| In the year of 2014,the "Administrative procedure law of the People’s Republic of China" was amended.And many scholars believe that the greatest changes are the scopes of administrative litigation expanded and the types of judgment modified.I agree with this too.In recent years,the number of cases for housing levy and compensation are still increasing in Tianjin.Plus,in our country the violent conflicts have intensified than before.The reason why administrative counterpart is trying to use violent means against the executive authorities is that they don’t have effective ways to be reliefed.The worse phenomenon indictes that after the revised of law,there are still some problems should be solved.This paper can be divided into four parts:in the first part,I analyse the concepts,characteristics and differences with the relevant system of state-owned housing levy and compensation.In the second part,in order to find out the current problems about it,I read some judgments made by the Supreme People’s Court which have publicized on its official website.Eventually,I find out the reasons are that the scopes of litigation are pretty narrow and the types of judgment are not uniform etc.In the third part,by comparing relevent law systems such as Continental law system and the Anglo-American legal system,I find some useful lessons which can be used in our country.In the fourth part,in order to solve the problems of state-owned housing levy and compensation,I compare with other relevent law and put forward some concrete measures,such as changing the legislative model of scopes about litigation,adding Preventive administrative litigation etc.In addition,the types of administrative judgments should be compared to the scopes of administrative litigation and the requests of parties.So when I propose to change the scopes of litigation,I also suggest that the types of judgments should be changed.And only in this way can the scopes of litigation match with the types of judgment. |
