One, building by forced releasing hind, what does compensatory limits have?
① is worth by the oneself price of forced releasing building: Can according to be being torn open the actual vendibility of change building undertakes; of claim for compensation
② is buried the loss that article and building decorate: Forced releasing is do with sb unconscious, because of such house inside decorate and property often has not enough time to transfer, to the loss of this respect, we are OK seek redress, to specific loss size need comes according to actual condition estimation.
③ hire loss removes with etc, find a place for temporarily the other loss such as compensation: " house of state-owned land main rooms is collected with compensation byelaw " the seventeenth regulation, outside collecting the compensation of the building to divide building value, still include to remove, find a place for temporarily, to be being torn open the allowance of change person is mixed award. Because of by forced releasing, still be faced with live randomly, the difficulty such as beak a contract of the contract that rent, be torn open accordingly change person is OK view of Xiang Zheng debit recoups afore-mentioned cost.
2, dimension authority means
1, administration is reconsidered.
Administration is opposite the disaffected of specific administration action that the person makes to the executive authority, can mention lawfully reconsider.
" administration reconsiders a law " specific provision, the disaffected of specific administration action of section of job of government of various to place of prefectural class above people, by applicant choice, can this class people government to this branch applies for administration to reconsider, OK also up administration of application of branch of one stage director is reconsidered. The disaffected of specific administration action of government of various to the place people, up government of people of one class place applies for administration to reconsider. The expedites mechanism place to belong to prefectural class place that creates lawfully to government of people of province, municipality the disaffected of specific administration action of people government, expedite mechanism to apply for administration to reconsider to this. Can see from this, tear open change to carry politics of start on a journey in time to reconsider to breaking the law face to face, correct in time by the mechanism that reconsider by illegal behavior of the applicant, achieve the goal that upholds oneself to close right increase thereby.
2, administrative lawsuit.
" administrative procedural law " the 2nd regulation, citizen, legal person is other perhaps the organization thinks the specific administration action of executive authority and executive authority staff member encroachs his legitimate rights and interests, according to having right this law to people court to lodge a complaint. Basis " administrative procedural law " eleventh the regulation is knowable, the specific administration action that citizen, legal person and other organization think the executive authority is made encroachs his property right of person authority, money mentions of administrative lawsuit, people court ought to be accepted lawfully.
3, national compensation.
National compensation is to because exercise powers and authorities of office gives etc of citizen, legal person constituent person,point to national office and its staff member authority or money property right are caused damage, the compensation that should offer lawfully. National compensation fulfils compensatory obligation by the national office of tort.
According to " the country compensates for a law " the regulation is compensated for to administration, compensation asks seek redress of ask for help to ought to put forward to compensatory obligation mechanism first, when also can be reconsidered in application administration or mentioning lawsuit of politics of start on a journey, put forward along with all the others. Accordingly, after forced releasing happening, in affirm behavior of executive authority forced releasing breaks the law and cause losing to party, party can apply for national compensation to the executive authority that makes forced releasing conduct, also can be reconsidered in application administration or national compensation applies for in administrative lawsuit.
The place on put together is narrated, experience forced releasing, you must active thought fors the time being, the legitimate rights and interests that strives for oneself avoids a loss to expand.
