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Provisions of the Supreme People"s Court on Certain Issues concerning the Handling of Cases of Applying with People"s Courts for Compulsory Execution of Decisions on Expropriation Compensation of
released by:admin Time:2012-6-19 15:15:55 Read:1499Time

Provisions of the Supreme People&quots Court on Certain Issues concerning the Handling of Cases of Applying with People"s Courts for Compulsory Execution of Decisions on Expropriation Compensation of Housing on State-owned Land
最高人民法院关于办理申请人民法院强制执行国有土地上房屋征收补偿决定案件若干问题的规定
Promulgating InstitutionSupreme People's Court
Document Number: Fa Shi [2012] No.4
Promulgatin Date:03/26/2012
 
A povision by the Supreme People’s Court highlighted 7 conditions which, if any one of them is satisfied, will lead to the rejection of the execution of the decision on expropriation compensation.
 
These 7 conditions are:
The decision obviously lacks factual evidence;
The decision obviously lacks a legal basis;
The decision obviously  violates the principle of fair compensation, it damages the legitimate rights and interests of the person subject to execution or it cannot ensure the basic conditions for living or production and business operations;
The decision obviously violates administrative  purposes to seriously damage public interests;
The decision obviously violates the legal or due procedures;
The decision exceeds the limits of power;
Other conditions stipulated by laws, regulations and rules in which compulsory execution would be inappropriate.
 
If the People’s Court makes a decision to reject the execution,  it shall explain reasons and serve the ruling on the applying entity within five days.
 
 
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