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《城市房屋拆迁管理条例》(以下简称《条例》)规定,拆迁许可一旦生效,拆迁许可确定的拆迁范围(即红线)之内的房屋肯定要被拆除。可能是被拆迁人自愿拆除或者被拆迁人同意拆迁人拆除;也可能是被拆迁人不同意而被强制拆除;还可能是由于拆迁人采取停电、停水、停气、断路、骚扰、恐吓等非法手段迫使被拆迁人接受拆除的现实。第一种情况效果最好;第二种情况如果能做到依法进行,是立法者所追求的结果;第三种情况是一种侵权行为,是法制国家所不允许的行为。依法强制拆迁可以保证有关项目的顺利进行、维护拆迁人与被拆迁人利益冲突的平衡、体现公正执法和公正司法。依法强制拆迁是《条例》、《仲裁法》、《民事诉讼法》和《行政诉讼法》的科学设计,在拆迁活动中具有重要意义。
The Regulations on the Administration of Urban Housing Demolition (hereinafter referred to as the “Regulations”) stipulate that once the permission for demolition has taken effect, the houses within the demolition scope (ie, the red line) identified by the demolition permit must be demolished. It may be that the demolished people voluntarily demolished or the demolished people agreed to demolish the demolished people. It may also be that the demolished people were forced to demolish without the consent of the demolished people. It may also be because of the power failure, water stoppage, gas stoppage, interruption, harassment, intimidation, etc. Illegal means forcing the demolished to accept the demolition of the reality. The first case is the best one. The second case is the result pursued by the legislator if it can be done according to law. The third case is a tort which is not allowed by the legal state. Mandatory house demolition in accordance with the law can ensure the smooth progress of the relevant projects to maintain the balance of interests of the demolition and relocation of people, reflecting fair and equitable justice and justice. Mandatory demolition according to law is the scientific design of the “Regulations”, “Arbitration Law”, “Civil Procedure Law” and “Administrative Procedure Law”, and is of great significance in demolition activities.