Investigation On Judicial Intervention Of Land Acquisition And Demolition

In recent years,with the rapid development of economic and political culture and quickening the process of urbanization in our society,Land acquisition and compensation of the building has became the key to realize the integration of urban and rural areas, the old city in new town, the construction of new countryside,When the emergence of the housing land expropriation compensation contradictions, how to deal with social problems of the requisition and legal issues are becoming a key.Law, however, as the fundamental guarantee on the system, which plays a fundamental role in regulating social contradictions, and solve the problem of conflicts of interest, according to research administrative litigation examples as the breakthrough point, to analyzes for building the deep-seated problems of land expropriation compensation problems.This article mainly aims at study on the published in academic journals and the Supreme Court of house acquisition and demolition and guidance issued, studying influence in house acquisition and compensation of the "regulations on the administration of urban house dismantlement" and "state-owned land on the housing levy and compensation ordinance", reflecting the problems and disadvantages of housing collection of compensation system,I believe that abuses generally focused on the following four:first, the housing demolition compensation principle and the standard are fuzzy uncertainty. Although the land expropriation and compensation ordinance on how to compensate the value of the house made specific pro vision, but the determination of compensation standard depends on the rating agencies, the administrative authority has enormous influence on the appraisal institutions, whether the Appraisal institution’s evaluating was influenced by the administrative organ, we don’t know.Second, housing demolition compensation standard doesn’t according to market rules change, It has certain hysterics. On the one hand, there is a gap between the government pricing and the actual market prices, on the other hand, the appraisal institutions have the initiative in evaluation price.Third, from the procedure, administrative openness and impartiality of the demolition decision open cannot be guaranteed. The excessive use of executive power, has seriously affected the judicial independence, also including the impact on the judicial demolition. Finally, aiming at this problem, getting the conclusion by analyzing the comprehensive cases, history, regulations and others.compensation standard is more mercerization, promoting more compensation mode choice; Shift the administrative organ law enforcement concept, which is committed to build a service government; Perfect the procedure of building the requisition. It can fundamentally protect the rights of the dismantles, Create specifications a harmonious system environment.