The original requirements of the emergency notice of land requisition: an emergency notice on further tightening the management of land requisition and demolition and earnestly safeguarding the legiti

The original requirements of the emergency notice of land requisition: an emergency notice on further tightening the management of land requisition and demolition and earnestly safeguarding the legitimate rights and interests of the people. The State Council office generates electricity.

Grade Special Nomination Code Guo Ban Fa [20 10]No. 15 Zhong Ji Fa No.5688

Notice of the General Office of the State Council on Further Strict Management of Land Requisition and Demolition

Urgent notice to earnestly safeguard the legitimate rights and interests of the masses

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

Recently, there have been many deaths and injuries in rural land acquisition and demolition (hereinafter referred to as "land acquisition and demolition") in some areas, which have been strongly reflected by the masses and have had a very bad social impact. The State Council's leading comrades attached great importance to it and instructed them to do relevant work well. In order to protect the legitimate rights and interests of the masses, maintain the normal economic order, crack down on criminal acts, and further strengthen the management of land acquisition and demolition, with the consent of the State Council, the relevant matters are hereby urgently notified as follows:

First, fully understand the significance of doing a good job in the management of land acquisition and demolition.

Land requisition and demolition are related to the vital interests of the people. The Central Committee of the Communist Party of China and the State Council attached great importance to this, and explicitly demanded that the indiscriminate occupation of cultivated land should be resolutely stopped, the management of urban house demolition should be strictly enforced, the problems infringing on the interests of the masses should be resolutely corrected, and social stability should be effectively maintained. Further strengthening the management of land requisition and demolition and correctly handling the relationship between urban development and land requisition and demolition is an important task to implement Scientific Outlook on Development, safeguard the legitimate rights and interests of the masses, build a harmonious socialist society and promote sustainable economic and social development. All regions and departments should fully understand the extreme importance of doing this work well, establish a comprehensive, coordinated and sustainable Scientific Outlook on Development and a correct view of political achievements, correct the guiding ideology of urban and rural construction, strictly implement the laws, regulations and policies of the state on land acquisition and demolition, strictly perform relevant procedures, and resolutely stop and correct illegal and compulsory land acquisition and demolition. It is necessary to improve the work style, improve the working mechanism, make great efforts to resolve contradictions and disputes in land acquisition and demolition, properly solve the practical difficulties of the masses, and maintain normal production and living order and social harmony and stability.

Strictly implement rural land acquisition procedures and do a good job in land acquisition compensation.

Expropriation of collective land must be carried out in accordance with the law under the unified organization and leadership of the government. Before land acquisition, an announcement should be issued in time to solicit opinions from the masses; The reasonable demands put forward by the masses must be properly resolved, and land expropriation shall not be forced. It is necessary to strictly implement the land requisition compensation standards promulgated and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The provinces, autonomous regions and municipalities directly under the Central Government that have not announced the implementation of the new land acquisition compensation standards in accordance with relevant regulations must announce the implementation before the end of June 20lO; Those that have been promulgated and implemented but the standards are low should be adjusted and improved as soon as possible. It is necessary to strengthen the supervision of the implementation process of land acquisition, ensure that land acquisition compensation is paid in full and on time, and prevent problems such as default, interception and misappropriation. Land acquisition involves the demolition of farmers' houses, and it is necessary to resettle them before the demolition, properly solve the housing problem of farmers who have been expropriated, and effectively ensure that the original living standards of farmers who have been expropriated and demolished are not reduced, and their long-term livelihood is guaranteed. Major projects involving land acquisition and demolition should take the lead in strictly implementing the prescribed procedures and compensation standards.

Three, control the scale of urban housing demolition, demolition according to law.

