The Study On Judicial Compulsory Demolition System In China

In the newly issued “State-owned Land on the Housing Levy and Compensation Ordinance”,judicial compulsory demolition replaced administrative enforcement of the removal of urbanhouses. Since then, it has triggered a hot discussion whether judicial compulsory demolition canresolve the frequent-happening violent and brutal housing demolition, which has become a focusin the public. The change in the new ordinance is obviously a great improvement in thedevelopment of housing demolition system. However, it also brings about many new problems,when people’s courts deal with administrative proceedings cases involving housing demolition andcompensation. This article is to trace the source of this judicial system in city housing demolition,tell apart their relationships and give a clear comprehension of its purpose by analyzing itsjurisprudential conception, contents, problems existing and improvement.This thesis is divided intofour sections.The first chapter is about relevant fundamental theories involving judicial compulsorydemolition, mainly including the origin, nature development and value of judicial compulsorydemolition, the its comparison with related judicial systems and clarifies its intension and extension.The second chapter explains the contents of judicial compulsory demolition and its judicialevolution to show the real significance of existing judicial compulsory demolition.The third chapter analyzes the existing problems of judicial compulsory demolition, based onchapter two. It can be divided into two parts as the legislation and practice, with the view torelevant laws and practices.The fourth chapter focuses on the suggestions about the improvement of city housing judicialcompulsory demolition in China, including how to perfect relevant judicial system and act thecourt to the fullest in this course, which extends to the basic ideas of the “separation of judicialdecision and enforcement”.