Judicial Review Of Compensation Agreement For Expropriation Of Houses On State-owned Land

The agreement of compensation for expropriation of buildings on state-owned land is a common administrative agreement.As China’ s urban society is faced with a lot of tasks of order reconstruction,but the real estate value continues to increase in a stepped way,in practice,it is very easy to cause disputes caused by the agreement of house expropriation and compensation.Therefore,in practice,it is common for the expropriated people to appeal to the judicial organs for relief of their rights.Based on the dual attributes of both administrative and consensual nature of the administrative agreement itself,combined with the characteristics of the process of house expropriation and multiple stages,it is difficult and contradictory for the judicial organs to try such cases,and there are many problems in the judicial review.Therefore,through a typical case,this paper analyzes the problems existing in the judicial review of the compensation agreement for house expropriation on state-owned land,and puts forward relevant thoughts and ideas.First of all,in view of the validity of the agreement of compensation for house expropriation,the author puts forward the difference between the validity and the validity of the agreement.When selecting the legal norms for determining the validity of the agreement,the relevant provisions of the administrative procedure law shall be applied first,and the legal norms of civil procedure law shall be applied at the same time.The people’ s court may determine the validity of an administrative agreement that shall come into force after such procedures as approval by other organs,if such agreement is approved and the cause of its invalidity is eliminated before the end of the debate in the court of first instance.Secondly,in view of the issue of compensation standard in the compensation agreement of house expropriation,it is suggested that the people’ s court should pay more attention to the examination of compensation standard.In the judicial review of the compensation of the expropriated house value,the principle that the people’ s court can adopt the higher or lower standard of the compensation of the"village in the city" house expropriation is put forward.In the judicial review of the compensation for the loss caused by the cessation of business,the view of appropriate compensation is put forward for the housing which is residential in nature but actually used for operation.Finally,aiming at the problem that the people’ s court is difficult to solve the administrative dispute substantively,this paper puts forward the viewpoint that the people’ s court should play the role of mediation in such cases and solve the dispute substantively through mediation.It also proposes the possibility of mediation before litigation and advocates diversified settlement of administrative disputes.