Urban housing demolition must be carried out in strict accordance with the law, and the will of the demolished to choose property rights exchange and monetary compensation must be fully respected. Before the project is established, it is necessary to organize expert argumentation, solicit opinions from all walks of life, especially those who have been demolished, and conduct social stability risk assessment. Control the scale of demolition, and no permit for house demolition shall be issued for projects without social stability risk assessment or public opinions. To strictly control the number of administrative compulsory demolition, the implementation of administrative compulsory demolition should strictly fulfill the relevant procedures and report to the people's government at the next higher level for the record. If the procedures are illegal, the compensation is not in place, the living conditions of the demolished people are not guaranteed, and the emergency plan is not formulated, the forced demolition shall not be implemented.

Four, strengthen supervision and management, investigate and deal with illegal acts according to law.

All localities should immediately organize a comprehensive investigation and clean-up of all land acquisition and demolition projects, focusing on checking whether the land acquisition procedures are legal, whether the demolition behavior is standardized, whether the compensation and resettlement are reasonable, and whether the political reform is implemented. And rectify all kinds of problems found in the investigation and cleaning within a time limit. To take water, electricity, blocking traffic and other brutal means of forced demolition, as well as to take "collective demolition" and "surprise demolition" and other illegal forced demolition, we must strictly investigate the responsibility of the responsible units and responsible persons. If violent demolition and land expropriation cause casualties or heavy property losses, the public security organs should intensify the handling of cases, find out the facts as soon as possible and severely punish criminals according to law. For vicious incidents such as land acquisition and demolition, large-scale mass petitions, collusion between officials and businessmen, power and money transactions caused by poor work, the relevant leaders and directly responsible persons should be held accountable. If a crime is constituted, criminal responsibility shall be severely investigated according to law. Unauthorized use of public security police to participate in forced land acquisition and demolition has serious consequences, and the responsibility of relevant party and government leaders should be seriously investigated.

Five, improve the working mechanism, timely resolve contradictions and disputes.

All regions and relevant departments should establish and improve the information communication and cooperation mechanism of land acquisition and demolition in strict accordance with the requirements of letters and visits evaluation in place, examination and approval procedures in place, policy propaganda in place, and compensation and resettlement in place, so as to grasp and solve the problems of signs and tendencies in time and prevent the accumulation and intensification of contradictions. It is necessary to improve the responsibility system for letters and visits for land acquisition and demolition, speed up the establishment of a communication information system, actively explore the investigation and mediation mechanism for contradictions and disputes in land acquisition and demolition, and take various effective ways to do a good job in the ideological work of the masses to prevent simple and rude suppression of the masses and avoid new petitions caused by land acquisition and demolition. Local people's governments at all levels and relevant departments should go deep into places with many problems, take the initiative to listen to the demands of the masses, and solve the problems at the initial stage. All localities should strengthen the analysis and judgment of the situation. In the event of a vicious incident, they should start the emergency plan in time, do a good job of stability control, and prevent the situation from expanding. It is necessary to strengthen and improve propaganda work and give full play to the important role of public opinion supervision and guidance.

Strengthen coordination and cooperation, and strengthen work responsibilities.

All regions and relevant departments should take the management of land acquisition and demolition as an important part of implementing the central macro-control policies and maintaining social harmony and stability, and put it on the important agenda of recent work. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government should strengthen the management and supervision of land acquisition and demolition, effectively strengthen the total regulation of the scale of land acquisition and demolition, and prevent and correct large-scale demolition and construction. The municipal and county people's governments shall take overall responsibility for the management of land acquisition and demolition, and clarify the responsibilities of the person in charge of the government. In the event of a mass incident, the main person in charge of the people's government of the city or county shall go to the scene to do relevant work. Relevant departments should strengthen cooperation and close cooperation, strengthen guidance and supervision on land acquisition and demolition work in various places, jointly investigate and deal with typical cases, study and improve relevant policies and measures, and report important information to the State Council in a timely manner.

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall report the implementation of this notice to the State Council before 20 10, and send a copy to the Ministry of Housing and Urban-Rural Development and the Ministry of Land and Resources.

the General Office of the State Council

20 10 may 15

Issued by the confidential bureau of the Central Office at 20: 50 on May 10.