Government demolition process and detailed rules

First, the government demolition process and detailed rules

(A) the subject of land acquisition and demolition is not standardized. Article 46 of the Land Administration Law of the People's Republic of China, hereinafter referred to as the Land Administration Law, stipulates that land requisitioned by the state shall be announced and implemented by the local people's government at or above the county level after being approved in accordance with legal procedures. The owner and user of the expropriated land shall, within the time limit stipulated in the announcement, go through the registration of land requisition compensation with the land ownership certificate to the land administrative department of the local people's government. (2) The announcement of land expropriation is not standardized. Land expropriation announcement is a necessary procedure for land expropriation. There are two kinds of land expropriation announcement, one is land expropriation announcement, and the other is land expropriation compensation and resettlement plan announcement. Article 4 of the Measures for Announcement of Land Expropriation issued by the Ministry of Land and Resources stipulates that the people's governments of cities and counties whose land has been expropriated shall issue an announcement of land expropriation within 10 working days from the date of receiving the approval document of the land expropriation plan, and the land administrative departments of the people's governments of cities and counties shall be responsible for the specific implementation. Article 5 stipulates that the announcement of land acquisition shall include the following contents: (1) the land acquisition approval authority, approval number, approval time and approved purpose; (2) The owner, location, land type and area of the expropriated land; (three) the standard of compensation for land acquisition and the way of agricultural personnel placement; (four) the time limit and place of land acquisition compensation registration. Article 7 of the Measures for Announcement of Land Expropriation stipulates that the land administrative departments of the relevant municipal and county people's governments shall, jointly with relevant departments, draw up a compensation and resettlement plan for land expropriation according to the approved land expropriation plan, and make an announcement with the owner of the expropriated land as the unit within 45 days from the date of the announcement of land expropriation. Article 8 stipulates that the announcement of land requisition compensation and resettlement plan shall include the following contents: 1, the location, type and area of the land requisitioned by the collective economic organization, the types and quantities of attachments and young crops on the ground, and the number of agricultural population to be resettled; 2. The standard, amount, payment object and payment method of land compensation fee; 3 resettlement subsidy standards, amount, payment object and payment method; 4, the ground attachments and young crops compensation standards and payment methods; 5, the specific placement of agricultural personnel; 6 other specific measures for land acquisition compensation and resettlement. These two provisions stipulate the time and content of the announcement of the land acquisition compensation and resettlement plan. In the actual land acquisition and demolition work, there are few announcements made in full accordance with the requirements of laws, regulations and rules. Some small projects have not been announced, some have been announced but not posted, some should have been announced twice but only once, some are incomplete, and some have issued land acquisition announcements without receiving the approval documents of land acquisition plan. Therefore, the contents of the announcement lack the approval authority, approval number and approval time. Failure to make an announcement in accordance with the law violates legal procedures and deprives landless farmers of their right to know, which will have serious consequences. According to Article 14 of the Measures for the Announcement of Land Expropriation, if the announcement of land expropriation is not made according to law, the expropriated rural collective economic organizations, rural villagers or other rights holders have the right to request the announcement according to law and refuse to go through the registration procedures for land expropriation compensation. If the land acquisition compensation and resettlement plan is not announced in accordance with the law, the expropriated rural collective economic organizations, rural villagers or other rights holders have the right to request an announcement in accordance with the law and have the right to refuse to go through the procedures for land acquisition compensation and resettlement. (III) Not Informing the Right to Hearing Article 9 of the Measures for the Announcement of Land Expropriation stipulates that rural collective economic organizations, rural villagers or other rights holders whose land has been expropriated have different opinions on the compensation and resettlement scheme for land expropriation or request a hearing, they shall submit them to the land administrative departments of the relevant municipal and county people's governments within 10 working days from the date of the announcement of the compensation and resettlement scheme for land expropriation. Article 10 stipulates that the land administrative departments of the relevant municipal and county people's governments shall study the different opinions of rural collective economic organizations, rural villagers or other rights holders on the compensation and resettlement plan for land acquisition. If a party requests a hearing, it shall hold a hearing. If it is really necessary to modify the compensation and resettlement plan for land acquisition, it shall be modified in accordance with relevant laws and regulations and the approved land acquisition plan. According to the above provisions, farmers whose land has been expropriated have different opinions on the compensation and resettlement plan of the expropriated land, and have the right to request a time-limited hearing. Therefore, the land expropriation implementation organ shall explain the right to hearing to the expropriated rural collective economic organizations, rural villagers or other rights holders. You can inform the right of hearing in the announcement of land acquisition compensation and resettlement plan, or you can inform the right of hearing in other ways. However, in the actual land acquisition and demolition work, landless peasants have almost no right to be informed by hearing, let alone hold a hearing, which essentially deprives landless peasants of their democratic right to request a hearing. (4) The investigation work is not detailed. After the owner and user of the expropriated land register with the land administrative department of the government with the certificate of land ownership within the time limit stipulated in the announcement, the land administrative department of the government shall conduct detailed investigation and verification on the compensation registration items item by item, and fill in the compensation form for housing facilities, young crops and other demolition. This workload is heavy, professional, complicated and complicated, and it is easy to make mistakes. It requires staff to have high professional quality and patient and meticulous work style. However, in the actual expropriation and demolition work, the political quality and professional quality of the staff can not meet the requirements. There are many mistakes in investigation and verification: first, there are omissions, and almost every relocated household has the problem of re-recording. There are still many lost items. Second, the applicable compensation standard is not accurate, and the land-expropriated farmers compare with each other. If the standard is too high, he won't come to you; if the standard is too low, he will come to you. Third, the application of compensation standards is arbitrary and unfair, and the standard of good relations is set higher. Fourth, the sense of responsibility is not strong, simple and rude, and the ideological work of the relocated households is impatient and meticulous, leading to resistance. (five) the compensation and resettlement fees are not in place, and should be paid in full within 3 months from the date of approval of the compensation and resettlement plan for land acquisition. In the actual requisition and demolition work, some compensation for land acquisition cannot be fully paid within the prescribed time limit. In some demolition projects, the relocated households have lived in the transitional houses for more than a year after the houses were demolished, and the reconstruction site has not yet come out.

