The Study On Judicial Remedy Of Disputes Of Expropriation Compensation Agreement

Housing expropriation compensation agreement is a flexible administrative act made by the administrative organization.Its purpose is to reduce the conflict between the house expropriation work and the owner of the expropriated house,improve the efficiency of the expropriation work and achieve the administrative objectives.Housing expropriation compensation agreement disputes occur at all stages of the signing,implementation and execution of the agreement.The disputed subjects,causes and requests are different,which determines that the court must provide different types of judicial relief for different disputes.Housing expropriation compensation agreement disputes occur at all stages of the signing,implementation and execution of the agreement.The disputed subjects,causes and requests are different,which determines that the court must provide different types of judicial relief for different disputes.However,for disputes of the same type and nature,different or even the same court will still apply different judicial organizations and rules for adjudication.One of the reasons is that the Regulations on Housing Expropriation and Compensation on State-owned Land,which directly regulates the disputes,do not specify the nature of the compensation agreement and the way of litigation relief for disputes.In order to equally protect the legitimate rights and interests of stakeholders,safeguard judicial authority,and clarify its legal nature and judicial remedies,it is urgent and important.According to the identification criteria of administrative contract and civil contract,as well as the current legislative situation of the Administrative Procedure Law and its judicial interpretation,it can be confirmed that the housing expropriation compensation agreement belongs to the scope of administrative contract.However,the determination of the legal nature of the contract text does not mean the unification of the judicial remedy model.these two kinds remedy model still exist or continue to exist for a long time.By comparing and analyzing the rules and judgment effects of the two relief modes,we should affirm the necessity of administrative litigation mode to resolve disputes over compensation agreement.In practice,even if the court applies the administrative litigation mode to provide relief for disputes over compensation agreement,it still faces some problems:restricted by the scope of the case,some disputes about compensation agreement can not enter the threshold of the court,the traditional administrative litigation system can not effectively deal with new administrative acts,the drawbacks of the registration system are increasingly apparent,the parties abuse their litigation rights,entanglement litigation,and so on.The perfection of the existing system is the premise for the protection of rights.Firstly,we should gradually reduce the scope of cases and let more disputes about compensation agreements enter the court.Secondly,we should formulate special legal norms and promulgate judicial interpretation of administrative agreements as soon as possible.Thirdly,we should improve the allocation rules of burden of proof.Different rules of proof should be applied to administrative disputes and consensual disputes.The court should affirm the right of proof of the third party and protect the interests of the third party.Fourthly,the principle of administrative litigation review should be added,and contract review and rationality review of compensation agreement should be carried out.Fifthly,we should apply and promote the mixed collegial panel system to overcome and solve the drawbacks of the traditional administrative litigation system that can not effectively examine the sexual administrative acts of both parties.Sixth,the rapid hearing system for filing cases,through the hearing process,filters out cases of indiscriminate litigation,entanglement and non-litigation interests,and saves judicial resources.