20 10 legal provisions on compensation for rural demolition issued by the State Council.

According to the compensation standard for rural land acquisition and demolition:

1, cancel the compensation and resettlement of village or villagers' group system.

(1) You can choose monetary compensation, or you can choose to exchange property houses with monetary compensation (that is, exchange the houses of the demolished people).

(2) The calculation formula of monetary compensation amount is: (the replacement unit price of the demolished house is combined to form the base price of land use right per square meter of construction area of new+new multi-storey commercial housing with the same area+price subsidy) × the construction area of the demolished house.

(3) If the house to be demolished is evaluated by the replacement method, it will be merged into a new one according to the replacement unit price, and the land acquisition unit will entrust a real estate appraisal agency with the qualification of house demolition evaluation for evaluation; The benchmark price and price subsidy standard for the land use right per square meter of new multi-storey commercial residential buildings in the same area shall be formulated and promulgated by the people's governments of the cities and counties where the houses are to be demolished.

2. Irrevocable compensation and resettlement for the village or villagers' group whose land has been expropriated;

(1) Those who have not been transferred to urban household registration shall be compensated and resettled according to the following provisions:

(2) Areas with the conditions for ex situ building can apply for new housing on the homestead in the central village or residential area determined by the overall land use planning of the township (town) and obtain corresponding monetary compensation;

(3) The calculation formula of monetary compensation amount is: (the replacement unit price of the demolished house is combined into new+price subsidy) × the construction area of the demolished house; The expenses required for the demolition and use of the new homestead shall be paid by the construction unit to the village or villagers' group whose land is expropriated. The examination and approval procedures for the demolition of new houses on the homestead shall be implemented in accordance with the relevant provisions of the state and local rural housing construction.

(4) In areas that do not have the conditions for ex situ construction, you can choose monetary compensation, or you can choose the exchange of property houses equivalent to monetary compensation. The demolished person shall not apply for new housing on the homestead again. The principle should be to make the living standard of the demolished people not be reduced by the demolition.

The compensation paid by the demolition unit to the owner or user of the house to be demolished is generally:

(1) The replacement of the house to the new price is the cost of rebuilding a set of the same house, which is used to compensate the loss of the owner of the demolished house. According to the structure and depreciation degree of the demolished houses, it is calculated at the unit price of square meters.

(2) The turnover compensation fee is used to compensate the residents of the demolished houses for the inconvenience of living in temporary housing or the cost of asking for temporary accommodation. Temporary living conditions are graded, and residents of demolished houses are subsidized monthly.

(3) Reward and compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies.

In reality, the compensation content may exceed the listed content, but whether it is one or two or more, there is one thing in common, that is, the compensation is unreasonable, and the final compensation is far below the living standard before the demolition. 20 1 1 The Legal Provisions on Rural Demolition Compensation issued by the State Council stipulates: "Ensure that the living standard of the demolished farmers is not lower than the existing level".

Extended data:

The following is the reference for the calculation formula of housing compensation:

(A) housing demolition compensation calculation standards

(1) Monetary compensation for house demolition = appraisal price of legally owned real estate+agreed compensation amount for house decoration (or compensation amount for house decoration determined by appraisal).

(2) Housing demolition compensation price difference = legally owned real estate appraisal price+agreed housing decoration compensation amount or housing decoration compensation amount determined by appraisal)-the appraisal price of the house with property right exchange obtained by the demolished person.

(two) the calculation standard of housing demolition and resettlement fees

Housing demolition and resettlement fee (including the lessee) = relocation subsidy+temporary resettlement subsidy without turnover housing+temporary resettlement subsidy beyond the transition period+loss compensation caused by non-residential housing (such as commercial housing) shutdown and business suspension.

(C) rural housing demolition compensation standards

(1) If the villagers whose land has been expropriated do not have the conditions for building houses in different places, the demolished people can choose monetary compensation or monetary compensation to exchange property houses. The specific calculation can refer to the following formula: (the replacement unit price of the demolished house is merged into a new price+the benchmark price of land use right per square meter of the construction area of new multi-storey commercial housing in the same area+price subsidy) × the construction area of the demolished house;

(2) If the villagers whose land has been expropriated have the conditions to build houses in different places, the demolished people can apply for a new house on the homestead in the central village or residential area determined by the overall land use planning of the township (town) and get corresponding monetary compensation. The specific calculation can refer to the formula: (the replacement unit price of the demolished house is merged into a new ten-price subsidy) × the construction area of the demolished house, and the cost for the demolished person to use the new homestead.

Baidu Encyclopedia-Compensation Standard for Rural Land Requisition and Demolition