Research On System Of Relocation By Judicial Enforcement

In recent years, with the rapid development of china economy and the advance of theurbanization, urban housing expropriation in economic construction is used more andmore frequently, which the social contradictions in expropriation and demolition arebecoming more and more serious. Urban housing expropriation is mean to improvepeople’s housing conditions, reconstruct the city and to improve the urban environment.On January19,2011, the Regulations on Expropriation and Compensation of Housing onState-owned Land ("the Expropriation Regulations2011") was promulgated at the141thExecutive meeting by China’s State Council, and became effective On the same day,replacing the Administrative Regulations on Urban Housing Demolition andRelocation("the Demolition Regulations2001") which was adopted on June6,2001. Oneof the highlights in the Expropriation Regulations2011is that the demolitions bygovernment’ conduct was replaced by compulsory expropriation through judicialprocedures. Its legal connotation "Urban Housing Demolition enforceable rights exercisedby application only by the court." The regulations expected that a protective system can beprovided by the judiciary fair justice the housing demolitions system to protect theinterests of the demolition, and to minimize the risk of the imposition of the demolitionprocess.By collecting the practice for more than a year since the ExpropriationRegulations2011has been promulgated, the implementation of the new system hasn’treach its expectation. since the Government’s Ability can be limited by judicialauthorities，the compulsory expropriation through judicial procedures make a progress.The follow-up issues focused on such as how to make ensure that the court is neutralityand impartiality in the enforcement process, and how to ensure the implementation of the program’s specifications, are discussed and studied by this paper.This paper tries to understand the system from the history of housing demolitionssystem evolution, and introduce the details in the Expropriation Regulation2011. Thispaper also will discuss the shortcomings of the Expropriation Regulation2011withanalysis the current status after its implementation.