Research On The Subject Matter In "Judicial Demolition"

From 1999 to 2010,local people's governments at various levels,as the pillars of land acquisition and house demolition,were implemented by the government and its related functional departments from decision-making to implementation.This regulation presents many problems.The government's large-scale demolition has brought great harm to the demolished people.Administrative violations have occurred from time to time.In addition,the relative rights and interests of the relatives cannot be relieved.With the revision of the Regulations on the Expropriation and Compensation of Houses on State-owned Land in 2011,the 'administrative demolitions' led by the executive authorities were transformed into 'judicial demolitions' led by the people's courts,and the final decision-making power and enforcement power of forced demolition were handed over to the people.The court,which is considered to be a major advance in the development of house demolition and relocation on state-owned land in China.However,as a judicial organ,the court is overwhelmed by the daily trial work,and the 'judicial demolition' is handled by the court from the review decision to the execution.The court has practical difficulties in the implementation of land expropriation and demolitions that require a large number of people to participate.Especially in the aspects of personnel,materials and law enforcement capabilities,the courts in the implementation stage are in a dilemma under the 'combination of trial and error' ?mode.This paper mainly analyzes the status quo in practice from the perspective of the division of powers and cooperation between the various subjects in the 'judicial demolitions' and on this basis,clarifies the division of labor and cooperation between the various subjects in the "judicial demolition" The implementation of the rational and effective inter-subject cooperation in China's current national conditions is of great significance to how to achieve efficient,orderly and impartial implementation of forced demolition.After the reform of China's demolition system,China's current 'judicial demolition' is dominated by the people's courts.However,there are still many problems in the forced demolition that cannot be satisfactorily resolved.Especially in the process of implementation,the handling of inter-subject relations directly affects law enforcement.Legal effects and social effects,and the purpose of this paper is to analyze the problem of cooperation between the subjects,combined with the 'deviation and separation' mode of forced demolition mode implemented in some areas in practice,and some scholars' views on the premise of review and execution separation when the new regulations are revised.Explore the perfect suggestions for subject collaboration.Through the research and discussion on the system of judicial forced demolition,the author analyzes the subject of 'judicial demolition' in China.Firstly,based on the relevant provisions and background of China's 'judicial demolitions',the basic theoretical research is carried out on its subject.Secondly,through the analysis of the status quo and problems of the subject in the judicial demolition" in practice,the main body's responsibilities at the present stage are further clarified.It is in line with the significance of the new model 'trial separation' under the current national conditions.Finally,by combining the difficulties in practice,it is summarized and summarized in the execution of 'judicial demolitions' to determine the mode of cooperation between the subject and the executive body in line with China's reality.It is hoped that through the research of this paper,the problems existing in the examination and execution of the 'judicial demolitions' in China will be presented.On this basis,the proposals for cooperation among the various subjects under the judicial forcible demolition in China will be proposed to promote socialism in China.The reform of the forced demolition system is under the rule of law system.