A Try On The Supervision And Restraint Mechanisms Of China's Procuratorial Power

With our country economic development and the accelerated pace of the city, especially the Urban Redevelopment and Habitat improvement project deeply carried on, house demolition has already become a hot and difficult issue in the social activities by the public attention. Urban housing demolition activities for disputes is the main pursuit of the interests of all parties to maximize the contradictions arising. Among them, the more common is the urban house demolition compensation disputes. In this paper, urban house demolition dispute with the characteristics of their own ( public law and private law are intertwined, mandatory and voluntary inter-mixed and the National Unity and local differences exist), a comprehensive and detailed analysis of the existing Kinds of dispute resolution mechanisms are inadequate and the experience, drawing upon relevant extraterritorial basis, make their own on improving the urban house demolition compensation mechanism for dispute resolution of certain recommendations This paper argues that one should relax the limits of judicial review of administrative proceedings and scope of the dispute will be more reasonable relocation problem be included in the scope of the study; the other hand, the need for demolition dispute the extent of public welfare to be screened, for non-Pure public good should be imposed on the demolition in relief to strengthen the role of Civil Procedure At the same time, no matter what kind of action mode, the system can not ignore the mediation of disputes in urban housing demolition as well as the status and role of institutional independence of the construction of administrative decisions.