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由于房屋拆迁中有被拆迁人自焚、当事人与政府对峙等极端事件的发生,现行城市房屋拆迁管理条例(以下简称拆迁条例)的修改或废止问题引起了社会各界的广泛关注。从法律制度和法律技术层面看,现行拆迁条例的主要问题是没有区分公益拆迁(征收拆迁)和商业拆迁(协议拆迁),并错误地将公益拆迁关系定位为民事法律关系。基于这样的
Due to the occurrence of extreme events such as the self-immolation of the demolished people in the house demolition and the confrontation between the parties and the government, the revision or abolition of the existing regulations on the management of urban housing demolition (hereinafter referred to as demolition regulations) has aroused widespread concern in the community. Judging from the aspects of legal system and law and technology, the main problems of the current regulations are that public welfare demolition (acquisition and demolition) and commercial demolition (agreement demolition) are not differentiated and the relationship between public welfare demolition and relocation is incorrectly defined as a civil legal relationship. Based on this