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我国内地目前尚未制定有关商业拆迁的法律,以致与之相关的拆迁纠纷尚没有一个妥适的解决依据。相比之下,香港特区已形成较完善的商业拆迁法律制度,尤其是通过有条件地运用强制售卖制度,较好地平衡了私人发展商和少数业主之间的利益,促进了土地的重新发展,对我国内地商业拆迁法律制度的构建具有借鉴意义。
At present, no law on commercial relocation has been formulated in the Mainland, so there is not yet a proper basis for resolving the demolition disputes related to it. In contrast, the Hong Kong SAR has formed a relatively complete legal system for commercial demolition. In particular, through the mandatory application of the system of mandatory sale, the interests of private developers and minority owners have been well balanced and the land has been re-developed , Which has reference significance to the construction of the legal system of commercial demolition in the Mainland of China.