Friday May 25, 2018
    Home > News > Society
    Text:| Print|

    Courts get cover over demolition issue

    2013-04-03 09:13 Global Times     Web Editor: Sun Tian comment

    Courts in the country will no longer accept applications from local administrative organs to carry out forced demolitions if these organs have the right to carry them out, according to a legal interpretation issued by the Supreme People's Court (SPC) Tuesday.

    Legal experts reached by the Global Times said the interpretation, effective Wednesday, will help maintain the court's independence and neutrality in dealing with lawsuits involving forced demolition.

    Gan Chaoying, a professor of law from Peking University, told the Global Times that previously, if the courts themselves are part of the decision-making process for demolitions, their independence and neutrality might be compromised when hearing lawsuits caused by forced demolitions.

    "In legal practice, some local administrative organs with compulsory law enforcement rights asked the court's approval for forced demolition, so that they could be favored by the court should a legal dispute with the owners of illegal buildings occur," he said.

    Existing laws stipulate that administrative organs can file for application to courts to carry out demolitions within three months if owners of illegal buildings do not appeal, or apply for a review of the demolition order.

    The interpretation will help standardize forced demolition decisions made by those organs, and guarantee the neutrality of judicial supervision.

    Since the two demolition-related laws took effect, local courts have had different opinions on who should be in charge of forced demolitions and what laws they should follow, according to the SPC, adding some grass-roots courts have seen a backlog of thousands of forced demolition applications filed by administrative organs.

    Some legal professionals think administrative organs should directly carry out forced demolitions or file for an application to a court if the owners of illegal houses fail to comply with orders.

    If administrative organs do not have the right to compulsory execution, the court should still accept their applications for forced demolition, the interpretation said.

    Comments (0)

    Copyright ©1999-2011 Chinanews.com. All rights reserved.
    Reproduction in whole or in part without permission is prohibited.

    主站蜘蛛池模板: 长丰县| 隆化县| 北辰区| 虎林市| 岳普湖县| 崇左市| 洛阳市| 兴隆县| 高淳县| 六安市| 大埔县| 长宁县| 平利县| 安塞县| 张掖市| 龙州县| 乐业县| 谷城县| 濮阳市| 梅河口市| 克什克腾旗| 古丈县| 鄄城县| 托里县| 贵州省| 明光市| 琼结县| 商丘市| 天峻县| 九江市| 买车| 金乡县| 板桥市| 龙江县| 郧西县| 筠连县| 万州区| 英德市| 陇川县| 渭源县| 元氏县|