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学界理想化甚至有点任性地推动使某些法律法规出现相互矛盾,甚至无法执行。关乎民生的问题有:房改房保障房混淆侵害了职工房改应得劳酬;应该用政府优先购买的一概用征收;绝对的房地一体和统一登记阻碍了城乡居民联建权;遗失遗忘及抛弃混淆侵害了遗忘在银行的存款所有权或无主物先占权;《物权法》界定小区车位可约定归属侵害了购房者的法定配建共有权;取消强制婚检的条例和立法近10年相互矛盾,法定禁止结婚条款成空纸一文,传染病遗传病害民;计算机条例和司法解释对合理使用的规定相互矛盾;婚姻法司法解释三使法定夫妻共有权和家庭住房权受损。面对这些,笔者欲以公平正义理念分别表述自己的见解。
The idealization of the academic community has even led to a certain amount of discretion in promoting some conflicting or even enforceable laws and regulations. The problems related to people’s livelihood are as follows: The confusion of the housing reform of housing reform has infringed upon the remuneration of employees in the housing reform; it should be levied on the basis of the government’s priority purchase; the absolute integration of land and buildings and the unified registration have hindered the right of urban and rural inhabitants to joint ownership; Confusion over the forgotten deposit in the bank ownership or no prerogative of the main material; “Property Law” defines the parking spaces in the community can be attributed to property rights infringe the legal rights of property buyers; to abolish the statutory provisions and legislation of the 10-year conflict of mutual contradictions statutory Prohibition of marriage clause into an empty paper, infectious disease genetic disease people; computer regulations and judicial interpretation of the provisions of the use of contradictory conflicts; judicial interpretation of the three marriage law legal joint property rights and family housing rights are damaged. Faced with these, I would like to express their own views on the concepts of fairness and justice.