Comment On Cancellation Of Housing Expropriation Compensation Agreement Case Of Mr.wei Sued The Collection Bureau

Housing expropriation compensation agreement is the most common type of administrative agreement.The rationality of the agreement is directly related to the fundamental interests of the expropriated.To some extent,with the implement of regulations on the expropriation of houses on state-owned land and compensation therefor,the contradiction between the government and the expropriated is alleviated.But it cannot solve all the problems in judicial practice,and some supporting laws and regulations are not sound.When the court tries the administrative expropriation compensation agreement case,usually takes the legality examination as the focal point,but does not pay enough attention to the appropriation compensation amount rationality examination.The particularity of the subject of administrative expropriation compensation agreement lies in the incomplete equal legal status between the administrative organ and the person to be expropriated.At present,China has not issued a unified administrative procedure law to clearly stipulate the rules for the exercise of the right of administrative priority so as to prevent the abuse of power by administrative organs.Therefore,when reviewing such cases,the court' s judicial review of the right of administrative priority needs to be improved.Finally,the administrative procedure law,for the administrative organs to cancel the housing expropriation compensation agreement after the loss of reliance on the loss of compensation or compensation rules do not have clear provisions.In combination with the above problems,this paper selects a typical case about a compensation agreement,from the house acquisition case court review the rationality of the compensation agreement amount and the legitimacy of the administrative authority to cancel the behavior review,this paper through the analysis of the controversial issues,put forward in the future judicial practice should include the standard of judicial review of administrative levy compensation agreement.Not only the legality of the agreement should be examined,but also the rationality of the compensation amount in the administrative expropriation compensation agreement should be strengthened,and the protection rules of the loss of trust interest caused by the exercise of the administrative priority right should be strengthened.Through the perfect judicial review rules,the legal rights and interests of the expropriated can be guaranteed to the greatest extent.and it can also provide a strong guarantee for the administrative organs to reduce unnecessary disputes in the process of house expropriation and successfully and legally complete the expropriation.