Administrative Compensation Proceedings Empirical Research

In recent years, in the wake of China's industrialization and urbanization process, land expropriation, housing demolition disputes have emerged, the People's Court accepted the case is growing. However, the existing "Administrative Procedural Law," the executive compensation for the absence of litigation, the People's Court accepted the result, the executive compensation cases tried not to follow the practice of many courts with no legal grounds to refuse to hear, has accepted the verdict in the trial and there exist numerous Norm, which severely limits the administrative functions of the property acquisition in the field of play. impact of the Constitution on the protection of private property rights, the implementation of the principle of compensation for the expropriation, objective and even encouraged the "PRC" and other violations of property rights, the illegal demolition. Executive compensation litigation systems need improvement. Current compensation of the Chief of the entities have a more in-depth study, but compensation for administrative proceedings, the topic seldom involved, and this is precisely the executive compensation litigation bottleneck, this paper encountered in the practice of the issue from a theoretical and empirical perspective in the light of the compensation proceedings the process of the study. This paper discusses the controversial executive compensation litigation, compensation lawsuits admissibility condition, and a decision of the trial proceedings, the application of the law of compensation proceedings, compensation litigation inspiration for the "Administrative Procedural Law," the revised five issues. Which can be sued for compensation in the controversial practice is controversial, this paper focuses, executive compensation through litigation to resolve disputes; Although foreign litigation as compensation in the civil trial, but the people's court shall, as an administrative trial; People's Court accepted the current Constitution is the legal basis for compensation cases. whom the compensation controversy does not affect the administrative litigation; Type in the proceedings, the proceedings entirely jurisdiction v. compensation. In this article, the second and third parts of the main types of use, on the admissibility of compensation proceedings, the trial issue, and focuses on the difference between the Judicial Review Proceedings. In this fourth part of the compensation...