Research On Compensation For Illegal Demolition In The Process Of Expropriation

With the rapid development of my country’s economy and the continuous advancement of urbanization,the demand for project construction land continues to grow,and the government needs to provide a large area of land for economic construction through administrative expropriation.During the expropriation process,they should strictly follow the Land Management Law,the Regulations on House Expropriation and Compensation on State-owned Land,and the principle of“compensation before relocation”,and the land or house of the expropriated person shall be compensated and demolished in accordance with legal procedures.However,in fact,some administrative agencies did not perform the legal expropriation procedures during the administrative expropriation process,and forced to demolish the houses of the expropriated persons themselves.This demolition violated the principle of legal authority and due process.Illegal forced demolition causes property losses of the expropriated person,thus triggering the issue of compensation for illegal forced demolition damages during the expropriation process.As the "Administrative Litigation Law" and the "State Compensation Law" are not clear about evidence provisions,scope of compensation,compensation standards and other related provisions,there is uncertainty in the judge’s understanding of the law when determining the plaintiff’s property losses and the amount of compensation.In order to solve the problem of uncertainty in the trial of such cases,this article uses analysis methods such as case and literature to explore the way to solve the problem.Studying these issues is conducive to supervising the administration of the administrative organs according to law and preventing the repeated prohibitions of the illegal forced demolition of the administrative organs,and gradually exploring and solving the contradictory relationship between the administration according to the law and improving the administrative efficiency;effectively protecting the legal private property and promoting the administrative compensation system for the demolition.People’s effective relief,and efforts to properly resolve administrative disputes;further promote the unity of judicial judgment standards,thereby establishing judicial authority.The first part of the article leads from an administrative compensation case to the related issues studied in this article,that is,the provisions of evidence,the scope of compensation,the standard of compensation,and the discretionary power of the judge.The second part introduces and reviews the concepts and theories involved in the above problems.The third part analyzes the problems of imperfect evidence regulations,unclear boundaries of the scope of compensation,insignificant disciplinary effects of compensation standards on administrative organs’ illegal demolition,and inadequate reasoning when judges determine the amount of compensation.The fourth part proposes ways to solve problems such as perfecting evidence regulations,determining the scope of compensation,punishing administrative organs for illegal demolition,and regulating the discretionary power of judges.