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李某为某村村民,于2007年8月未经任何行政主管部门批准,便在自家住宅旁的空地上又建了一座新房,且占用了部分耕地。2009年5月经群众举报,乡政府派相关的农村建房用地经管人员对李某的建房进行勘察,认定李某未经过农村土地经管机关的批准擅自建房,属于违法建筑行为,并根据有关规定限令李某七天内自行拆除上述违法建筑物。期间,李某没有向县农村土地经管机关申请复议,也没有向人民法院提起诉讼;期满后乡政府提请人民法院对李某的违法建筑实施了强制拆除。但李某在此期间并没有收到任何有关强制拆除的决定书和告知书。在强制拆除过程中,邻居王某发现上个月刚丢失的自行车就放在李某家中,但在拆除的过程中被损坏。王某要求李某赔偿,李某主张由拆除部门承担赔偿。于是李某以乡政府的强制拆除行为违法为由提起行政诉讼,并要求对房屋,以及在拆除过程中所

损坏的自行车、电视机等财物给予行政赔偿。

问:

(1)本案中,乡政府的强制拆除行为合法吗?(2分)法院应该如何判决?(3分)

(2)根据《国家赔偿法》的规定,李某的行政赔偿请求是否能得到满足?(2分)为什么?(3分)

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正确答案:

违法 违反法定程序 撤销判决

能满足 强制拆除违法,违法侵害公民的合法权益,符合行政赔偿的条件。

答案解析:

暂无解析

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Ofcom’s chief executive, Ed Richards, said: "We are prepared to face up to any legal action from the industry, but we very much hope it will not be necessary." The FSA said it was expecting an onslaught from the industry in January. Senior FSA officials said the manufacturers’ efforts to undermine its proposals on labelling could threaten the agency’s credibility. 8. Terrence Collis, FSA director of communications, dismissed claims that the proposals were not based on science. "We have some of the most respected scientists in Europe, both within the FSA and in our independent advisory committees. It is unjustified and nonsensical to attack the FSA’s scientific reputation and to try to undermine its credibility." 9. The FSA is understood to have briefed its ad agency, United, before Christmas, and will aim to air ads that are "non-confrontational, humorous and factual" as a counterweight to industry’s efforts about the same time. 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