Judicial Review On Land Expropriation Compensation Administrative Agreements

At present,the land expropriation compensation administrative agreements are widely used in the resettlement work of land expropriation compensation.This kind of administrative agreements plays an important role in the coordination of the relationship between the expropriation subject and the expropriated subject,thus makes the resettlement of land expropriation compensation can be carried out smoothly.In 2019,the Supreme People’s Court promulgated the "Regulations on Several Issues Concerning the Review of Administrative Agreement Cases",requiring judges to take this Regulations as the scientific guideline to make more scientific and reasonable rulings in the process of reviewing the lawsuits of administrative agreements.The promulgation of this Regulations has certain guiding significance for courts to review land expropriation compensation administrative agreements.Since land expropriation compensation administrative agreement is essentially a mixed contract,the "Contract Theory" is used as the idea of its judicial review.However,there are still some problems in judicial practice.On this basis,in this paper,the methods such as literature research,case analysis,and comparative study are used to analyze the current status of courts’ review of lawsuits of land expropriation compensation administrative agreements,and the existing problems are expounded according to the analysis of current status.1)the courts use different invalid applicable standards and mechanized proofs when reviewing such agreements;2)circumstances applying to revoke land expropriation compensation administrative agreements are too indistinct,and public interests are difficult to maintain;3)it is difficult to apply the "abuse of power" when the courts rule to re-perform the administrative act,and the courts have cognitive disturbance to the determination of "obviously inappropriate".Through the analysis of relevant cases and the combination of existing legal norms,it is believed that the following measures need to be taken during court review.Firstly,the applicable legal norms should be unified and the burden of proof should be allocated according to different types of lawsuit.Secondly,public interests must be protected to ensure the realization of administrative management purpose.Finally,it is necessary to promote the study of vague statutory situations,grasp the scope and standards of statutory situations through the guiding cases of the Supreme Law,and strive to resolve disputes legally and reasonably,and make the judicial review of land expropriation compensation administrative agreements more perfect.