Research On The Administrative Compulsory Cases Of Liu’s V.F County People’s Government

Land expropriation is a kind of land legal system.In the process of land expropriation,the demolition of legal buildings is a special phenomenon in the current society.More and more cases in practice show that the implementation of legal building demolition is mostly civil or autonomous organizations,and in litigation,the expropriated person often fails to provide evidence to prove the relationship between the administrative subject and the demolition behavior,the court will be expropriated The person failed to provide preliminary evidence proving that he met the conditions for prosecution.The prosecution lacked factual grounds and ruled to dismiss the lawsuit.The laws and regulations for this special phenomenon do not clearly stipulate,so the court does not deal with such cases physically will cause the interests of the expropriated person to be damaged.Therefore,how to protect the lawful rights and interests of the expropriated persons within the legitimate scope and achieve the purpose of maintaining the legal authority is a problem that we should consider in the face of legal construction demolition disputes in land expropriation.The author took Liu v.F county government,F county land and resources bureau,and F county housing construction bureau administrative compulsory retrial case as the research object to extract the dispute points in the case.According to the research and analysis of the case,there are four main controversial focuses,specifically referring to: first,who is the subject of the forced demolition of legal buildings during the land acquisition process;second,how to determine the qualified defendant in the case;third,the legal buildings are demolished How to characterize the behavior;Fourth,whether the prosecution in this case exceeds the legal prosecution period.The second chapter of the article focuses on the legal and jurisprudential analysis of the subject of forced demolition of legal buildings in the case.The legal authority for the demolition of legal buildings in land expropriation is the land administrative department,but the law does not clearly stipulate it,and it is determined according to the current laws,regulations and judicial interpretations.Even if the civil subject is the implementing subject,it cannot be held responsible for the act because it does not have the legal right todemolish.The third chapter studies and discusses the eligible defendants in the case.The eligible defendant for the demolition of legal buildings is the land administrative department.The article expounds from the principle of the presumption of the subject of administrative action,analyzes the reason for the presumption of the subject of the action,and determines the qualified defendant based on the presumed facts.Chapter 4 discusses the qualitative nature of the demolition of legal buildings.The demolition of legal buildings in the process of land expropriation is an administrative compulsory behavior,and it sorts out the theoretical controversies.It points out that its own views are administrative compulsory executions,and at the same time points out that the demolition behavior is suable.Chapter V analyzes whether the prosecution of a case exceeds the legal prosecution period.The time limit for prosecution in the case should be calculated according to the legal provisions at that time,and a theoretical analysis should be made on the starting point of the time limit for direct prosecution.Therefore,the case has not exceeded the legal time limit and should be entered into substantive procedures for trial.The article concludes with a conclusion.This section summarizes and summarizes the full text,and puts forward its own suggestions for the problems in the lawful demolition of the land acquisition process in the case: first,the expropriated person’s right to know should be fully protected;second,Reduce the standard of proving the facts of prosecution;third,clarify the main body and procedures of legal building demolition.This article takes a case study approach to conduct an in-depth discussion on the controversial points of legal building demolition in land expropriation in China,and puts forward targeted suggestions to enable land expropriation to be carried out legally,reasonably,and in an orderly manner in order to achieve maintenance The purpose of citizens ’ interests.