强制拆迁、财产权保护与地方宪政构建

Compulsion Relocation,Protection of Property Rights and Construction of Local Constitutional Government

近年来,在全国不少地方出现了以侵占农民宅基地和强拆民房为主要标志的拆村并居、强制农民上楼的运动,掀起了对农民权益的新一轮掠夺,引发了不少自焚抗争现象。农民被迫自焚,充分体现了地方权力的滥用与失控。在中央以行政手段制止地方滥用权力的同时,自焚抗争现象也对学界提出了如何加强地方宪政建设的理论课题。加强地方宪政建设,将地方权力纳入宪政框架和法治轨道,是坚持以人为本的科学发展观、保障农民基本权利和自由、实现国家长治久安的重大任务。

In recent years,some peasants＇ houses were pulled down by force and house sites were occupied in some places of the country.It＇s a plunder of peasants＇ rights and interests and resulted in many incidents of self-burning,which fully reflected that the local power was abused and out of control.While the central government trying to stop the abuse of local power with administrative means,the phenomenon of self-burning also provides a theoretical issue on how to strengthen the construction of local constitutional government.Strengthening the construction of local constitutional government and putting local power into the constitutional framework and ruling-by-law way is an important task for persisting in the development concept of taking people as the foundation,guaranteeing peasants＇ basic rights and freedom,as well as realizing the country＇s lasting stability.