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随着我国经济社会的不断发展,城市化进程的不断加快,房屋拆迁越来越成为城市建设当中一个引起人们广泛关注的社会问题。房屋拆迁当中不断产生的各种纠纷,暴露出行政管理中存在着各种问题亟待解决。当前我国房屋拆迁与补偿制度正是在这种大环境下建立并且不断完善的,这些制度对于房屋拆迁当中存在的问题的解决起到了一定的作用。但在运用当前的制度解决问题时,也不断暴露出制度本身存在的一系列问题。2015年《行政诉讼法》的修改也对房屋拆迁中应当如何适用比例原则也产生了一定的影响。在房屋拆迁的过程中,如何通过正确适用比例原则保证房屋拆迁依法进行,成为了一个值得探讨的问题。
With the continuous development of economy and society in our country and the accelerating process of urbanization, housing demolition has increasingly become a social issue attracting wide attention in urban construction. Various disputes arising from the demolition of houses have exposed the various problems in administration which are in urgent need of solution. At present, China’s housing demolition and compensation system is precisely established and continuously improved in such a large environment. These systems play a certain role in solving the existing problems in house demolition. However, when using the current system to solve problems, it has also constantly exposed a series of problems existing in the system itself. The revision of the Administrative Procedure Law in 2015 also exerts some influence on the principle of proportionality in demolition of houses. In the process of house demolition, how to ensure the demolition of houses in accordance with the law by applying the principle of proportion correctly has become a question worth exploring.