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近年来城市拆迁案中,被拆迁户为了捍卫自己的合法权益,用《物权法》和《宪法》来对抗《城市拆迁管理条例》(以下简称条例),然《物权法》、《宪法》却终敌不过《条例》。这一现实发人深思,是什么使保护我们自由和权益的《宪法》和《物权法》居然输给了《条例》?从法理的角度看,这一现实不正是反映了权利与权力的关系?在法治的国家里,权利必须居以根本的地位,权力必须保障权利的实现,权力不得滥用,必须得到制约,而权利无疑是制约权力扩张的有效措施。
In recent years, in demolition of cities, in order to defend their own legitimate rights and interests, the demolished families use the “Property Law” and the “Constitution” to confront the “Regulations on the Administration of Urban Demolition” (hereinafter referred to as the Regulations). However, “Property Law” and “Constitution” However, “Regulations.” What is the reality that has caused the “Constitution” and the “Property Law” that protects our freedom and rights to have been actually lost to the “Regulations”? From a legal point of view, does this fact exactly reflect the relationship between rights and power? In a country ruled by law, the right must have a fundamental place. The power must guarantee the realization of the right, the power must not be abused, and must be restrained. And the right is undoubtedly an effective measure to restrict the expansion of power.