房屋拆迁问题涉及人民群众的根本利益和长远利益,拆迁工作政策性强、影响面大,并且关系到经济和社会的发展、社会稳定的大局。这一问题为包括政府、人民法院、房地产企业、被拆迁人在内的社会各界所广泛关注。可以说,拆迁是一把双刃剑,公平合理地运用它,将会促进城市发展、生活改善和社会进步;不当处之,将会破坏社会公平、引发群体上访、孳生房地产领域的腐败。拆迁的正负面影响均已凸显,党中央、国务院高度关注拆迁带来的负面效应,建设部等主管部门注重完善法律制度,人民法院积极采取措施、强化司法审查功能。由于法律规定的区别,房屋拆迁包括城市房屋拆迁和集体土地征用的拆迁。在执法实践和审判实践中,这两种拆迁常常被混为一谈,显然,城市房屋拆迁适用《城市房屋拆迁管理条例》,而集 The issue of house demolition involves the fundamental interests and long-term interests of the masses of the people. The demolition work has a strong policy and great impact, and is also related to the overall economic and social development and social stability. This issue has drawn wide attention from all sectors of society, including the government, people’s courts, real estate enterprises and demolitionists. It can be said that demolition is a double-edged sword. Using it fairly and reasonably will promote urban development, life improvement and social progress. Improper disposal will undermine social fairness and lead to petitions from groups and corruption in the real estate industry. Both the positive and negative impacts of demolition have been highlighted. The Central Party Committee and the State Council pay close attention to the negative effects brought about by demolition. The competent departments such as the Ministry of Construction pay attention to perfecting the legal system, and the people’s court takes active measures to strengthen the judicial review function. Due to the difference between legal provisions, house demolition includes demolition of urban houses and acquisition of collective land. In the practice of law enforcement and trial practice, these two kinds of demolition are often confused, obviously, urban housing demolition apply “Urban Housing Demolition Regulations”, and set