强制拆迁利害关系人暂时权利保护制度探微

On the Provisional Legal Protection System for Interested Party of Compulsory Demolition

强制拆迁在新中国历史上经历了从无到有、从简到繁的过程。现实中强制拆迁被滥用,实体法及救济法制度均存在缺失。为实现利害关系人于强制拆迁中的权利保障,有必要针对性地创设强制拆迁利害关系人暂时权利保护制度,主要包括行政强制法上的行政强制诉前停止执行、行政诉讼法上的作为职责及时履行制度。

Compulsory demolition appeared after the founding of People＇s Republic of China and happened to be more and more complex day after day. Now it is always abused in practice. There are defects both in substantive law and relief law. It is necessary to build the provisional legal system to protect the rights of interested party in compulsory demolition, which mainly includes the pre - litigation suspension of administrative enforcement in administrative compulsory law and the timely implementation of conduct obligation in administrative procedure law.