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Research On The Mechanism Of Implementation In Compensative Agreement Of Expropriation

Posted on:2015-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q ShiFull Text:PDF
GTID:2296330467467831Subject:Constitution and Administrative Law
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According to the provisions in House Expropriation on state-owned land andCompensation Regulation, the property and function of compensative agreement ofexpropriation transforms, but it doesn’t accordingly adjust the mechanism of implementation.Compensative agreement of expropriation act as a kind of administrative contract, theregulation doesn’t provide any administrative contract privilege in the fulfillment process, itjust provide that when the agreement doesn’t be executed,only the way of judicialproceedings path to resolve the dispute can be allowed. When compensative agreement ofexpropriation doesn’t be executed, Housing Levy Department doesn’t have other effectiveway except resort to courts to prompt the fulfillment of obligations of relocation. It doesn’tconform to the motive of applying compensative agreement of expropriation which aimed tothrough house owner’s voluntary fulfillment of obligations of relocation to accomplishlevying mission rapidly. Therefore, the Regulation’s provision of the mechanisms ofimplementation of compensative agreement of expropriation exist flaw on Lack ofenforceable force. Thus, taking into account of the fact that the compensative agreement ofexpropriation in essentially to be a kind of flexible administrative mode based on negociation,which aims to improve the acceptability and participation among house owners, to avoidprolix judicial proceedings when compensative agreement of expropriation doesn’t beexecuted, it requires to build a mechanism of enforceable execution in the agreement toaccomplish levying mission rapidly. This article bases on the analysis of the drawback inmechanism of implementation of compensative agreement of expropriation, as well as thetheoretical reflection of its enforceable force, and draws a conclusion that to perfect themechanisms of implementation in compensative agreement of expropriation, we can drawlessons from comparative study of the legal system in Germany and TaiWan province.This article composed of four parts:The first part is the foundation of argumentation in this article. It discusses the change inthe provisions on mechanism of implementation of compensative agreement of expropriation,as well as the problem existed. Firstly, bases on the analysis of section25in HouseExpropriation on state-owned land and Compensation Regulation, it draws a conclusion thatthe property and function of compensative agreement of expropriation transforms. Secondly,in the contextual of administrative contract, it discusses the theory reflection about the change. Then, it puts forward the problem existed in system dues to failing to adjust mechanism ofimplementation.The second part bases on the property and the function of compensative agreement ofexpropriation, which substitutes compensative decision of expropriation. It primarily analysisthe conflict between mechanism of implementation of compensative agreement ofexpropriation and application of agreement to accomplish levy mission rapidly, namely thelack of enforceable force, and draw a conclusion that it necessary to building a mechanism ofenforceable execution. Then, it discusses the issue that which way can be adopted to buildsuch a kind of mechanism of enforceable execution.The third part studies the mechanism of submitting to immediate enforcement inadministrative contract of Germany and TaiWan province, and draws implications for china.Through observing in a method of comparative law, it introduces provisions of the mechanismof submitting to immediate enforcement in administrative contract of Germany and TaiWanprovince. And, in the situation of institutional norm, it comments institutional foundation,property, and procedure of execution of the mechanism of submitting to immediateenforcement. It draw a conclusion that compensative agreement of expropriation is similar toadministrative contract of Germany and TaiWan province, therefore, to construct themechanism of submitting to immediate enforcement in compensative agreement ofexpropriation is practicable.The fourth part is the conclusion of this article. It demonstrates how to draw from themechanism of submitting to immediate enforcement in administrative contract of Germanyand TaiWan province to solve the problem of mechanism of implementation of compensativeagreement of expropriation. Its main content is about how can we construct the mechanism ofsubmitting to immediate enforcement in compensative agreement of expropriation, settingprocedures after such mechanism be constructed, and the procedure of execution.
Keywords/Search Tags:compensative agreement of expropriation, administrative contract, mechanism of implementation, mechanism of submitting to immediate enforcement
PDF Full Text Request
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