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江西宜黄县凤冈镇自焚事件透射出我国房屋拆迁中私权利屡遭侵犯现状。《拆迁条例》对私有财产强制性处分的规定与《立法法》相违背,补偿条款的规定难以操作,拆迁程序设置不当,拆迁纠纷解决程序的安排欠妥,行政权力的扩张乃至异化也致使私权利受损。为有效保护私权利,要从公权力与私权利的关系上,认识私权利保护的必要性;完善拆迁立法,从源头上解决私权利保护的问题;转变政府管理职能,引导公权力理性回归。
The incident of self-immolation in Fenggang Town, Yihuang County, Jiangxi Province reveals the current situation of repeated violations of private rights in China’s housing demolition. The Regulations on the mandatory disposal of private property are contrary to the Legislation Law, the provisions of the compensation provisions are difficult to operate, the procedures for the demolition and relocation are not properly set up, the procedures for resolving the demolition and relocation disputes are not adequate, and the expansion and even dissimilation of administrative power leads to illegality Right damaged. In order to effectively protect private rights, it is necessary to understand the necessity of private rights protection from the relationship between public rights and private rights; to improve legislation on demolition, to solve the problem of private rights protection from the source; to change the government management functions and guide the rational return of public power.