Second, do you know what the government subsidies for demolition projects are?

(1) Urban houses where monetary compensation subsidies are levied. When the lessee chooses monetary compensation, it will give monetary compensation according to the following proportion of the assessed value of the expropriated house: 1, and the house is 15%. (2) The house expropriation rewards the expropriated person. The lessee signs the compensation agreement within the contract period and completes the relocation within the relocation period, and the house will be awarded at 65,438+00% of the assessed value of the expropriated house. (3) If the expropriated person chooses monetary compensation, the purchase of houses within the administrative area of this Municipality within 24 months from the effective date of the expropriation compensation agreement shall not exceed 10% of the assessed value of the expropriated house (if the actual purchase funds are less than the assessed amount of the expropriated house, the purchase funds recorded in the tax payment certificate shall prevail).

3. What is the difference between commercial demolition and government demolition?

1, the demolition subject is different. As the name implies, the main body of commercial demolition should be commercial personnel. In practice, it mainly focuses on developers and entrepreneurs. Government demolition is led by the local government and implemented according to local policies.

2. The purpose of demolition is different. Commercial demolition is a profitable development and a paid equal transaction to achieve a win-win goal. Government demolition is for the purpose of "public interest" and is non-profit, so it is necessary to compensate the expropriated person for demolition that is not lower than the original living standard.

3. The demolition scope is different. Many commercial demolition are aimed at the expropriation and demolition of one or several houses, and they are more specific. However, the government expropriation and demolition is generally a village or a region, involving a wide range, which includes not only the expropriation and demolition of state-owned land and houses on it, but also collective land and houses on it. The number and scope of demolition is much wider than that of commercial demolition.

4. Commercial demolition with different demolition intentions is a civil and commercial contract reached between the developer and the demolished person on the basis of equality. Its characteristic is that both parties pay voluntarily, and the transaction price may not be the market price. Government demolition is an administrative contract signed by the administrative expropriation party and the demolished person. Although the principle of voluntary and equal consultation should be followed, most of the demolished people will not voluntarily relocate, which has caused many contradictions in expropriation and relocation, and the interests of the expropriated people have been greatly damaged. Another point is: for government demolition, the law stipulates that the demolished should be fully compensated according to the market price, but in fact, the compensation given by government demolition is generally low. From this perspective, commercial demolition is more profitable for the demolished.

5. Different relief methods Commercial demolition is a civil and commercial contract. Therefore, disputes arising from commercial demolition can be resolved through arbitration and civil litigation. Government demolition is an administrative contract, and the remedy is reconsideration or administrative litigation. The legal and behavioral means on which the two are based are different, and the people who have been demolished should distinguish them.