Journal of Hubei University(Philosophy and Social Science). 2014, (02) Core

On the Protection of the Acquiree’s Rights to Administrative Remedy in Land AcquisitionChinese Full Text

ZHENG Quan-xin;ZOU Ai-hua;

Abstract: The protection of the acquiree’s rights to administrative remedy has made some headway, but its defects are self-evident, as demonstrated by the lack of judgment criteria for the scope of public interests in land acquisition, the omission of the invalid land acquisition decision, the narrow scope of the subject’s right to administrative remedy, the unclear reason for the acquirees to apply for administrative reconsideration or bring an administrative lawsuit, and the pre-administrative reconsideration procedure on the part of the acquiree not obeying the land acquisition decision. All these cases will result in some obstacles to the acquiree’s rights to administrative remedy. It will also lead to some problems if the expropriation compensation and placement decision are incorporated in the scope of the acquiree’s rights to administrative remedy. In order to peacefully resolve the land acquisition dispute, and avoid the malignant event and mass incidents, the following measures are necessarily taken. Firstly, the scope of public interests should be more clearly defined; the scope of invalid land acquisition decision and the subject’s right to administrative remedy should be expanded. Secondly, the reason for the acquiree’s application for administrative reconsideration or administrative lawsuit should be clearly listed. Thirdly, the pre-administrative reconsideration procedure should be canceled and the acquiree should be granted the right to civil remedy for the expropriation compensation dispute.

Keywords：

土地征收; 被征收人; 行政救济权; 行政复议程序前置; 民事救济权;

DOI：
10.13793/j.cnki.42-1020/c.2014.02.023
Series：
Subject：
Classification Code：
D922.1

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On the Protection of the Acquiree’s Rights to Administrative Remedy in Land AcquisitionChinese Full Text

ZHENG Quan-xin;ZOU Ai-hua;

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