Orientation Of The Functions Of The Administrative Trial In Social Management Innovation

Since in 2010 Comrade Zhou Yongkang proposed the strategic plan for the country's political and legal work, urging the law enforcement authorities in the whole country to deeply advance the resolution of social conflicts, innovation of social management and fair and honest law enforcement and include law enforcement authorities into the participant in the social management innovation. In the meantime, land acquisition and demolition is a huge problem in the reality of our country and the substantial settlement of the dispute over land acquisition and demolition and creation of a harmonious society are basic demand of the social management, the inherent requirement of socialism and the objective of the courts' participation in social management. In land acquisition and demolition, the courts not only play the role of a neutral referee, but also effectively resolve real conflicts and promote social management innovation. As the judicial authorities with the trial function, the people courts are bound to play an increasingly important role in promoting social management innovation. The courts participating in promotion of social management innovation is the political responsibility entrusted by the times. This paper, using the administrative trial of land acquisition and demolition as an example, through analysis of the difficulties facing the administrative trial of the demolition cases and thereafter analysis of the legal base of the courts'participation in promoting social management innovation by the current legal profession, proposes the importance and methods for participation in promoting social management innovation in the land acquisition and demolition by the administrative trial and makes attempt to define the administrative trial function and seeks theoretical support from the judiciary function and political function. At the same time, this paper points out various problems in the administrative trial which makes it difficult to resolve the contradictions in land acquisition and demolition and proposes a series of recommendations after a number of problems in the current administrative trial in China.