A Study On The "separation Of Ruling And Enforcement" Mode Of Non-litigation Administrative Enforcement Of Housing Expropriation

Housing relocation has an important role in promoting urbanization.It is not only concerning that we realize the urbanization as soon as possible,but also affecting the owner's well being.Since the founding of the the People's Republic of China,our contry has gone through four stage.In 2012,the Supreme People's Court stipulate the sets in The Provisions about the Supreme People's Court on Several Questions Concerning the Application to the People's Court for Compulsory Implementation of the Decision on housing Expropriation and Compensation on State-owned Land.to improve practical operational issues in the process of housing relocation.The mode of separating judgment from enforcement had been confirmed officially.After eight years of testing,the mode has achieved certain results in practice.The People's Court plays a certain degree of supervision and restriction in the local government carring out the housing expropriation through exercising the judicial review.However,the vicious incidents due to violent demolitions still happen occasionally,and it has a very bad social effect.The aim of curbing violent demolitions by the mode of separating judgment from enforcement has not been achieved.Through summarizing the non-litigation administrative execution cases in recent years,it can be found that there are some problems existing in the mode of separating judgment from enforcement from the angles of legislation,relevant system and judicial practice.This paper analyzes these prominent problems and their causes,referring to beneficial experience from part of developed countries,and proposes specific methods to improve the separating judgment from enforcement pattern in points of practice,institution and legislation.