The Application Research Of Judicial Review Of Urban Housing Demolition

Under the pressure of the constant events triggered by forced removals and expectation of the public to the new regulation,the Tax and Compensation Ordinance Houses On the State-owned Land finally came out and replaced the original Administrative Regulations On Urban Houses Dismantlement in2011, providing new legal basis for judicial review procedures on the urban house dismantlement.But up to now, the judicial review procedures on urban house dismantlement are still hard to put into practice, failing to play the role as the public have expected. Therefore, this paper focuses on the research of judicial review procedures on compulsive removals of urban house. Firstly, the essay clarifies the legal relation between the nature and subject by introducing the detailed concepts in the judicial review procedures on compulsive removals of urban house, and discusses the functions of the judicial review procedures on compulsive removals of urban house. Secondly, from the point of regulations of Administrative Procedure Law PRC and the practice of judicial review procedures, the essay introduces the problems in the judicial review procedures on compulsive removals of urban houses and points out the direction for the construction and perfection of the above procedures.Thirdly, as for the problems in the judicial review procedures on compulsive removals of urban houses in China, the essay provides specific ideas, taking the foreign experiences for referee, for the construction and perfection of judicial review procedures on compulsive removals of urban houses from four points of litigation subject, review scope, judging standard and judging way. Through perfecting judicial review procedures on compulsive removals of urban houses, the essay aims to ensure the legitimacy and rationality of the urban houses’dismantlement, protect the interest of the people and play its true role in judicial review procedures.