Developers demolition, compensation is too low, most do not agree, how should we protect rights?

I think it's necessary for a media to respond. Of course, the influence of the paper media is definitely not as extensive as that of the TV media. I don't know if there are any livelihood programs in the local area, but based on personal experience, if developers want to suppress these things, it's useless for them to go to the TV media jointly, and they won't pay attention to it. As long as the incident is relatively large, the scale and influence are serious, the TV media can only be dispatched, so it's best to produce very conclusive evidence when responding to the media. However, please pay attention to safety, the matter of forced demolition is not one or two.

In order to pursue fairness and justice in economic development, citizens need to defend their rights rationally according to law. Based on the experiences and lessons of demolition and rights protection in various places, they are briefly summarized as follows:

First, citizens' legitimate private property is inviolable

Their own houses are their own decisions. The commercial developer and the demolished are civil legal relations between equal subjects. The two sides negotiate and reach an agreement on the transfer of house property rights. If they can't reach an agreement, they can't carry out the demolition.

for the needs of public interests, the government can impose expropriation, but it must follow legal procedures and give fair compensation. At present, what is the public interest, the procedure of compulsory expropriation and the standard of compensation are controversial. The old demolition regulations are unfair, and the new expropriation regulations are still being formulated. According to the new expropriation bill, the public interests are clearly listed. For the public interests, the government is the main body of expropriation, and the compensation for demolition is based on the market-oriented standard, that is, the auction price of land use rights.

in the case of unclear laws, especially for house demolition on rural collective land, the government's compulsory deprivation of citizens' house property should be presumed to be for the collection of public interests, and should go through the procedures of planning, price evaluation, issuing demolition permits, ruling and enforcement. Forced demolition without these procedures is illegal.

second, illegal demolition

some demolition policies issued by various localities may be well-intentioned, but they are indeed illegal. Forced demolition of villagers' houses with the consent of the villagers' congress (not the villagers' congress), that is, the so-called "villagers voluntarily vacate and transform" demolition mode, violates the organic law of villagers' committees, and also violates the Constitution and the property law. The "land reserve" demolition mode of obtaining demolition permit without specific construction project planning or even compulsory demolition without demolition permit violates the urban and rural planning law. The so-called "green belt" demolition mode of forced demolition without legal procedures such as planning, price evaluation and issuing demolition permits violates the Constitution and the Property Law.

Third, just compensation-the right to share the land appreciation

The market-oriented standard, that is, the price of land public auction, should be adopted for compensation. Of course, because the rise of land price is the result of urban development, all income should not be returned to the original owner of the house. The state can take part of it to the public through taxation and the rest to the owner of the house.

Housing demolition and land development usually means huge profits. At present, most of these profits are taken away by the government and developers, and too little is shared with the original owners of houses, which is the direct reason for the contradiction of demolition in various places. Considering the national conditions of China, it is reasonable for the demolished to share one third of the profits of the demolition project. In some places, it is also reasonable to adopt the mode of "demolishing one square meter and compensating two or three square meters in situ" or "demolishing one square meter".

IV. In the face of unfair forced demolition

There is no legal procedure, or although the demolition is obviously unfair according to legal procedures, citizens have reason to rationally safeguard their rights according to law. Safeguarding the rights of house demolition is a defensive behavior, and the core lies in one word-procrastination. Don't be tempted by the relocation reward easily. A basic lesson from all over the country is that the sooner you move out, the more you will suffer, and there are a large number of residents in Beijing who regret it. If the demolition party agrees to relocate, it must wait until the relocated house can move in and pass the quality appraisal before agreeing to relocate. Never sign and move out before the relocated house is built, otherwise it may encounter problems such as failure to relocate or poor quality of the relocated house.

first, unity. The demolition party may try its best to coerce and induce the demolition people to divide and disintegrate, and only unity can safeguard the rights and interests of the same people. The ways of unity include convening a meeting of villagers who are enthusiastic about public welfare, electing credible rights protection representatives, making donations to set up a rights protection fund, organizing villagers to discuss, sort out and post reasonable demands, and so on.

second, no cooperation. If there are no complete legal procedures, or the compensation does not meet the reasonable requirements of everyone, it will not cooperate, and passive non-cooperation will be ignored, such as measuring the housing area without opening the door and asking for signature. Active non-cooperation, such as taking the initiative to resort to law. Bring a lawsuit against the announcement posted by the demolition party and petition according to law. Don't wait passively, but take the initiative to pick up legal weapons and question each other's illegality. You can consider organizing petitions in batches and stick to it. If the demolition party exerts pressure through the work unit, it should also unite to resort to the law.

Third, record and expose illegal and criminal acts. In many places, demolition parties use evil forces. Evil forces are most afraid of exposure. Prepare cameras and miniature video recording equipment, and record illegal and criminal acts such as harassment, beating, and breaking glass by evil forces at any time. On the one hand, the purpose of recording is to report a case, and more importantly, to expose it. Video and pictures are very important for the spread of truth. Using pictures to create news points, such as the pictures of nail houses in Chongqing, has great news impact. Make full use of the Internet, set up blogs, register forums, set up Weibo and twitter accounts, update the content frequently, expose illegal activities, and amplify citizens' appeals. Publish your contact information and ask for help from netizens.

fourth, collective action and performance art. If some houses have been demolished, you can consider setting up tents in the same place. Tents can be very distinctive and are also expressions of speech. Put up slogans around the house, such as "private property is inviolable" and "human rights should be preserved". When petitioning collectively, you can wear clothes printed with unified words. Hold candlelight parties, gatherings, etc. in your own village or community, and post the pictures and videos on the Internet. If there is no way to complain about the brutal violence of the evil forces, you can hold an assembly and demonstration appropriately, but it must be peaceful and orderly.

fifth, rational negotiation. Do a good job in defense, be gentle and rational, and persist. Delayed in an appropriate way for a long time, or in the process of resistance, the demolition party may find negotiations. The negotiation asking price should be reasonable, and the negotiators should be gentle, not quarreling with anyone, but firm; When it's time to compromise, we should consider the overall situation, development and construction, and we must not be unreasonable. Reasonable compensation is achieved through rational negotiation, and social justice and harmony are realized.

Finally, one thing is that the manpower is thin. Only when most of the relocated households reach an agreement and form a United front, they will give developers a deterrent power. Otherwise, according to the current developer's strategy, they are all cold-shouldered, which is very passive.

I think it's necessary for a media to respond. Of course, the influence of the paper media is definitely not as extensive as that of the TV media. I don't know if there are any livelihood programs in the local area, but based on personal experience, if developers want to suppress these things, it's useless for them to go to the TV media jointly, and they won't pay attention to it. As long as the incident is relatively large, the scale and influence are serious, the TV media can only be dispatched, so it's best to produce very conclusive evidence when responding to the media. However, please pay attention to safety, the matter of forced demolition is not one or two.