Judicial Mandatory Relocation And Its Perfection

Since2011,The "Regulation on the Expropriation of Buildings on State-owned Land and Compensation ","promulgated by the State Counsel" and a series of other relevant provisions promulgated by the State Counsel, established a mode of "administrative organ apply, people’s court review; administrative organ execute mainly, people’s court execute auxiliary", on the practical level. This new mode replaced the formerly one by pull in judicial review, and changed the situation of administrative organ be both "athlete" and "judge", People’s courts shall exercise the decision instead. Also, another feature of the new system is the purpose of public interests as a premise, clear and elaboration on the scope of public interests, increase the likelihood of actual operation, is conducive to better prevent abuse expropriated and maintenance of the rights and interests.But the system still has many deficiencies, such as, in terms of the specific provisions of executive main body of the state council issued regulations required by the house is located in the city, the people’s government at the county level shall be responsible for the house acquisition, need to enforce, apply to the people’s court for execution.But in the notice issued by the supreme people’s court, requires specific execution work generally should be performed by the administrative organ, the people’s court in certain situations can also be responsible for the concrete implementation, this a series of regulation leads to understanding of executive main body of the discrepancies on the theory and practice.In addition, the current system in the public interest definition methods, compensation mechanism, the provisions of the relief system and so on also has many places need to be improved.So the author based on the analysis of the current system, from a decision to make, compensation mechanism, the executable program three aspects puts forward improvement opinion to the judicial system of forced evictions. In addition, the author suggested that should be considered before a decision is the pursuit of public interest and to "damage" to the ratio between the interests of the individual, which is a tax levied on specific proportion principle in the applicable, at the same time on the hearing system is perfect, to better achieve the purpose of the public benefit levy, expropriated maintenance rights and interests. For a compensation mechanism, the author thinks that should be from the appropriate for expanding the scope of the compensation and improve the compensation standard two aspects to improve and to from a certain extent, alleviate the problem of demolition.To execute a program, the author scientifically determine the executive main body and improving Suggestions add execution to suspend the two aspects, in order from the system level to determine the force to impose sanctions in the field of separation system, at the same time better expropriated the maintenance of the rights and interests.