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Research On China Judicial Compulsory Relocation

Posted on:2014-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2256330425965754Subject:Administrative law
Abstract/Summary:PDF Full Text Request
City housing relocation system in our country has more than20years of history, in the process of house demolition, as between public power and private rights is difficult to balance the interests, there comes many contradictions and disputes. To some extent, the product game current judicial forced removal system is public power and private right, it is also in the process of the housing levy gradually developed to solve a means of compensation houses on the state-owned land. House expropriation on state-owned land into judicial ruling mechanism compensation, system designers want to supervise and restrict the administrative power through legal means, let the private rights more fully guarantee. However, since the promulgation and implementation of " state-owned land on the housing levy and Compensation Ordinance", from the judicial practice of compulsory relocation, the relocation of judicial enforcement effect system design did not reach. Therefore, this article mainly from the perspective of judicial practice, starting conditions, forced removal of China’s judicial standards of review, review procedures and problems in the operating procedure of analysis, aims to find the effective solution to the forced relocation of judicial practice process of the solution to the problem.The main part of this paper mainly consists of three parts. The first chapter is the theoretical interpretation, judicial forced removal system firstly, briefly introduces the concept and characteristics of judicial forced relocation, and compared with other similar concepts, found the superiority of judicial forced removal system from; secondly, from the legal provisions, application system, examination system and execution system and so on, on Judicial Compulsory relocation system construction are elaborated; finally, the legal basis of judicial forced relocation of the analysis, lay the theoretical foundation for the following research aimed at.The second chapter mainly from the laws, regulations, judicial review level and level of compulsory execution layer facing the present situation of our judicial forced removal system of objective description, combining legislation and the judicial practice compulsory relocation situation found problems in practice, the existence of judicial forced removal system operating in the process of problem analysis, aims to present the compulsory move on China’s judicial review.In the last chapter, mainly from the legislation and practice two aspects to propose several suggestions to perfect our judicial forced removal system:first of all, from the legal, regulations of the angle and the personnel of the financial system point of view, this method improve the precondition of judicial compulsory relocation; secondly, from the point of view of the standard of judicial review and judicial review procedure angle, find the methods to perfect our judicial forced removal of judicial review system; finally, combining with the implementation of the main responsibilities, the implementation of procedures and remedies and other factors, to perfect our country’s judicial compulsory relocation execution measures. To sum up, the author expected the improvement suggestions mentioned is helpful to further improve China’s judicial forced removal system.
Keywords/Search Tags:the judicial forced relocation, judicial review, compulsory execution, relief way
PDF Full Text Request
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