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城市房屋拆迁涉及国家和拆迁双方当事人比较重大的权益,历来纠纷多处理难,又由于这项工作牵扯到规划、土地、房产以及当地政府的多方面职能管辖,因此案件性质和情节都比较复杂,处理难度比较大。《城市房屋拆迁管理条例》颁布后,规范了拆迁活动中的主要原则和程序,发挥了相当重大的作用。但是,由于条例对处理各项拆迁争议的性质,没有进一步明确立法解释,致使这方面出现不少问题。一是国务院房地产行政主管部门未做司法解释,各方面人士的解释又不一致,社会认识比较混乱;二是各地房屋拆迁主管部门做法不一致,有的按行政处理对待,有的按仲裁性质对待,管理制度不规范;
Urban housing demolition involves both the state and the demolition of the parties more important rights and interests, has always been more difficult to deal with disputes, and because this involves the planning, land, real estate and local government multi-functional jurisdiction, the nature of the case and the circumstances are more complex, Processing more difficult. After the promulgation of the Regulations on Management of Urban Housing Demolition, the main principles and procedures in the demolition activities have been standardized and played a rather significant role. However, as the Ordinance deals with the nature of the dismantling of the demolition, there is no further clarification of the legislative interpretation, resulting in many problems in this regard. First, the State Council department in charge of real estate administration did not make judicial interpretation of the people in all aspects of the explanation is inconsistent, social understanding is more chaotic; Second, around the demolition department in charge of the practice is inconsistent, and some according to the administrative treatment, and some according to the nature of arbitration, management System is not standardized