Research On System Of Relocation By Judicial Enforcement

During the fast going urbanization process in China, issues arising inmandatorily dismantle houses have been far from well solved. Corresponding to theabove mentions issues, The “Regulation on the Expropriation of Buildings onState-owned Land and Compensation”(hereinafter referred to as “REGULATION”)promulgated by the State Counsel in2011has change “DISMANTLE” to“RELOCATE”, and also established the unilateral mode of relocation by judicialenforcement in Provision28，to providing a protective system for house relocation byenforcement through equal justice. However, in perspective of proprietary practicesone year since the REGULATION promulgated, the designed mode of relocation byjudicial enforcement has been far from the expected effect, for the sake of imperfectrelocation system by judicial enforcement.There are numerous defectives in the current relocation system of judicialenforcement, resulting in negative influences of heavy burden in court, deductingjudicial authority and so on. In view of historical development and relevant laws andregulations of house enforce dismantling mode, the design of relocation mode byjudicial enforcement is to restrict enforce dismantling and safeguard civil rights bydisplaying judicial neutrality, supervision and censorship in court. The current judicialenforce relocation has deviated the original purpose when designed, and also influenced the realization of expected aim.Based on the above mentioned, we should improve the current relocation systemby judicial enforcement in aspects of subject liability, execution procedure, relatedrelieve and liability judgment. By improving the mentioned aspects, we mayguarantee the judicial enforcing relocation system could meet the original goal whenthe mode designed, meanwhile regulate the administrative rights and safeguard civilrights in further.