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2001年出台的《城市房屋拆迁管理条例》(以下简称《旧条例》)因存在法律冲突等问题被2011年颁布的《国有土地上房屋征收与补偿条例》(以下简称《新条例》)取代,但实务中仍然有大量因征收拆迁而引起纠纷的案件。本文用相关焦点案例分析征收问题的特点和纠纷存在的原因,再从法学界和实务界两方面提出相应对策与建议。
The Regulations on the Administration of the Demolition of Urban Houses (hereinafter referred to as the “Old Regulations”) promulgated in 2001 have been replaced by the Regulations on the Collection and Compensation of Houses on State-owned Land promulgated in 2011 (the “New Regulations”) promulgated in 2011 due to the existence of legal conflicts. However, there are still a large number of cases in practice that have caused disputes due to expropriation and demolition. This article analyzes the characteristics of the issue of collection and the reasons for the existence of the problems with relevant focus cases, and then puts forward corresponding countermeasures and suggestions from both the legal and practical sectors.