China News Service, Beijing, July 27 (Reporter Zhang Su) The Supreme People's Court of China first published a typical case of administrative litigation involving property rights protection on the 27th. The Supreme Law stated that previous violations of private property rights still existed in areas such as administrative enforcement, expropriation and demolition. It is hoped that through the publication of cases, the useful experience of relevant courts will be effectively promoted, the accuracy of property rights protection will be improved, and the establishment of a long-term mechanism for property rights protection will be accelerated.
Among the nine typical cases of administrative litigation involving property rights protection issued by the Supreme Law this time, there is an administrative forced demolition case-Li Sande v. Baoji City Weibin District People's Government Administrative Compulsory Case. The Shaanxi Higher People’s Court found that the demolition of Li Sande’s house was illegal by the People’s Government of Weibin District, Baoji City.
When expounding the typical significance of the case, the Supreme Law pointed out that in the process of expropriation of land and houses, administrative agencies should follow the principle of "compensation first, demolition later" and compensate the expropriated persons in accordance with the law. In the case that the expropriated person has received resettlement compensation in accordance with the law or refused to accept resettlement compensation without justifiable reasons, if the administrative agency wants to implement forced relocation and demolition, it must also apply to the people’s court for enforcement in accordance with legal procedures, and the people’s court must permit enforcement of the ruling. Previously, administrative agencies did not have the right to forcibly demolish expropriated houses directly.
The relevant person in charge of the Supreme Law stated that when handling administrative cases involving the protection of property rights, the people's courts mainly adopted the following measures to achieve equal protection of property rights: First, strictly implement the case registration system and vigorously unblock the relief channels for administrative cases involving property rights protection. For administrative cases involving the protection of property rights that should be accepted in accordance with the law, we must ensure that the case must be opened and litigation must be resolved; second, adhere to the principle of legality review, review the legality of administrative agencies' administrative actions in accordance with the law, and effectively protect the legality of economic property rights of various ownerships Interests, to ensure that various ownership economies use resource elements in accordance with the law, participate in competition in an open, fair and fair manner, are equally protected by law, and jointly perform social responsibilities; third, clarify the principles of adequate compensation for illegal acts of administrative agencies and adequate compensation for national interests , To ensure that the parties’ property rights and interests are effectively protected.
"Combined with the current administrative trial practice, when the people's courts try administrative cases involving the protection of property rights, they focus on the following aspects." The above-mentioned person in charge said in response to reporters that, first, increase administrative enforcement of punishments and confiscations. Judicial review of acts and expropriation and expropriation will effectively protect the legal property rights of administrative counterparts; second, strictly grasp the conditions for the government to terminate the administrative agreement, supervise the government’s honesty and trustworthiness, create a soil that encourages private economy and social capital to start entrepreneurship and innovation, and promote responsibility The construction of government and credible government has been implemented; third, increase the supervision of the inaction of administrative subjects, and urge administrative agencies to actively exercise administrative powers to provide effective protection of private property rights when the property rights are illegally infringed and need to be protected by public power ; Fourth, intensify the review of administrative actions such as local protection and regional blockade, eliminate hidden barriers, protect various ownership economies in the law and equal use of resource elements, participate in competition fairly and openly, be equally protected by law, and jointly perform social responsibilities. (Finish)