An Analysis On The Case Of A Township Government Failing To Fulfill The Administrative Agreement

There are many kinds of administrative agreements in China.The Illegal building demolition administrative agreement is one of them.The administrative organ of illegal construction demolitionand the administrative counterpart enter into an administrative agreement to stipulate the demolition compensation.In this way can reduce the difficulty of illegal building demolition,digestion and removal of contradictions,benefit balance.This paper analyzed the case of a township government not fulfilling the administrative agreement of illegal building demolition,combined the merits of the case and court proceedings,discussed the application of administrative agreement on illegal building demolition.In some township government default the administrative agreement case,the township government and Chen a,Chen b signed a agreement,premised on the payment of residual repurchase fund and the total relocation fee of 415,500 yuan compensation,request Chen a,Chen b handed theirs 500 square metre building,one 800 square metre bungalow to the township government within a time limit to dismantle.And agreed not to inform others of the contents of this agreement of the terms of confidentiality.The township government failed to pay the compensation after demolishing the illegal building,Chen a,Chen b with the agreement to the court filed a lawsuit to require the township government to perform the content of the agreement.The first instance court orders the township government to perform the agreement,to pay Chen a,Chen b compensatory money 415,500 yuan.The township government refused to appeal,The court of second instance upheld the judgment that the court offirst instance paid 415,500 yuan in compensation to Chen a and Chen b.And also support the lawsuit request that the township government pays interest.The dispute of this case focuses on whether the agreement of this case belongs to the scope of accepting cases of administrative litigation,whether the agreement of this case is legal and valid,and whether the township government has the obligation to perform this agreement.This article combined the opinions of both parties of the original defendant and the specific legal problems in the application of administrative agreement to illegal building demolition in judicial practice.From the administrative agreement to determine the standard,effective rules.Whether the illegal building demolition can be applied to the administrative agreement and other issues to analyze the author's point of view:Administrative agreements may be applicable to the demolition of illegal buildings,the administrative organ may compensate the administrative counterpart with appropriate building materials by means of administrative agreement.In order to achieve an interest balance point between the public interest and the legitimate rights and interests of administrative counterparts.