On The System Of Judicial Forced Evictions

With the unceasing advancement of new urbanization,the need to rethink the utilization right and configuration of state-owned land occurs,resulting in increasing total house acquisition and demolition of state-owned land.Due to the imperfection of the current laws,regulations and policies,the weak concept of the government in acquiring the house according to laws and regulations,together with unsafe methods in practice,disputes in house acquisition on state-owned land become more and more,phenomena of refusal to demolition occur frequently,and even violent demolition,violent resistance to demolition are still on the stage,which,to some extent,intensifies the official-people contradiction,affects the social harmony and stability,and hinders the construction of peace and ruling of law in China.The Housing Acquisition and Compensation Ordinance on the State-Owned Land(hereinafter referred to as the Compensation Ordinance on Acquisition)establishes the judicial mandatory move to replace executive evictions of house acquisition.This,to some extent,really reflects the progress of governing the country according to law.Enacted in 2011,The Housing Acquisition and Compensation Ordinance on the State-Owned Land(hereinafter referred to as the Compensation Ordinance on Acquisition)cancelled administrative evictions of housing on the state-owned land,established the legal system of forced evictions,which embodies the progress of the rule of law in our country.It is of great practical significance for the balance of interests on both parties of the housing acquisition,solution of disputes,and the promotion of civilized and harmonious acquisition according to law.In 2012,the supreme people's court enacted “Regulations on several issues about the application to the people's court for compulsory execution of housing levy compensation on the state-owned land”(hereinafter referred to as “Regulations on housing levy compensation”),and it cleared the decision of "cut of separation" as the leading mode of forced evictions on the state-owned land in housing levy compensation,and affirmed the court's neutral role in judgment and investigation.In 2015,the newly revised Administrative Procedural Law strengthened the supervision of judicial power over executive power.In the case of forced evictions,the court,as the judicial organ of public interests,supervision organ of administrative behaviors,judicial organ of personal interests,shoulders extremely important judicial duties in the process of promoting the rule of law concept.However,in the current judicial environment,when dealing with judicial forced demolition case,how the court performs judicial review responsibilities,strengthens the administrative supervision,innovates to participate in social governance,extends judicial functions,promotes the civilized and harmonious acquisition and demolition,promotes the government administrative functions transformation according to law,strengthens the construction of the rule of law government,and provides a powerful legal guarantee for promoting governing the county by law,has become one of the practical problems for the court to work hard to crack.Based on the combination of problems found in the judicial system of forced evictions and domestic violent events in demolition in other parts of China,this paper analyses problems and causes existed in our judicial forced demolition system,and proposes some suggestions to improve our judicial forced demolition system,in the hope that it can play a positive role in regulating the administrative judicial guidance,supervising government levy compensation in accordance with the law,safeguarding the public interests,guaranteeing the rights and interests of the people's livelihood,and promoting fairness and justice.