Study On Dispute Judgment Rules Of Buildings Expropriation Compensation Decision

The expropriation of buildings on state-owned land is a legal procedure that the government reclaims state-owned land use rights and compensate the original right holders for public interests.The procedural and physical protection of the legal rights of the expropriated persons and the protection of compulsory expropriation activities are the institutional objectives of the procedures for the expropriation of buildings on state-owned land.The case shows that the focus of the issue of expropriation compensation decision dispute lawsuits in judicial practice mainly concerns the scope of the court,the validity of the assessment report,and the compensation to the expropriated persons.The court’s ruling on disputes over expropriation compensation decisions mainly revolves around these three aspects.In respect of the scope of the court,the decision on the expropriation should be reviewed selectively;If the expropriated person objects the legality of the expropriation decision and the expropriation decision is still in the litigation period,the court needs to review the legitimacy of the expropriation decision.If the expropriated person does not object to the legality of the expropriation decision,the court does not need to review the expropriation decision,regardless of whether the expropriation decision is still in the litigation period.The principle of comprehensive review should be adhered to for the compensation plan.In the review of the validity of the assessment report,if the expropriated person disputes the validity of the assessment report before the litigation,the court should conduct a substantive review of the validity of the assessment report.Otherwise,it is not necessary to review the validity of the assessment report.In evaluating the relationship between the validity of the report and the validity of the expropriation compensation decision,if the assessment report only has procedural features that can be corrected,it is not necessary to deny the effect of the expropriation compensation decision.When the legitimacy of the expropriation compensation decision is negated because the assessment report is illegal,the decision not to revoke it should balance the relationship between public interest and private interest.The review of the compensation content of the expropriated person involves whether land use rights which are greater than the housing part of the land and unlicensed buildings are compensated.Whether the compensation standard is based on the compensation plan and whether the compensation standard is fair.And whether the right to choose the compensation of the expropriated person is fully guaranteed,etc.The lack of legislative provisions and the complexity of practice have led to the failure to fully scrutinize judge of compensation decisions.Through the consolidation,refinement,and comparison of the rules for the determination of disputes concerning the compensation for the expropriation of buildings on state-owned land,a reasonable judgment rule system for compensation decisions on buildings expropriation on state-owned land can be concluded,thus providing guidelines for future judicial judgments and expropriation practices,reducing the probability of conflict.