Case Analysis Of Tan And Other Fifteen People Sued A District People’s Government Administrative Demolition Compensation

In 2011 January, the state-owned land expropriation and Compensation Ordinance "promulgated and implemented in our country housing," housing demolition "was officially replaced by the "housing levy", the government became the subject of housing expropriation, it also has many problems to be solved, in combination with the practice of the expropriation procedures have to be perfect, the relevant legislation is also need to improve. In recent years, city development process more and more quickly, around the old city reconstruction project construction, along with China’s land appear repeatedly. Gradually improve the system of the use right of compensation for the use, this will show the nature of land use rights in property related aspects. At the same time, the relevant consciousness be imposed in the protection of the rights the gradually increasing, be imposed on the living and life, directly affected by the impact of compensation, relocation compensation also involves the question of public interest, to the national and personal property protection There will also be a direct relationship, which requires the fastest time to establish a relatively complete system of housing levy compensation.This paper adopts the case analysis method, put forward the problem, analysis problem, problem-solving, analysisTan and other fifteen people sued a District People’s government administrative demolition compensation case, through the combination of theory and facts related to the case, and analyzes and expounds the related, proposes a series of solutions. The focus of controversy the case focused on the scope of accepting cases, whether married women enjoy and the resettlement of administrative behavior is illegal, the shortcomings of China’s current administrative act as illegal damage relief from here, laws and regulations and compensation procedures are not perfect, the compensation way too single.By analyzing the disadvantages of illegal administrative acts damage relief, proposed our country will improve the direction or suggestion. To improve the demolition administrative compensation system in China, first of all should follow the principle of equality between men and women, one of which is China’s basic national policy, has sufficient legal basis and policy basis for support. Secondly, to establish perfect the relevant laws and regulations, the country should strengthen the regulations on administrative compensation in the constitutional level, to ensure the establishment and implementation of administrative compensation system. The principle of administrative law in our country as a basic principle of administrative compensation principle, the purpose is to control and supervise the power on the part of the administrative organs. Third. The rich administrative compensation. Not only to the housing exchange and monetary compensation in two ways to be levied on compensation, you can try to let people as shareholders to be taken to the value of the housing units involved in the relocation project. Finally, we should improve the judicial remedy procedure of compensation, can take civil litigation and arbitration procedures in two ways.