The Reserch Of Lawsuit About Taking And Compensation Of Property On State-owned Land

After the enactmentof“the housing taking and Compensation Ordinance on the state-owned land”, the administrative takingtakes place of the old demolition system, becoming a new legal regimeof urban construction. The existing regulations has groundbreaking progress, but there are also some shortcomings, many problems revealed in practice. The so-called no relief equals to no rights. Only under perfect relief proceedings, can regulations be fully implemented, the legitimate rights and interests of the expropriated peoplevigorously protected, and the public and private interests can also get what they want. Therefore it has great significance for the study of the issues of the housing taking and compensation litigation on the state-owned land. The main content and purpose of this article is that the nature,the cause, the party, the judge result, the objects of review, the focus of controversy and the like of the housing taking proceedings can summarized, through research on the theory of the housing taking litigation trial practice and administrative expropriation and administrative litigation. Based on that, it can guidethe expropriated people to learn how to protect their legitimate rights and interests through the housing taking proceedings, the recipient how to regulatetheir expropriation according to the legal procedure in order to avoid the risk of losing the litigation and simultaneously the court what should be concerned about the main points during the trial of house expropriation proceedings, and what appropriate judge should be made on basis of what circumstances it is.The paper is developed in the logical structureof “theoretical research- analysis of the problem- to solve the problem” by using the method of case studies and literature research. Its main point is as follows:The first part outlines the housing taking litigation. It confines the concept and feature of administrative taking through the research of the theory and comparative law of administrative taking. On top of that, it analyses the property and feature of housing taking litigation, which is caused by administrative taking, and it also deals with the problem of trial object and review scope of housing taking litigation as the administrative litigation. Then the type of housing taking litigation is elaborated, determining the litigation of compensation and collection decision as the main subject. Finally, through summary analysis of several cases of housing taking litigation,which is collected from 2013 to 2015,arriving at the problem of the focus, which is concerned when the current housing taking litigation is in progress, and the public service requirements involved in the case,which will be detail analyzed and solved.The second part is analyzing procedure rules of the housing taking proceedings. It probes into what influence of the new rules will have on the housing taking litigation in combination with the enact of the Administrative Procedure Law. In combination with trial practice, it will analyze the subject qualification requirements when the housing taking proceedings is filed, the court of what grade and from where is possessed of jurisdiction. At the same time, it will discuss the lawsuit should be filed in how-long period of litigation, how long the trial time is, and how the burden of proof should be allocated in both parties as well as what proof the both parties will put forth. Moreover, it will illustrate in example what adverse consequences it will lead to if the both parties ignore the litigation procedure.The third part is the analysis ofthe examination of people's court in hearing the case on the legality of expropriation made on administrative procedures. In combination with the provision of taking and Compensation Ordinance and the trial practices of the cases, the paper will card a set of administrative procedures that people court will examine in lawsuit. The procedures are from the early planning process and Housing investigation and registration proceduresto the prepared procedure oftakingand compensation scheme decision before the taking decision is made, hearing procedures, social stability risk investigation procedures, and also to the real estate appraisal procedures in the decision of taking and compensation. In virtue of analyzing each specific form reviewed in the proceedings of every administrative procedure, guiding the expropriated how to challenge the legality of administrative procedures, and which circumstances will be determined illegal in procedure by People's Court in example.The fourth part is the analysisof the entity's examination on taking people's court expropriation made.The legal review directing at expropriation proceedings is whether the collector is based on public interest and the legal review aiming at the compensation decision is whether the collector give the people who is levied fair compensation in the compensation decision. The analysisof this part is mainly made through directly analyzing cases, using seven cases to respectively illustrate the standards of the entity legality under five different situations.