Study on Compensation for Illegal Administrative Expropriation

Abstract

According to the current legislative system, when expropriating collective land and immovable property owned by right holders, it is necessary to legally fulfill the obligation of compensation. The legislative body has constructed a comprehensive institutional framework covering the entire process from expropriation decisions, compensation and resettlement to compulsory enforcement through both substantive and procedural law dimensions. However, in the rapid urbanization process, administrative law enforcement departments frequently engage in demolition actions that exceed their statutory authority, leading to serious infringements on the legitimate rights and interests of property right holders. Notably, the current provisions of the State Compensation Law still suffer from issues of vague regulation and institutional lag, making it difficult to effectively address disputes arising from illegal forced demolitions——The law lacks clear guidance on key aspects such as defining the scope of compensation and applying calculation standards, resulting in “different judgments for similar cases” in judicial practice. More alarming is that some judicial bodies blur the legal boundaries between administrative compensation and judicial compensation, improperly applying compensation standards to handle compensation disputes, thereby depriving the aggrieved parties of their statutory right to comprehensive relief. This article focuses on the judicial recognition criteria for illegal forced demolitions, systematically analyzes the normative deficiencies in institutional operations, and proposes practical legal improvement suggestions.