Talking About The Law Difficult To Implement Take "State Owned Land On The Housing Levy And Compensation Ordinance" For Instance

Under the framework of legal practice situation, this article aims to explore how to betterrealize the legislative purpose, but the law is a huge issue, must be combined with the actualexamples to avoid being too huge and empty. Therefore this article selects the state-ownedland on the housing levy and compensation ordinance (hereinafter referred to as the levy andcompensation ordinance) as the study object. Select the rules as the research object, becauseafter the acquisition and compensation ordinance enacted, looking forward to the legal effecthas not come, housing demolition malignant events still emerge in endlessly. These problemscause our thinking: how to effectively realize the legislative purpose, how to prevent similarincidents from happening.This article embarks from the legislation, law enforcement, judicial three aspects,analyzes the acquisition and compensation ordinance issues during implementing process, andthen in view of the problems puts forward the concrete Suggestions, in order to solve theregulation is hard to get good on this issue. The legislative defects of levy and compensationordinance is it difficult to get good implement of prerequisites, have the following: houseacquisition decision making for public interests standard definition is not clear; A decision toreason and public interests standard exists contradictions; Neglecting the house acquisitionlegal relationship in the other’s legitimate rights and interests; The compensation inadequateexpropriated, etc. And the levy and compensation ordinance has not been effectivelyimplemented, problems appeared in the process of law enforcement is also an importantreason, there are the following: local government initiative to promote a variety of reasons oracquiescence of violence;"illegal construction demolition", demolition of illegal structureswere deliberately misuse and abuse; Law enforcement law enforcement ability has notreached the requirements of law enforcement in accordance with the law, civilized lawenforcement, etc. Judicial reasons include:"judicial evictions" violation of administrativecompulsory execution theory; The court’s trial interference independently;"Don’t stop theprosecution" principle in the administrative litigation which is unfavorable for the protectionthe rights of the expropriated, etc.Questions about the legislative defects, the first to clearly define the connotation of the"dangerous house, poor infrastructure", namely "the dangerous house concentration" shouldbe the dangerous house construction area accounted for more than half of the construction area of the region and beyond a certain floor of building area, and transform the distributionof the decision to be a man. Secondly, the standard of public interest to be refined, referring tothe utilitarianism of Bentham, when deciding whether to impose house levied on decision ofpublic interest caused by the increase and the ratio between the losses from the expropriatedrelations, and set the house decided to program into a "government decision, the NPCstanding committee review" mode. Finally, the compensation principle of the expropriatedinstead of complete compensation principle, not only the direct loss and indirect losscompensation, compensation to compensate the economic loss and non-economic loss notonly, also not only compensate the economic loss compensation spiritual loss. About theproblems arising from the law enforcement process, first should do is to eliminate the ultimatecause of local government support evictions, namely change the "land finance" events of thereality, the demolition into the examinational content of government officials, in this way canwe wipe out the local government condones violent demolition of the soil. In addition, lawenforcement, also can be improved and the following: regulating the behavior of demolitionof illegal structures; Establish special evictions enforcement agencies; Raising the level of lawenforcement in law enforcement, etc. About the problem of errors occurring in the judicialrelief, the first to establish a kind of is not in violation of the legal system of the theory ofadministrative compulsory execution housing evictions, the demolition of the powers andduties still belongs to the government, but the exercise of power is restricted by the court. Inaddition, should take measures to ensure that the court will independent trial, this is a bigtopic, slightly involved in this paper. Finally in the dismantlement administrative lawsuitestablishment of suspended prosecution system, it can avoid the government to avoid thecourt forced demolition of implementation.