定性与治理:违章建筑在拆迁中补偿问题研究

Determination and Governance: Demolition of Illegal Buildings in Compensation

拆迁被称为当今"天下第一难事",其中违章建筑的拆迁补偿问题尤为复杂,理论界和实务界分歧很大。大多数学者对于违章建筑的定性,一定程度上将原本属于两个层面的问题混淆,导致对违章建筑定性的模糊不清。对于违章建筑的补偿不应采取"一刀切"予以全部否定,应对违章建筑的定义、财产性质及权属进行详细分析、甄别,在市场比较法、收益法的基础上构建新型的租金定价模式。

Demolition is known as ＂the most difficult task in the world＂, the compensation for demolition of illegal buildings is very complicated in theory and practice. There is much debate on compensation for illegal construction, in which most of the illegal construction, to a certain extent, is not clear and so confused that it may lead to the illegal construction of qualitative ambiguity. The author believes we should reveal the illegal construction veil through an careful analysis of illegal construction, its property and private ownership; the paper also proposes a solution --a new rent pricing