Research On Administrative Compensation Standard And Burden Of Proof In Illegal Demolition

With the development of urbanization,the phenomenon of demolition can be seen everywhere,so it is very important to deal with the relationship between the dismantled person and the dismantled person.The demolition that we often refer to in life is actually for the state-owned land,for the collective land rural homestead this kind of demolition,should be called expropriation is more suitable.When it comes to house demolition,the first thing to think about is resettlement compensation.Before the demolition behavior occurs,the dismantled person will reach a settlement compensation agreement with the dismantled person,which is the legal procedure for the dismantled person to be compensated and resettled,and even if the dismantled person suffers from loss of interest,he can also request compensation.At present,the compensation for demolition has been fully discussed in our country,and there are also laws and regulations to protect it.The problem discussed in this paper is administrative compensation cases caused by illegal demolition.In actual life,the subject of demolition is complicated,and there is usually a third party involved.This phenomenon will lead to the separation of administrative execution power and execution behavior.Whether the subject of demolition is fit or not determines the determination of the obligation of compensation when the person is asked for administrative compensation.The reason of illegal removal is usually due to the illegality of the procedure.The demolition person and the dismantled person enter the stage of compensation negotiation,and the house is forcibly demolished before a compensation agreement has been reached between the two parties.After the illegal demolition,the compensation claimant gets the compensation through the administrative compensation lawsuit,however,in the judicial practice,the claim is not satisfied.At present,there is no special law on the behavior of demolition in China.When there is an illegal demolition petition for compensation,it is based on the provisions of the State compensation Law,but there are many imperfections and imperfections in relation to illegal removal cases.From the angle of view of three administrative compensation cases caused by illegal demolition,this paper analyzes the standard of administrative compensation and the burden of proof in the case,hoping to arouse the attention to this problem and to obtain further unity in the judicial practice.The paper is divided into four parts,the contents are as follows:The first part is the introduction.This paper introduces the origin of the topic,briefly combs the current research situation,expounds the problems existing in illegal demolition cases,hoping that these problems can arouse enough attention,and then elaborates the research methods used in this paper.The second part is introduced by three administrative compensation cases.Through the analysis of the case,the author compares the judgments between different courts in the same case and the different judgments obtained by similar courts,and sums up the dispute focus of the refining cases.The focus of disputes in the case is identified as the standard of administrative compensation and the burden of proof in the case of illegal demolition.The third part first analyzes the issue of administrative compensation standards in illegal demolition cases,focusing on the principles of liability and the legal basis of compensation standards.At present,our country adopts the comfort compensation standard.The standard has been unable to reflect the current situation of our country,failed to fully protect the interests of the claimant,the scope of compensation is too narrow.The problem of insufficient legal basis for compensation standards is imminent now.In judicial practice,it is based on the settlement compensation scheme or the evaluation report of appraisal institutions,but the application of the two is also in a state of confusion.The judicial application of the two has not been further standardized.Then it analyzes the burden of proof in the administrative compensation of illegal demolition cases.First of all,plaintiff's conduct of evidence is characterized as the burden of proof,and further analysis of the burden of evidence.In view of the fact that the list of compensation is different in the case of plaintiff,this paper analyzes the inconsistency of the proof degree of plaintiff's evidence behavior,and then analyzes the premise of the inversion of the burden of proof and the inversion of the burden of proof in this kind of case.In view of the fact that the list of compensation is different in the case of plaintiff,this paper analyzes the inconsistency of the proof degree of plaintiff's evidence behavior,and then analyzes the premise of the inversion of the burden of proof and the inversion of the burden of proof in this kind of case.The fourth part is the conclusion and suggestion part of the article.According to the analysis of the focus of the dispute in this paper,the author draws his own conclusion.The author thinks that our country should adopt the compensatory compensation standard.In the application of the compensation standard,we should make clear the priority problems of the compensation plan and the evaluation institution,consider the application of both comprehensively,and make up the loss of the claimant in a more comprehensive way.On the issue of burden of proof,we should make a qualitative analysis of plaintiff's behavior of putting forward evidence,and put forward the responsibility for the evidence in the burden of proof,and analyze the extent of the evidence put forward by plaintiff should not only rely on the judge's inner judgment,but should have an objective standard.The conditions of inversion of burden of proof in cases are analyzed and summarized in order to solve similar cases better.Finally,the author puts forward his own meager suggestions for the imperfection in the focus of the dispute.