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现行的《城市房屋拆迁管理条例》对我国的城市房屋拆迁活动确实起到了一定的指导和规范作用。但是《条例》尚存在许多不足之处,如对政府的行政权力约束不够;没有区别对待以社会公共利益为目的和纯商业目的的拆迁活动;存在侵犯公民私权的嫌疑。在整个拆迁过程中,拆迁人和被拆迁人的权利义务并不对等,有悖于实质上的公平。
The current “Regulations on the Administration of Urban Housing Demolition” have indeed played a guiding and regulating role in the demolition of urban housing in our country. However, there are still many inadequacies in the “Regulations”, such as the lack of sufficient restraint on the administrative power of the government; the fact that there is no discrimination between demolition activities aimed at social and public interests and purely commercial purposes; and there is a suspicion of infringing upon citizens’ private rights. Throughout the demolition process, the rights and obligations of the demolisher and the demolished are not equal, contrary to the substantive fairness.