Thinking Of Administrative Law Of Demolition

From 2009, demolition has been the important problem .Compulsory demolition cause a lot of tragedy. The problem has been a hot issue, more and more legal scholars pay close attention to compulsory demolition. Modification of demolition regulation has been the inevitable fact. For Chinese people, the house is survival foundation and the place that could provide shelter. So the house is very important problem. At the same time, some people resort to extreme actions to protect their house from damaging. On the other hand, some State Administrative organs which take charge of managing housing demolition administrative illegally, this infringe the lawful rights of citizens. Because of these facts, housing demolition has been one more and more question. In order to protecting lawful rights, regulation and limitation the power of state administrative organs, writing this paper. The core of this paper is administrative expropriation, which the administrative demolition relates to public interest. And the content of the paper mainly includes permission of administrative expropriation and basic ion, compulsory measures, relief of administrative law, and so on. And this paper relates and analyzes these contents detailed. The main aim of the paper is providing some suggest to promulgation and implement of <the legislation of the state expropriation and compensation >,and hoping the new legislation could give play to regulate and limit administrative organs ,and protect the citizens from being infringing, and improve the condition of housing expropriation. On the basic of referencing the theoretical achievements of scholars both home and abroad, and studying abroad states whose administrative expropriations are more advanced, at the same time ,reading a lot of law and regulations, analyzing ,summarizing, and receiving the final conclusion. In the whole structure of the paper, the most important core is the second part, in this part, in other word, the conciliations and procedures of administrative expropriation are the main contents. And this part mainly analyzes what is public interest, and how to perfect the administrative compensation of administrative expropriation, in the original opinion , and providing a lot of discussion to argument and proof the disadvantages of administrative compulsory expropriation, in other word, compulsory is acted by the decision of only the state administrative organs, and at the same time, this regulation of administrative compulsory expropriation infringes the lawful rights of the people, so the solving way is canceling the administrative compulsory expropriation and establishing the judicial compulsory expropriation, in order to bring about the aim that judicial power regulate and limit the administrative power and achieve the balance status between the judicial power and the administrative power, and in the end the state administrative organs which take charge of managing housing could carry out the administrative power according to the regulation of law and other legal documents. The paper comes up with a new idea that is the administrative public interest litigation, and the litigation is enabled when the public interest has been infringed or will be infringed, under these circumstances, the people whose rights have been influenced or will be influenced could take action. This litigation can make more people participate in the action that could protect the public interest from unlawful infringement, and the same time, the people play a positive role to supervise the state administrative organ to act lawfully , and their lawful rights could be protected as well. And the measure will standard the filed of the administrative expropriation, and achieves the administrative expropriation to standardized and orderly. Our country is socialist state, and its radical aim is protecting the lawful rights of the people from unlawful infringement. The people are the host of my country. The people hand over their rights that govern our country and set up the state administrative organs to govern our country. Their aim is that the state administrative organs could manage our country and bring about their own rights better, and not is the promiscuity that the state administrative organs administrate unlawfully and the rights of people are infringed easily and recklessly. The filed of the administrative expropriation has been the more serious one, and more directed one that could infringe the persons'rights. This badly kills the purpose of he state administrative organs that sever the people of our country. Through a series of discussion, the paper provide some reasonable suggestion, the most fundamentally ,to hope that in the filed of the administrative expropriation could best serve the people and make their rights free from unlawful infringement, and grant the fundamental rights that they deserve. In the third part of the paper, the paper makes a distinction between the commercial demolition and the administrative expropriation strictly, and easily relates and analyzes the commercial demolition, and finally achieves this condition that both the commercial demolition and the administrative expropriation could be standardized ,orderly, fair and balanced, the rights and interests of the people could be protected affectedly, and the state administrative organs abide by the law , safeguard its sanctity and protect the interests of the people . And Improve administrative law enforcement system, the system of administrative supervision and administrative complaint handing mechanism, and comprehensively promote administration according to law. And promote service-oriented government and limited government developing steps, willing the aim of serving the people into effect.