试论公益性城市房屋拆迁中政府与拆迁人之间的法律关系

Public housing demolition in the city government and the demolition of the legal relationship between

城市房屋拆迁行为从拆迁的目的及用途方面可以分为公益性的房屋拆迁和经营性的房屋拆迁。在公益性的房屋拆迁中,政府与拆迁人之间的法律关系历来存在争议,一种观点认为,这两者之间是行政委托关系;另一种观点认为,两者之间是行政合同关系。通过对两种类型的法律关系进行比较及系统分析后,笔者认为,公益性的房屋拆迁中政府与拆迁人之间应为行政合同法律关系。

Urban Housing Demolition acts from the demolition of the purpose and use can be divided into public housing demolition and operation of house demolition.In public housing demolition,Between the Government and the demolition of the legal relationship has always been controversial,One view is that between the two is the relationship between the executive commission;Another view was that the contract between the two is the relationship between the executive.Through two types of legal relations between the comparison and analysis studies,I personally believe that the demolition of public housing between the Government and the demoli- tion contract for administrative legal relations.