城市房屋拆迁行政裁决制度探讨

The City Building Has House Dismantled And Move Out Administration Judges System Investigation And Discussion

行政裁决是行政机关依照权力机关授权，对当事人之间发生的、与行政管理活动密切相关的民事纠纷进行审查，并作出裁决的一种补充司法行为。城市房屋拆迁的合法主体包括房屋产权人、对房屋进行征收后的国家以及人民法院。在拆迁中与房屋产权人产生纠纷的只有代表国家进行征收的行政机关，它们之间矛盾的解决可以通过现有的行政复议和行政诉讼解决。开发商与房屋产权人达不成拆迁协议不是民事纠纷，不存在行政裁决的前提条件，因此城市房屋拆迁行政裁决没有存在的必要，应废除该制度，但行政裁决作为一种独立的解决特定民事纠纷的制度应保留并完善。

That administration is judged is that the administrative organ authorizes according to authority organ , is in progress to happen between the interested party , closely related to administration management civil dispute examining, one kind giving a ruling supplements a judicial act. The city building has house dismantled and move out legal main body person, carries out the country and people＇s court collecting the queen on the building including building property right. Person produces a dispute＇s in having house dismantled and move out with building property right only when the representative country carries out the administrative organ collecting , contradictious solving can pass the now available administrative reconsideration and administrative lawsuit between them solve. Person cannot reach the property right developing business and the building having house dismantled and move out being not a civil dispute by agreement , the premise condition that administration judges do not exist, the city building has house dismantled and move out therefore administration judges that certainly needing not having existence, should abolish that system, but administration judges that specially appointed civil dispute system responds to as independent solving of one kind reserve and improve and perfect.