Study On Administrative Litigation Of House Expropriation And Compensation On State-Owned Land

After the abolition of the Regulations on the Management of Urban Housing Demolition and Relocation,the Regulations on Housing Expropriation and Compensation on State-owned Land(hereinafter referred to as the Regulations on Expropriation and Compensation)began to apply in 2011.The Regulations on Expropriation and Compensation adjusted the demolition of urban houses to the expropriation of houses on State-owned land,which made a qualitative leap in the expropriation system of State-owned land in China,improved the compensation standards and more detailed exprop At the same time,compared with other single traditional administrative acts,it is more difficult to review administrative cases involving housing expropriation and compensation on state-owned land.The implementation of the new Administrative Procedure Law and the registration system makes the people's court encounter new problems and challenges in hearing cases of housing expropriation and compensation on state-owned land.The administrative lawsuits of housing expropriation and compensation on state-owned land have the characteristics of diversification of lawsuit types,increasing number of "peripheral" acts and prominent phenomenon of "indiscriminate lawsuit".There are also some problems such as the duration of lawsuit,the scope of accepting cases and the ambiguous stipulation of compensation standard.We can reasonably determine the duration of lawsuit,strictly define public interest lawsuits and break through the application of compensation standard of "similar real estate price",to solve the existing judicial problems.