针对封闭式小区围墙拆除工作的最大障碍在于该行为侵犯了公民的财产权,同依法治国的基本理论严重相悖。但需要注意的是,对于小区围墙的拆除具备合理合法的双重特性。对于城市而言,建设围墙严重影响了城市同行能力,还人为阻隔了人群间的社会联系,无疑是助长了社会分层的恶性趋势。考虑到拆除理由不被接受主要是因为在使用法律的过程中尚未加以甄别,进而得到诡辩性结论。经过深入分析国内既有的财产权、社会架构及中国国情发现,在大部分环境下,民生全力最能代表中国法律赋予权利的基本特性。在关于拆除小区围墙的讨论阶段,严格的财产权维护只会加剧权利间的矛盾和抗拒特性,通过使用民生权能够很好地迎合这一问题。 The biggest obstacle to the demolition of a closed cell wall is that the act infringes upon the citizens’ property rights and runs counter to the basic theory of ruling a country by law. However, it should be noted that there is a double legitimacy for the demolition of residential walls. For the city, the construction of the wall has seriously affected the ability of urban counterparts, but also artificially blocked the social connections among the crowd, which undoubtedly contributed to the vicious trend of social stratification. Considering that the reason for demolition is not accepted, it is mainly because the application of the law has not yet been screened, and thus leads to sophistry conclusions. After an in-depth analysis of the existing domestic property rights, social structures and the situation in China, it is found that under most circumstances, people’s livelihood is the most basic representative of the rights that Chinese law can best represent. During the discussion phase of demolishing the cell wall, strictly protecting property rights will only aggravate the contradictory and resisting nature of the rights. This issue can be well met through the use of people’s livelihood rights.