Regulations on the Management of House Demolition, please, 3Q.

The current Regulations on the Management of Urban House Demolition is contrary to the spirit of the property law that will be implemented in June 5438+this year 10, and its revision is imminent. According to the news recently obtained by our reporter, this work has been put on the work schedule of the Ministry of Construction. "The Legal Filing Review Office of NPC Law Committee is summarizing suggestions for amending laws and regulations." Informed sources revealed. Since late March, issues related to property law, house demolition and land expropriation have attracted much attention. In April alone, the Ministry of Construction organized several seminars to discuss the impact of the Property Law on the Regulations on the Management of Urban House Demolition. The demolition regulations need to be revised, which has become the consensus of all walks of life. At the beginning of April this year, representatives from the NPC Law Committee, the Legislative Affairs Office of the State Council, the Ministry of Construction and the demolition management departments all over the country attended the National Symposium on Urban Housing Demolition Theory sponsored by the Housing and Real Estate Department of the Ministry of Construction. According to the summary of the meeting, the participants reached a * * understanding on the impact of the Property Law on urban house demolition: firstly, the regulations need to be revised and upgraded to law, and "those that can conform to the actual management mechanism should be retained, so as not to make too much changes in legislation, so as not to affect social stability and urban construction". Secondly, we should further study the relationship between demolition and expropriation. House demolition is the most sensitive topic. Regarding the protection of private property, the Property Law stipulates that private property can be expropriated and requisitioned when the public interest requires it, and no individual can resist it. However, if it is for commercial needs, it cannot be levied when the house is demolished, but through consultation, individuals can also disagree with the demolition, which is protected by law. "In the past, the law usually used' reasonable compensation', and such a word was embodied in the Property Law." Professor Ping Jiang, the head of the drafting expert group of the Property Law, said that the Property Law provided for land acquisition and compensation for house demolition. Expropriation of collectively owned land, in addition to paying land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in full according to law, it is also necessary to arrange social security fees for landless farmers. "It embodies humanistic care and is the development of social security system," Jiang Ping said. In house demolition, developers and relocated households often have disputes over compensation for demolition, which is a realistic problem faced by demolition regulations. "The compensation we gave to the relocated households was completely evaluated in accordance with the evaluation criteria issued by the Beijing Municipal Construction Committee, and there was no violation. If more people follow the example of' Chongqing nail house', it will make the development of the first-level land more difficult. " At present, the endless stream of new "nail households" has made a developer in Beijing pour a bitter water on reporters. After the "nail house in Chongqing" incident, the Land Society also wants to know the real thoughts of the relocated households and related parties. "The main problem of the current demolition difficulty is that the compensation standard for demolition evaluation is unreasonable. Today, the compensation standard is still based on the standard set in 2002. " Yang Yanmin, president of Beijing Land Society, said. Some places have begun to revise the demolition regulations according to the spirit of the property law. A few days ago, Fuzhou Real Estate Administration and Fuzhou Price Bureau jointly formulated and issued "Guiding Opinions on Monetary Compensation and Property Rights Exchange Price for Urban Housing Demolition in Fuzhou", which made new provisions on monetary compensation and resettlement for housing demolition. Liu Huan, a professor at the Central University of Finance and Economics, took Beijing as an example to further explain: At present, Beijing is implementing the "Evaluation Rules for House Demolition in Beijing" promulgated by 200 1, in which the benchmark land price and benchmark house price are two key elements in calculating the compensation for house demolition. In recent years, Beijing's housing prices have continued to rise sharply, especially in hot spots. At present, the average floor price and house price of ordinary residential commercial housing in Beijing are quite different from 200 1 year. Cai Yaozhong, director of the Property Law Professional Committee of the Beijing Lawyers Association, also believes that "the introduction of the Property Law only stipulates the ownership of property, and everything will be empty talk until the relevant departments make a detailed explanation of the compensation standards for demolition.