A Study On The Justice Rules Of Expropriation Compensation Agreement

Second session of the Eleventh Meeting of the NPC Standing Committee voted through November 1,2014 "Decision on Revising Administrative Procedure Law>" and President Xi Jinping signed Presidential Decree No.15 to the public. "People's Republic of China Administrative Procedure Law" completed the first modifications since 1989 promulgated the changes can be described as eye-highlights in many modifications in administrative. The most direct expression, the new "Administrative Procedure Law" Article 2 changes from the "specific administrative act" to "administrative action". That means, any citizens, legal persons or other organizations believe that as long as the administrative act of an administrative organ or its personnel infringe upon their legitimate rights and interests, you can access to the courts, regardless of the specific administrative act or an abstract administrative act. Furthermore, the new "Administrative Procedure Law" Article 12, paragraph 11, "land, housing levy compensation agreements" to increase the scope of administrative litigation, has great practical significance, not only to guide the judicial practice of local courts, as well as improve our collection system played a pivotal role. However, administrative proceedings mean that the current rules for the administration of justice can be well suited for such cases it? To answer this question, we must analyze the nature of compensation for expropriation agreement, grasp its inherent characteristics; while China's current administrative litigation justice rules in-depth study; then, as an answer to the above questions.In this paper, the referee rules perspective, explore the land, housing levy compensation agreements specific judicial practice issues, it aims to improve the collection of compensation agreement judicial relief. The article is divided into five chapters:the first chapter, detailing the sources of the subject, the current research results on this topic, and research perspective and main content; the second chapter is about basic theory, the concept of compensation for expropriation of the agreement, analyzes the nature of compensation for expropriation of the agreement, at the same time introduces the concept and characteristics of the relevant rules of adjudication; The third chapter extraterritorial comparative analysis, and by understanding the different civil law expropriation compensation litigation system common law, to provide reference for the Improvement of justice rules below; the fourth chapter of the status quo, focusing on the collection of compensation agreements justice rules of the problems and causes of problems; the fifth chapter is about perfect justice rules the idea, hoping to learn from the advanced experience through extraterritorial while absorbing the concept of civil litigation.The innovation of the article is to use a unique perspective referee rules, resolve expropriation compensation agreement or actual judicial practice may have problems, in addition, in the last chapter of the Perfection of expropriation compensation agreement in writing rules for the administration of justice, creatively put forward the principle of dual review of rationality and legitimacy, and the introduction of the concept of appeal before the settlement system.