《物权法》实施后政府拆迁“城中村”房屋存在的问题及对策

On the problems and countermeasures in the governments' demolition and relocation of "villages in the downtown" after the implementation of Property Law

"城中村"是我国城市化进程中的特殊产物,国有土地上房屋的拆迁有《城市房屋拆迁管理条例》(将被《征收与拆迁补偿条例》代替)予以规范,"城中村"房屋属于集体土地上房屋,其拆迁补偿方式及程序没有专门法律、法规予以规范,缺乏可操作性。根据《物权法》规定,政府拆迁"城中村"房屋同拆迁城市房屋一样,非为了公共利益需要不得拆迁、非依照法律规定的权限和程序不得拆迁、非依法给予拆迁补偿不得拆迁。当前政府拆迁"城中村"房屋存在许多问题,必须认真贯彻好宪法和《物权法》关于保护公民私有财产权的精神,规范政府拆迁"城中村"房屋行为,保护被拆迁人的合法权益。

＂Villages in the downtown＂ are the unique product of the urbanization process in China, and the demolition and relocation of houses on state-owned land is regulated by Regulations of Urban Housing Demolition Management （to be replaced by Regulations of Imposition and Demolition ＆ Relocation Compensation）. As ＂villages in the downtown＂ belong to houses on the collective housing land, there is no special law and regulation to regulate their demolition and relocation. According to Property Law, ＂villages in the downtown＂ should be treated in the same way as the ordinary houses in the downtown： no demolition except for public interest, no demolition except for obeying the regulations and procedures of law, no demolition excerpt for compensation according to the law. As there are many problems in the present governments＇ demolition and relocation of ＂villages in the downtown＂, we must seriously implement the spirit of protecting citizens＇ private property rights embodied in the constitution and Property Law and regulate governments＇ acts in their demolition and relocation of ＂villages in the downtown＂ so as to protect the legitimate rights and interests of people whose houses are demolished and relocated.