Sunday, September 19, 2010

Second, given the right to change the people's court of justice court

to want to conduct a reasonable review of the real must also be given the right to change the people's court of justice, or rationality review would only illusory. This is based on two considerations: First, the relocation department decided that the dispute between the parties is based on state administrative law enforcement and administrative jurisdiction, the court revoked the wrong administrative decisions made by entities in the same time, do not be beyond the jurisdiction of the place administrative organ to exercise executive power. Second, according to judicial practice, the final decision should adhere to the principles of justice, the court without judicial power to change, then have to be adjudicated by the executive, the result would be to replace the judicial functions of administrative functions, which is contrary to provisions of state division of functions. In the ruling in court cases, the right to change the people's court ruling should be extended to the entire contents, but not limited to the amount of compensation, in the form of compensation, resettlement area and resettlement sites buildings, relocation of the transitional mode and the transition period should also the right of judicial change. Of course, these powers must be exercised according to law. Currently, the city evicted according to the law of compensation has been included in the recently enacted amendments to the Constitution, and therefore laws must be modified accordingly, to change people's courts to exercise the right to legal standards. This is to adapt to the needs of judicial practice, but also to better protect the legitimate interests of the demolition, to reduce urban house demolition dispute.

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