With the rapid development and continuous advancement of urbanization in our country,the conflict of interest in administrative compensation cases caused by the forced demolition of urban houses has become a point of conflict between the demolition and relocation parties.Disputes caused by forced demolition mostly occurred in the process of house demolition.The demolition and relocation of houses involves a lot of interests,a relatively long time,and the interests of all parties are difficult to balance.If it is not handled properly,it may have a negative impact on economic development,urban planning and social stability.The development of a country under the rule of law requires that house demolitions must follow legal procedures,although the law stipulates that administrative agencies must provide fair compensation when expropriating houses to be demolished,and it also clarifies the legal procedures for administrative agencies to demolish houses.However,in the practice of demolition,the government often implements illegal forced demolition to improve work efficiency,thereby causing damage to the legal rights of the demolished,and failing to provide adequate and reasonable compensation,which makes administrative agencies and houses demolition.Human conflicts continue to intensify,and when the conflicts are difficult to reconcile,they have to rely on litigation to resolve them.As a result,the number of administrative compensation cases for house demolitions accepted by the courts has continued to increase.How to standardize the demolition of houses by administrative agencies,eliminate the contradictions of demolition,and make the administrative compensation for demolition of houses play a positive role.It is related to the protection of people’s livelihood and social development.A good trial of expropriation and demolition cases tests the professional ability and level of judges.Therefore,this article mainly adopts the case study method,based on the judicial practice of administrative compensation,taking three illegal demolition cases as the entry point and combining with the current laws and regulations of our country to analyze the period from the initiation of the compulsory house demolition procedure to the conclusion of the judgment of the case.For practical issues,the disputes between the plaintiff and the defendant shall be resolved.In addition,the ambiguity in the scope of compensation,the distribution of the burden of proof,and the standard of compensation in my country’s national compensation law has led to more prominent cases of different judgments in the same case when judges try such cases,which undermines the authority and fairness of the judiciary.This article reviews and analyzes the demolition procedures,compensation standards,compensation amount,burden of proof,etc.,in order to provide ideas for judges to make fair judgments,protect the interests of the demolished,respond to the difficulties in the practice of administrative compensation for house demolition,and punish the illegal demolition by administrative agencies,To promote fair and civilized law enforcement by administrative agencies. |