试论房屋征收与补偿的正当程序——兼论《国有土地上房屋征收与补偿条例》中的程序性规定

摘要

The idea of due process is emphasized by Regulation on Expropriation of Houses on State -owned Land and Compensation not only through its basic principles, but in provisions with regard to expropriation and compensation. This thesis firstly explains the source of due process and its four essentials, then points out four significant improvements Regulation has attained, and at the same time, analyses how to improve it in the future in accordance with due process of law.%《国有土地上房屋征收与补偿条例》在原则和具体征收和补偿过程中均强调了正当法律程序的理念,文章在介绍正当法律程序的渊源和四大要素基础上,指出《国有土地上房屋征收与补偿条例》中在程序上出现的四大亮点,也分析了新条例贯彻正当法律程序理念不足的地万.