大陆与港澳台拆迁制度的比较

A Comparative Study on House Demolition and Removal in China's Mainland and Land Expropriation in Hong Kong, Macao, and Taiwan

港澳台土地征收制度与大陆的拆迁制度,虽然由于所有制的不同而有些区别,但由于大陆的房屋拆迁实质是房屋所有权的征收,作为征收制度仍然有可比较之处。物权法对现行拆迁制度有着根本性的影响,因此,港澳台土地征收制度中的成功经验如:区分以公共利益为目的实施征收、以商业目的的平等协商、完善的补偿机制等,都是值得我们借鉴的。

The practices of land expropriation in Hong Kong, Macao and Taiwan region and the demolition and removal of urban houses in China's Mainland are comparable although there are differences between them due to different ownership systems. In a sense, the nature of the demolition and removal of urban houses in China's Mainland is the expropria- tion of the ownership of the houses. The Real Right Law of the People ＂s Republic of China exerts a fundamental influence on the present demolition and removal system. Therefore, experience from the land expropriation in Hong Kong, Macao, and Taiwan region, such as distinguishing expropriations for public interest from other purposes, conducting equal negotiations for expropriation for commercial purpose, and improving the compensation system, is worthy of study from the mainland perspective.