Research On The Damage Compensation Of Administrative Forced Demolition Of Illegal Building

The compulsory demolition of illegal buildings has deepened the contradiction between administrative agencies and administrative counterparts.However,regarding how to protect the legal rights and interests of administrative counterparts,the connection between relevant laws and regulations is not smooth,resulting in difficulties for administrative counterparts to obtain compensation and relief.To fully and effectively protect the legitimate rights and interests of the right holders,it is necessary to have a thorough understanding of the compensation for damages caused by the administrative compulsory demolition of illegal buildings and construct a systemic compensation mechanism.To study the issue of damage compensation for administratively compulsory demolition of illegal buildings,we must first analyze the legality of damage compensation in theory.For this reason,the necessity of damage compensation for legal rights and interests in illegal buildings is explained separately from the theoretical basis and legal clauses.Combining the different definitions of illegal buildings in academic circles and the identification of legal terms,the illegal buildings are defined and classified,and the administrative subject of the forced demolition of illegal buildings is determined at the same time,and the legal nature of the forced demolition is clarified.Empirical research is an important perspective for studying compensation for compulsory demolition of illegal buildings.The retrial case reflects the demolished person’s mental state of dissatisfaction with the effective judgment of the first instance and the second instance,and it is also a self-supervision method for the effective judgment of the court.Through sorting out ten administrative compensation retrial cases caused by the forced demolition of illegal buildings,it summarizes the illegal behaviors of the administrative agencies in the forced demolition of illegal buildings and the focus of compensation for the forced demolition of illegal buildings,and analyzes the current forced demolition of illegal buildings in my country.Problems in compensation are mainly manifested in the unclear scope and amount of compensation in legislation and judicial practice,unclear compensation standards,improper distribution of the burden of proof,and obstruction of the exercise of the right to remedy for compulsory demolition of illegal buildings.Through further consideration of the compensation issue for compulsory demolition of illegal buildings,it is believed that the illegal acts of administrative agencies should be regulated,the scope of compensation for improper demolition should be clarified,reasonable compensation standards should be determined,administrative costs should be reduced,and the illegal demolition should be reasonably allocated based on the principle of fairness.The burden of proof for compensation,to improve the relief mechanism for compulsory demolition of illegal buildings,so as to better solve the problem of compensation for administrative compulsory demolition of illegal buildings,so as to ensure the balance of interests in illegal buildings and the stability of social order.