Research On Compensation For Illegal And Compulsory Demolition In Administrative Expropriation

The affair of levy and demolition is related to the economic and social development,the city planning and construction,citizen's well-being and security tightly.To run a law-based regime,promote the country regulation,and modernize administers' ability comprehensively,it is required the executive department to embrace the legal stereotype and methodology,obeying the process legally,carrying out the requirements of strict,standardized,fair and civilized law enforcement into the whole process of levy and demolition activities.The regulations of Chinese already confirmed that the state can could expropriate collectively owned land,the houses of units or individuals,other immovable property or the houses of units and individuals on state-owned land according to law for the needs of public interests,and could be given the fair compensation.In addition,relevant regulations also stipulated clearly about the administrative organs how to organize the levy,demolition,compensation,and implementing the forced relocation from the aspects of entity and procedure.Nevertheless,with the accelerated urbanization,the affair of administrative organs illegally forced the demolition of requisitioned people's houses during the process of law enforcement were repeated emergence,which result in severely jeopardizing the victim's legal rights and interests.Vice versa,it leads to the courts must deal with the enormous numbers of cases of illegal forced demolition and compensation that caused by land and house expropriation.Due to the legislation was relatively vague and lagging,it could not provide a specific instruction to the court to tackle the compensation cases of illegal forced demolition in the administrative expropriation,which leads to the consequence of judging standards differentiation,included the scope of compensable damage,mode of compensation,calculation standard of specific compensation and distribution of burden of proof.At present,the legislation of compensation of our state fails to reflect the punitive to the administrative organ's illegal forced demolition.Some courts even miss-identified the differentiation of legal compensation and illegal compensation,which did not provide supports the victim to get relief through the state compensation procedures,and had a negative implication of un-reasonably and un-fairly compensated,also failed to effectively promote the administrative organ's expropriation and demolition according to law.Hence,the author would intend to summarize and analyze the problems of compensation of illegal forced demolition in the administrative expropriation based on the current regulations and the factual cases of the expropriation and demolition compensation of our country,and then attempt to put forward the corresponding countermeasures to promote the classification of compensation responsibility of illegal forced demolition,so as to maximize achieve the function of remedy and restriction of state compensation,and hoped that the illegal forced demolition could be prevented and controlled efficiently and promote the law-based administration of administrative organs.