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从法律上讲,房屋暴力拆迁行为已经构成犯罪或违法,应当依法予以严惩。我国《国有土地上房屋征收与补偿条例》确认了暴力拆迁行为的法律责任。本文认为,对于暴力拆迁行为,应当按照宪法与法律的相关规定追究其刑事责任、行政责任和民事责任等。要保障暴力拆迁行为法律责任的实现,有必要转变执法观念、强化国家机关的不作为责任,明确司法机关适用法律优先的权力。
Legally speaking, the violent demolition of houses has constituted crimes or illegalities and should be severely punished according to law. China’s “State-owned Land Expropriation and Compensation Ordinance” confirms the legal responsibility for violent demolition. This article argues that for acts of violent demolition, it should pursue its criminal responsibility, administrative responsibility and civil liability in accordance with the relevant provisions of the Constitution and the law. To guarantee the realization of the legal responsibility of acts of violence and demolition, it is necessary to change the concept of law enforcement, strengthen the responsibility of state organs for omission, and clarify the judicial power’s priority to apply law.