摘要
在城市化的社会里,公共利益是客观上存在的与每个公民的生活质量和发展机遇密切相关的利益形式。现行《中华人民共和国城市房屋拆迁管理条例》不仅对私权造成了巨大伤害,同样也损伤了公共利益。当前学界普遍立足于私权进行批判和构建,忽略了公共利益这一原点。在新制度设计中,公共利益与私人利益应当具有同等的地位和价值,它不单是私权保护法,同样也应当成为公共利益促进法。
There is an interest which is closely related to all citizen life quality and their development chance in urbanized society.It is called public interest.The Regulations of PRC on the Administration of the Demolition and Removal of Urban Houses not only harms to private interests,but also to public interests.However,at present academic exchanges are based mainly on private interests to criticize and construct,meanwhile public interests are neglected.The author holds that public and private interests have same status and value,and the new legal system should be a law that both protects private interests and promotes public interests.
