近年来,伴随经济的发展和城市化进程的推进,因城镇建设、旧城改造引发的拆迁纠纷逐渐呈上升趋势,成为目前群体性纠纷的焦点。在拆迁纠纷中,民事、行政法律关系纵横交叉,公益与私益冲突对抗,行政机关公权力的行使、拆迁人商业利益的实现以及被拆迁人财产权利的保护相互博弈,使得各方利益尤其是公共利益与私人利益如何被衡平备受关注。而在这种动态的冲突中寻找 In recent years, along with the economic development and advancement of the urbanization process, the dismantling disputes caused by the urban construction and the transformation of the old city have been gradually increasing and have become the focus of mass disputes at present. In the disputes of demolition and relocation, the relationship between civil and administrative laws is criss-cross, the confrontation between public welfare and private interests conflicts, the exercise of public authority of administrative organs, the realization of business interests of demolitions and the protection of property rights of demolished people make the interests of all parties, especially public Interests and private interests are how to be balanced attention. In this dynamic conflict to find