Research On The Legislative Issues Of Judicial Enforcement System Of Forced Evictions

Regulation on the Expropriation of Buildings on State-owned Land and Compensation isconsidered as a progress of system which blocks violent demolitions by judicial means, alegal basis for preventing the violent demolition, in which the regulations on relocation byjudicial enforcement are the highlights. The intention of granting the decision-making powerof relocation by enforcement to the courts is to keep the implementation in relocation orderedand fair by the judicial neutrality. It has great practical significances for balancing the interestsof both sides in levied activities, resolving collection disputes, and promoting social harmony.The implementation system of relocation by judicial enforcement in implementation just didnot reach the expected effect to guarantee the legitimate rights and interests of the people tobe levied, and in the practice areas of housing levy, the numerous vicious incidents and thecircumvents of the new regulations have occurred. In this paper, with the Regulation on theExpropriation of Buildings on State-owned Land and Compensation, Several IssuesConcerning the Handling of Cases for Application to the People’s Courts for CompulsoryEnforcement of Decisions on Compensation for Expropriation of Buildings on State-OwnedLand combined with the practice and introduced by the Supreme People’s Court, we induct,compare and analyze the local laws and regulations of housing levy in various places witheach other, then reflect on the problems of the implementation system of relocation by judicialenforcement.By summing up the local relocation cases and the more influential relocation events, itsays that the implementation system of relocation by judicial enforcement could be improvedin many aspects. Taking into account the Diversity and complexity of levied events, bysorting out legislative issues of the implementation system of relocation by judicialenforcement, we point out the loopholes and problems in it, and deem that the keys arenon-uniform rules for the operation; unclear responsibilities of the implementing subject; thereview specification of the decision of relocation by enforcement missing; generalized theexecution modes; and the lacks of effective oversight mechanisms and relief channels. Herewe intends to start from the practical level and make legislative proposals on the specificdetails of the implementation of relocation by judicial enforcement to deduce the differencesand disputes of the law and regulation applications, to strive to ensure the effectivefunctioning of the implementation system of relocation by judicial enforcement, to practicallyand effectively guarantee the right and interest of the citizens, and to norms levied activities.