Liu Mouqing’s Housing Expropriation Compensation Agreement Case Research

At present,the urbanization process in China is accelerating,the situation of land expropriation reconstruction and construction is increasing,and the administrative agreement can be widely used in the housing expropriation.In the process of the performance of the administrative agreement,the administrative organ can unilaterally change the administrative agreement due to the need to safeguard the public interest.However,the key to judge the legality of the unilateral change of the administrative agreement of the administrative organ is that the administrative organ should take the purpose of safeguarding the public interest,so it is very important to clarify the meaning of the public interest.However,the concept of public interest is uncertain,and can cover all the contents of public interest,which has become a difficult problem to judge the legality of administrative organs’ unilateral change of administrative agreement.Based on the study of Liu’s house expropriation compensation agreement,our current law has not clearly stipulated the specific procedure and compensation system for the administrative organ to unilaterally change the administrative agreement;moreover,the administrative organ has not formed the specific public interest definition procedure,lacks the public participation procedure,and the demonstration of the public interest in defining the public interest.In order to regulate the unilateral change of administrative agreements by administrative organs,the following relevant systems can be improved:On the one hand,administrative organs can standardize the exercise procedures of unilateral change of right by clarifying the boundaries of emergency situations and unimpeded the relief channels for counterparts,and at the same time,improve the compensation system by clarifying the scope of compensation for losses and standardizing the compensation methods.On the other hand,the administrative agency can increase the public interest definition procedure,improve the public participation procedure,the court reviews whether the public interest is objective,and the administrative agency defines whether the public interest fully reflects the public opinion,and improve the review of the public interest damage according to the principle of interest balance.