The Study Of Judicial Review For The Principle Of Fair Compensation Applied To The Expropriation Of Buildings On State-Owned Land

Since the state-owned land on the housing levy and compensation ordinance To write fair compensation principle into the law,increasing the heat of the research on the academic and practical circles,but many studies have not entered the abstract concept,but to make it more confusing Court in the face of flowing into the collection of compensation cases,urgently need to be derived from the trial case fair compensation principle of justice applicable standards,regulate the behavior of tax authorities in a unified the referee scale,maintaining the legitimate rights and interests expropriate.Released by the supreme people's court on the demolition and relocation of 10 cases with the provincial court issued a compensation typical cases,the court to explain the principle of fair compensation can be found and review mainly from two directions ? First,fair,the content of the compensation entity mainly review the compensation scope in the determination of compensation,compensation standard,compensation mode is in compliance with the provisions of the law,whether meet the requirements of the principle of fair compensation is in line with the administrative legality,the principle of administrative rationality.In the recognition of the compensation standard,the court mainly reviews the value evaluation of the housevalue and the value of the values in the evaluation of the property values.Review is about the way compensation embodies the comprehensive protection of the court to the right of fair compensation,the court not only from the formal review two expropriated impose compensation to decide whether to give compensation mode choice,more on the content of the compensation mode to carry on the substantive examination.Second,the court through the study of the fairness of the compensation process review,involving housing selection,assessment evaluation institution and the identification of nature of houses and review on the procedural issues,such as,embodies the justice to be a person has the right of fair compensation and all-round protection.Relevant case highlights the principle of fair compensation,which is the core of the acquisition and compensation system to the rules established by the followed in the concrete system,will comprehensively applies to the activity of house acquisition and compensation practices.Compensation program itself is part of the principle of fair compensation,no fair and impartial compensation process is fair compensation as a result,the compensation procedure to the attention of a court to ensure fair compensation fully realized.Through judicial experience summary to see houses on the courts to promote state-owned land acquisition and compensation standardization activities,the government by law development effort,you can see a fair compensation principle through case verdict has obtained the effective extension,the court in the case of both the maintenance of the legitimate rights and interests expropriated and the realization of the interests of the public,has obtained the good social effect.There are still many problems in reality,however,need further research and improvement,in order to better realize fair compensation in the urban house acquisition,maintain social stability,order,fairness and justice.