节制与效率——论城市房屋拆迁中的行政权

Moderation and Efficiency:On the Executive Authority in Urban House Removal

在城市房屋拆迁过程中,由于行政权不当行使所引发的违法拆迁、野蛮拆迁已成为社会关注的焦点。房屋拆迁大多出于商业目的,其间暴露出政府角色混乱、权力寻租、滥用行政权等弊端。在房屋拆迁领域,政府应当有所为有所不为,严格保持中立性,避免过多参与拆迁事宜,并通过加强程序建设、转变政府行政理念和利用外部因素节制行政权,以提高城市房屋拆迁的整体效率,保障被拆迁人的财产权。

During the urban house removal, illegal and savage removal due to improper executive authority has become a social focus. Most of the house removal originates from commercial purpose, which shows corrupt practice such as chaotic governmental role, power rent seeking and abuse of administrative power. In the areas of house removal, the government should know what it should do and what should not, hold a neutral attitude, and avoid excessive participation in the removal. And by strengthening the system construction, changing the government＇ s administrative ideas and using the administrative power of moderation, the government can improve the overall removal efficiency, and protect the households＇ property rights.