我国征收补偿协议履行机制分析.docx

Abstract
According to the provisions in House Expropriation on state-owned land pensation Regulation, the property and function pensative agreement of expropriation transforms, but it doesn’t accordingly adjust the mechanism of implementation. Compensative agreement of expropriation act as a kind of administrative contract, the regulation doesn’t provide any administrative contract privilege in the fulfillment process, it just provide that when the agreement doesn’t be executed ,only the way of judicial proceedings path to resolve the dispute can be allowed. pensative agreement of expropriation doesn’t be executed, Housing Levy Department doesn’t have other effective way except resort to courts to prompt the fulfillment of obligations of relocation. It doesn’t conform to the motive of pensative agreement of expropriation which aimed to through house owner’s voluntary fulfillment of obligations of relocation to plish levying mission rapidly. Therefore, the Regulation’s provision of the mechanisms of implementation pensative agreement of expropriation exist flaw on Lack of enforceable force. Thus, taking into account of the fact that pensative agreement of expropriation in essentially to be a kind of flexible administrative mode based on negociation, which aims to improve the acceptability and participation among house owners, to avoid prolix judicial proceedings pensative agreement of expropriation doesn’t be executed, it requires to build a mechanism of enforceable execution in the agreement to plish levying mission rapidly. This article bases on the analysis of the drawback in mechanism of implementation pensative agreement of expropriation, as well as the theoretical reflection of its enforceable force, and draws a conclusion that to perfect the mechanisms of implementation pensative agreement of expropriation, we can draw lessons parative study of the legal system in Germany and TaiWan province.
This posed of four parts:
The first part is the foundation of arg