Sunday, September 19, 2010
However, the legal provisions of the administrative proceedings to give relief in reality much of the benefits brought by the relocatees to protect
However, the legal provisions of the administrative proceedings to give relief in reality much of the benefits brought by the relocatees to protect? The judiciary in adjudicating disputes involving the demolition faces many legal cases, because of practical difficulties and constraints, and thus in a rather awkward position. Administrative proceedings to supervise the executive administration according to law, safeguard the legitimate rights and interests, but in fact,air jordan 2010, house demolition administrative proceedings to resolve disputes with the ruling of the limitations and incomplete. Court administrative cases, only the legality of specific administrative acts to review the adequacy of the specific administrative act not subject to review basic. The court found unlawful house demolition can only be quashing the decision and decree remake, the original by the ruling executive processing, the interests of both demolition dispute can not be finally disposed of in court. If the court revoke administrative decisions, administrative cases will result in the end, but the situation is not resolved civil disputes; if the court decision, the executive authority within a specific administrative act, to make administrative decisions on final interpretation is still in the administrative organs, courts Shi Zhishang do not have the final power of interpretation, which is contrary to the principles of judicial power of final adjudication. If we allow the parties filed a separate civil action, it will cause much trouble to the parties, the dispute between the parties can not resolve, but also increased the workload of the court.
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