Research on the Judicial Determination Standards for Illegal Administrative Compulsory Demolition Procedures

Abstract

In the current process of urban and rural governance, the issue of procedural legality has become the core point of contention in judicial review of disputes over forced demolition, and the damage to rights caused by procedural violations has become a prominent problem in administrative law enforcement governance. Starting from the practice of adjudication, this paper explores the specific judgment paths for the legality review of the administrative compulsory demolition procedure, focusing on the issue of how to establish judicial determination standards for the illegality of the administrative compulsory demolition procedure. By applying the method of normative analysis and case comparison, extract the consensus-based judgment rules in judicial determination. Research has found that judicial authorities are gradually forming operational standards for determination, including standards for strengthening the review of procedural evidence and reversing the burden of proof, standards for distinguishing formal defects from substantive violations, as well as empirical review standards for compensation for procedural violations based on elements such as illegality, damage, and causal relationship. Distill the judicial judgment logic scattered in the reasoning of the judgment into clear judicial determination standards, promote the transformation of administrative law enforcement from procedural awareness to procedural responsibility, and thereby achieve the standardization, verifiability and traceability of responsibility of the administrative forced demolition procedure.