房屋拆迁案件中,往往存在着容易混淆的两种不同的法律关系.一种是,拆迁人直接对被拆迁人给予的补偿、安置认为不合理引起的纠纷.这类案件的双方当事人是基于平等权利义务主体对权益发生的争议而产生的法律关系.这种基于平等主体之间为权益纠纷而产生的关系属于民事法律关系;另一种是,政府或者房屋拆迁主管部门(拆迁办)作出的裁决,当事人认为错误而引起的纠纷.这类纠纷主要由于拆迁人与被拆迁人在补偿、安置等问题上达不成协议,申请政府或者房屋拆迁主管机关裁决,一方当事人对行政裁决不服而产生.这种由行政裁决引起的争议,是基于国家行政机关及其工作人员在行政管理活动中,因行使行政权的行为引起的争议.行政机关这种行使行政权的行为,单 There are often two different kinds of legal relations that are easy to be confused in the case of house demolition: one is that the demolisher directly disbuffs the compensation and resettlement caused by the demolished house, and the parties involved in such cases are based on the equality The rights and obligations of the main body of the dispute arising from the legal relationship arising from this equality between the rights and interests of the main disputes arising from the relationship between civil law; the other is the government or the demolition department (Demolition Office) made Ruling and disputes that the parties think are wrong, mainly due to the fact that the demolisher and the demolished have failed to reach an agreement on such issues as compensation and resettlement, apply for the ruling of the government or demolition authorities, and one of the parties refuses to accept the administrative rulings. This kind of controversy caused by administrative rulings is based on the controversy arising from the act of exercising administrative power in the administrative activities of state administrative organs and their staffs.