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2018-01-31
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This is the case with ordinary illegal demolitions, but after the Supreme People's court trial, the protection of property rights benchmark event.
In September 2014, announced the decision to impose before, Zhejiang District of Wucheng province Jinhua municipal government to the public Xu Shuiyun house demolitions. The government is the reason given by the so-called "mistakenly removed, Xu water never government after the" compensation ", but for a statement like" the story of Qiu Ju "as the protagonist, asked the local government according to the" State Compensation Law "provisions of the" administrative law "of state compensation. Before, Zhejiang in the first and second instance, the court ruling only the government should carry out the compensation of land expropriation, and did not require the state compensation of administrative illegal demolitions.
In January 25th, the highest third circuit court retrial of this case, and the court verdict: confirmation of illegal administrative demolitions behavior, ordered the government administrative compensation.
The presiding judge Geng Baojian to say clearly: if the illegal demolitions law and forced relocation and final results of a sample, "so that all" rational "administrative organs, may choose the illegal demolitions"; if the court is not corrected, people will think the government can be "illegal, why can't I illegal". So, the case also clearly illegal demolitions should adhere to the principle of full compensation, the government forced the administration according to law, the principle of protection of property rights of state.
The decision of this clear attitude led to the determination of the supreme judicial organs of China to protect the property rights of citizens by judicature and resolutely correct the administrative law.
Before the demolitions of every hue, mistakenly removed, "when you go out shopping home demolitions, etc. means, individual local governments tested, the key issue is not a strong judicial corrective measures. Especially like Xu Shuiyun did not obtain property certificates of legal construction, even if the encounter administrative illegal demolitions, the petition is also difficult to get the support of the judiciary. This leads to some local governments, the public often appear secure to rely on wounding, also make the citizen property rights in unsafe state.
The supreme law of the third circuit court's decision will undoubtedly set a benchmark of justice to the public, eat a reassurance, but also on the brakes on violent demolitions.
Only when courts exercise judicial power independently and conduct independent judicial review of government administrative actions, can we highlight the credibility of the judiciary and solve the old problem of "no complaint of letters and visits". In front of, the court must seek the truth, said the fair, for mistakenly removed such an excuse not half hearted, the government administrative illegal is illegal, can not play ambiguous.
The benchmarking trial can also be seen as a success in recent years in China's massive judicial reform. The "hard measures" of the judicial reform of the people's courts under the provincial people's property management system, the circuit court system and the leading cadres' intervention in the judicial activity record and notification system are at work, ensuring that the jurisdiction is not restricted by the local interests.
I hope the supreme law of the retrial judgment, can play the role of standing a letter from the judicial level, clear the legal liability of the illegal demolitions, forced government administration according to law, to remove social cancer violence demolitions.

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