Judicial Review Of Land Expropriation Compensation Agreement

Land acquisition compensation agreement as an administrative agreement widely used in land compensation and resettlement work,play an increasingly important role.The revised "Administrative Procedure Law" stresses the administrative agreement into the scope of administrative litigation.The judicial interpretation also clarifies the nature of the administrative agreement on the land acquisition compensation agreement.And the litigation costs,the application of the law,the provisions of the form of judgment can be described as a major judicial review of administrative disputes.And the litigation costs,the application of the law,the provisions of the form of judgment can be described as a major judicial review of administrative disputes,as a ruler,can not be guaranteed in the interests of the drive,the abuse of the hands of the authority,against the legitimate rights and interests of the expropriated.It is necessary to include land acquisition compensation agreement in administrative litigation in order to obtain the right of the right of the expropriated person when the legitimate rights and interests are infringed.This paper first introduces the theoretical debate on the legal nature of the land expropriation compensation agreement,analyzes the necessity and connotation of the land expropriation compensation agreement as the administrative agreement,and clarifies the nature of the administrative agreement as the logical starting point of the judicial review of the collection agreement.Secondly,the second part of this article based on the new revision of the "Administrative Procedure Law" and judicial interpretation of the judicial interpretation of the three types of administrative agreement dispute analysis,from the type of judgment,the application of law,the burden of proof,the intensity of the review,the suitability,the burden of litigation costs.Finally,the third part of this paper puts forward some suggestions on the perfection of the compensation system,including the distinction between the type of dispute,the imposition of the main body of incomplete action caused by the prosecution of "who advocates who evidence",clearly proof of the standard,unilateral change in the lifting of the agreement to do a reasonable review of the behavior,strengthen the system with non-administrative co-ordination.