强制拆迁在新中国历史上经历了从无到有、从简到繁的过程。现实中强制拆迁被滥用,实体法及救济法制度均存在缺失。为实现利害关系人于强制拆迁中的权利保障,有必要针对性地创设强制拆迁利害关系人暂时权利保护制度,主要包括行政强制法上的行政强制诉前停止执行、行政诉讼法上的作为职责及时履行制度。 Mandatory demolition in the history of new China experienced from scratch, from simple to complex process. The reality of forced demolition abuse, the substantive law and the relief law system is flawed. In order to realize the protection of the rights of the interested parties in the forced relocation, it is necessary to create a system of protection of the temporary rights of the interested persons of the demolition and relocation in a targeted manner, which mainly includes the suspension of enforcement before administrative compulsion in administrative enforcement law and the duty in administrative procedure law Timely implementation of the system.