A Study On Several Questions About China’s Intensity Of Judicial Review In Eminent Domain

Eminent domain is a manifestation of sovereignty. It is a specificadministrative act for the country needs in the public interest thattakes or restricts the private property of citizens without the consentof the property owner. Judicial review is that the court reviews thelegality and reasonableness of the administrative action of theexecutive authorities and adjudicates upon them accordingly. It is animportant means to advance lawfully administration, safeguard socialfairness and justice. This dissertation is based on the control of thejudicial review in eminent domain and drawing on two major law systems’theory and practice of judicial review. From the start of judicial review,aspects such as issue of law, issue of fact, administrative discretionand so on, it analyses and discusses the present situation of ourcountry’s intensity of judicial review in eminent domain and makes recommendations to our country’s intensity of judicial review ineminent domain.The dissertation is divided into three chapters. Chapter Ⅰ isoverview. First, take clear the definition of eminent domain that thedissertation research, namely “the power that, in accordance with thelaw, administrative authorities compulsorily take properties orrestrict the rights of properties owned by citizens, legal persons orother organizations in public interests with due compensation”.Subsequently, based on comparative analyzing the theory of judicialreview’s intensity by two major law systems, it discusses the meaningof judicial review’s intensity, involved main aspects and standard indetail.Chapter Ⅱ mainly introduces and analysis the present situation andexisting problems of our country’s intensity of judicial review ineminent domain. On a review of law issues, there exists problems likethat the external system does not straightened, the interpretation ofcourt on law issues is weak, precedent law origin status has not beenestablished and so on. On a review of fact issues, controversy existsin law trial and fact trial and the investigative power of the court onfact issues is analyzed focused. On a review of administrative discretion,there exist problems like confusion in administrative discretion anduncertain legal concepts, ineffective supervision of the abuse ofadministrative discretion and so on.Chapter Ⅲ makes recommendations to our country’s intensity ofjudicial review in eminent domain. It puts forward improvements on thereview intensity of eminent domain purposes, eminent domain procedures and eminent domain compensation. Different intensity standard should betaken respectively, comprehensive review to eminent domain purposes,legality review to eminent domain procedures and rationality review toeminent domain compensation.