2011年1月21日颁布并实施的《国有土地上房屋征收与补偿条例》无论是对于房屋征收决定合法性的审查,还是对于强制搬迁的司法审查,都缺乏细化性的规范。另外,对于司法机关通过何种程序行使权力,审查的重点内容是什么等问题也语焉不详。为了保障公共利益及被征人合法权益的双赢,使拆迁双方的权利与利益冲突得到合理解决,应立足实践,结合司法权的特点及功能,对于司法机关在强制搬迁审查及房屋征收决定的行政诉讼中的审查重点、实践难点、具体的操作程序等问题进行探索,并提出一些具有可操作性的建议。 January 21, 2011 promulgated and implemented “on state-owned land expropriation and compensation regulations,” Whether it is for the review of the legality of the decision to impose housing, or mandatory relocation of the judicial review, the lack of detailed norms. In addition, the procedures for judicial power through exercise of power, the review of what is the focus of the problem is also unknown. In order to ensure a win-win situation between the public interest and the legitimate rights and interests of those who have been expropriated, the rights and interests conflicts between the demolition and relocation parties should be rationally solved. Based on the practice and combining with the characteristics and functions of the judicial power, the administration of the judiciary should be forced to relocate, Litigation review focus, practical difficulties, specific operational procedures and other issues to explore and put forward some practical suggestions.