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《国有土地上房屋征收与补偿条例(征求意见稿)》与规制拆迁的已有立法相比具有进步意义,但其在公共利益的界定,征收程序的构建,补偿规定的完善等方面仍有不足之处。应当将危房和旧房拆迁分别规定,适当限缩界定公共利益的兜底条款;具体规定论证会、听证会程序;赋予被征收人对房屋评估价格的复核权,并明确房屋产权调换的标准。
The Regulations on the Collection and Compensation of Houses on State-owned Land (draft for soliciting opinions) have more significance than the existing legislation on the regulation of demolition. However, there are still some deficiencies in the definition of the public interest, the construction of collection procedures and the perfection of compensation provisions Where. Provisions shall be made on the demolition of dilapidated buildings and old houses, respectively, and the limits of public interest should be narrowed down appropriately. Provisions shall be made on the demonstration and hearings procedures; the right of review shall be given to the assessed value of the houses and the criteria for the exchange of property rights shall be clarified.