Top court opens the door for people to challenge forced demolitions

The Supreme People's Court declared in its latest judicial explanation that the courts will dismiss administrative organs' non-litigation execution applications on forced demolitions from April 3. This declaration unchains the judicial authorities from local governments' execution of forced demolitions and opens the door for people to turn to the law to defend their rights and interests, says an article in the 21st Century Business Herald. Excerpts:

The Administrative Enforcement Law and the Rural and Urban Planning Law empower governments above county level to execute forced demolitions. As long as the governments abide by the law and the administrative procedures, the governments need not apply to judicial departments.

There is no administrative procedure law in China to restrict the governments' actions in forced demolitions. So the local governments have tended to apply to the courts foe support, turning the administrative forced demolitions into judicial enforced demolitions, which closed the door of litigation completely for property owners

The latest judicial explanation of the Supreme Court clearly sets the boundary between governments and judiciary, granting people access to the courts to challenge forced demolitions.

China should pass an administration procedure law as soon as possible to restrict the governments' actions and supervise their powers.