Analysis Of The Case Of Wei Gang Demolition In Yangzhou

The case of removing Weigang's illegal building in Yangzhou is a typical case aroused by illegal replacing the fulfillment.Starting with the concept,conditions,procedure and manner of replacing the fulfillment etc.,this paper analyzes and confirms if replacing the fulfillment in the case is illegal or not.Then,the questions of this case are concluded,which are the imperfection of the system of replacing the fulfillment and the less professional quality of the legal agent.At last,some relative suggestions are put forward.There are four parts of the main body.The first part introduces the basic information and three focuses of dispute of the case,which are if the kind of replacing the fulfillment is reasonable,the omission of the procedure is right and the violent and threatening way is illegal.The second part analyzes the focuses of dispute from the concept,conditions and procedure and manner of replacing the fulfillment,and draws a conclusion that this case should apply the common replacing the fulfillment,the procedure can't be omitted and the way of the action is illegal.The third part concludes the legal questions of the this case,which are the concept of immediate replacing the fulfillment is unclear,the criterion and the procedure of selecting the third person is deficient,the cost of replacing the fulfillment is imperfect,the relief approach is not abundant,and the professional quality of the legal agent is pretty less.The fourth part offers some suggestions corresponding to these questions from the aspect of system and law enforcement,which defines the definition of “Immediately”,perfects the system of the cost of replacing the fulfillment and enriches the relief approach,for the improvement of the good mentality quality and legal quality of the administration staff.