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日前,国务院第305号令公布了新修订的《城市房屋拆迁管理条例》,该《条例》将于今年11月1日起施行。根据该《条例》的规定,我国城市房屋拆迁管理政策有重大调整——拆迁补偿的原则将调整为对房屋所有人进行补偿,兼顾对房屋使用人的安置,保护房屋所有人的合法权益,将拆迁补偿的标准由被拆迁房屋的重置价格结合成新,修改为根据被拆迁房屋的区位、用途、建筑面积等因素,以房地产市场评估价格确定货币补偿金额。因此,原先政策中可以被一些人钻空子谋取不正当利益的条款已基本被删改。 据了解,目前正在实施的《城市房屋拆迁管理条例》是1991年6月1日出台的,它对规范房屋拆迁行为、加强对城市房屋拆迁的管理,维护拆迁当事人的合法权益,保障建设项目的顺利进行,发挥了积极作用。但是随着改革开放和社会主义市场经济的发展,原《条例》的不少规定已经明显不适应城市房屋拆迁工作的需要,主要有五个方面的问题:
Recently, the State Council Decree No. 305 announced the newly revised “Regulations on the Administration of Urban Housing Demolition,” which will come into effect on November 1 this year. According to the provisions of the “Regulations”, China's urban housing demolition management policy has a major adjustment - relocation compensation principle will be adjusted to compensate the owner of the house, taking into account the placement of occupants and protect the legitimate rights and interests of the owner of the house will be The standard of demolition compensation shall be combined with the replacement price of demolished houses into new ones, and shall be modified to determine the monetary compensation amount based on the assessed value of the real estate market according to the location, use and construction area of demolished houses. Therefore, the provisions of the original policy that could be exploited by some people to seek improper interests have basically been deleted. It is understood that the implementation of the “Urban Housing Demolition Management Regulations” was introduced on June 1, 1991, which regulate the behavior of housing demolition, strengthening the management of urban housing demolition to safeguard the legitimate rights and interests of the demolition parties to protect the construction project Smooth progress, has played an active role. However, with the reform and opening up and the development of the socialist market economy, many provisions of the original “Regulations” have obviously failed to meet the needs of urban house demolition. There are mainly five issues: