I. Difficulties and causes of relocation work
1. The contradiction between macro policy and micro operation. At present, China has not yet issued a unified law to systematically regulate the land acquisition and demolition work. The Land Administration Law of the People's Republic of China, the Property Law, the Regulations on the Management of Urban House Demolition in the State Council and the relevant regulations and measures issued by various provinces (municipalities and autonomous regions) have not been systematized, which is relatively macro and difficult to implement in specific operations. At the same time, in recent years, with the tighter macro-policy implementation, the "root" has become tighter and tighter, which has caused the problem of docking local measures with national macro-policies, and even the macro-policies based on the same land acquisition and demolition project are inconsistent, which objectively increases the difficulty of specific land acquisition and demolition work.
2. The contradiction between the rapid rise in housing prices and the lag in the adjustment of resettlement compensation policies. In recent years, the soaring housing prices have driven the rapid rise of land prices. At the same time, most compensation policies fail to fully consider the factors of rising house prices and rising prices when formulating, which can't keep up with the development of the situation and can't meet the increasing compensation requirements of the demolished people. Moreover, it takes a long time to update and adjust the compensation policy, which objectively urges the relocated people to wait and see, delays the planned progress of the resettlement work, and leads to repeated and fluctuating resettlement work.
3. The contradiction between the wide scope and large scale of land acquisition and demolition and the shortage of transitional houses and resettlement houses. Large-scale, large-scale and fast-paced land acquisition and demolition will make it difficult to synchronize the supporting measures such as housing, employment and basic living security for the demolition target. A large number of relocated households need to find transitional houses and second-hand houses because of relocation, which drives the rent price to soar. Many relocated households find it difficult to find a "foothold" for a while, which leads to many difficulties in their lives, so they are afraid of moving and even resist moving.
4. The contradiction between the great differences of land-lost farmers on resettlement scheme and the weakening role of village-level organizations in land acquisition and demolition work. In the land requisition and demolition work, every procedure is very important, and the villagers' opinions are not in place in any link, which will hinder the work process. Among them, the issue of resettlement compensation for landless peasants is the focus of debate, which can only take effect after being approved by the villagers' congress. Whether it is monetary resettlement, physical resettlement, resettlement in different places or comprehensive resettlement, it is difficult for different groups to reach a consensus from their own interests, and even lead to some unnecessary contradictions. However, the ability of some village-level organizations to resolve contradictions, stabilize emotions and guide the masses to act according to laws, regulations and policies is weakening day by day, and they cannot play their due leading role.
5. The contradiction between the expected compensation and the actual compensation. All kinds of contradictions and problems in the process of land acquisition and demolition will eventually focus on the distribution of benefits. From the perspective of the demolished people, their expectation of resettlement compensation will inevitably rise with the rising of house prices, land prices and prices, hoping to maximize the benefits of resettlement compensation. There are three main situations: First, the compensation standard is not uniform, which leads to the high expectation of the demolished object. The problem of different resettlement compensation policies in some places is more prominent. The compensation standards in different periods are different, and the compensation standards for different projects in different regions are even different, and even the compensation standards for similar plots in the same period are different, resulting in a difficult situation in which work is difficult to do and people's ideas are difficult to understand. Especially in some places where developers take their own land acquisition and demolition, a few needy households operate behind the scenes, secretly raising the compensation standard, resulting in unfair land acquisition and demolition, resulting in differences in resettlement compensation among other expropriated objects. Second, due to some historical reasons, the expectations of relocated households are high. Due to the irregular examination and approval procedures caused by historical reasons, and the lax or ineffective management of planning or real estate departments, many residential buildings without planning procedures have obtained land use certificates through illegal occupation, and some have also handled housing property certificates, resulting in the ownership problems of certificates and unlicensed ones. For these building areas, the demolished object also requires compensation according to the legal area, which brings many difficulties to the land acquisition and demolition work. Third, some relocated people artificially raise the expectation of resettlement compensation due to their own factors. Some families with poor economic conditions have moved because of new difficulties in moving. The social dissatisfaction caused by this is transferred to land acquisition and demolition, which has great resistance and high interest expectation, and requires them to solve their practical problems through land acquisition and demolition package. There are also some relocated households who are driven by interests and want to make excessive demands on them by taking the opportunity of demolition, resulting in "nail households" in demolition. From the point of view of the demolished, it is natural to assist and help the demolished to solve some difficulties within their power, but it is difficult to meet their demands one by one, which is the main aspect that the demolition is difficult to carry out smoothly.
Second, the countermeasures and suggestions
1. Standardize land requisition and demolition. Laws and regulations must be improved. The state should issue special normative laws on land acquisition and demolition as soon as possible, so that land acquisition and demolition can be standardized and institutionalized in law. The local people's government must further revise and improve the regulations, measures or implementation rules on land acquisition and demolition in accordance with normative laws and the situation of provinces, cities and counties, which not only inherits the spirit of national laws, but also facilitates local practical operation. It is necessary to standardize the subject of land acquisition and demolition. According to the different nature and use of the relocation project, the relocation subject is reasonably determined. For public welfare projects related to the interests of the whole people, local governments have become the main body of land acquisition and demolition, fulfilling the rights and obligations of the main body. For commercial development projects, we should actively adopt market-oriented operation mechanism and separate government from enterprise. It is necessary to standardize decision-making behavior. The government should employ deputies to the National People's Congress, CPPCC members, perennial legal advisers, experts and scholars to participate in the decision-making related to land acquisition and demolition, and promote the democratization and scientificity of decision-making. Unify the intensity of land acquisition and demolition, the speed of development and the affordability of the people, earnestly safeguard the interests of the people, and solve practical difficulties such as housing and employment of the people. Take effectively resolving the contradiction between land requisition and house demolition as one of the important evaluation indexes for assessing political achievements, and guide leading cadres at all levels to grasp development and promote harmony. For the cultural relics, historic sites, sites, precious trees and facilities that need to be protected in the process of land acquisition and demolition, we should formulate reasonable plans and effectively strengthen protection.
2. Open relocation policy. Form a strong atmosphere of public opinion. Give full play to the guiding role of the news media, organize various fascinating, eye-catching and warm-hearted reports by using various forms that the masses like to see and hear, vigorously publicize the significance of implementing the relocation project to promote development and beautify the environment, and create a strong relocation atmosphere. It is necessary to strengthen policy propaganda. Expropriation and demolition institutions and staff can strengthen the publicity of policies and compensation standards applicable to the land to be expropriated and demolished, especially the preferential policies for expropriation and demolition, and mobilize the demolished objects to take the initiative to implement expropriation and demolition. We should do a good job of explanation. Expropriation and demolition institutions should take the initiative to enter the home, listen to the opinions and demands of the demolished objects through effective forms such as holding symposiums, dialogues and hearings, do a good job in explaining laws, regulations and policies patiently and meticulously, reasonably and excusably, resolve contradictions in time and solve practical problems.
3. Proper placement of compensation. Improve the resettlement compensation standard. Follow the law of economic development, adjust the resettlement compensation standard in time according to the changes of land market and the fluctuation of prices and house prices, so as not to widen the gap between the compensation standard of the demolished object and the real land and house prices, and prevent the phenomenon of "poverty caused by demolition". In particular, it is necessary to solve the problem of inconsistent compensation standards for similar land projects in the same area and resolutely stop the black-box operation in the compensation process. Face up to the problem of unlicensed ownership caused by historical reasons, strictly distinguish it, and implement "demolition and return" to legal areas. For undocumented areas, appropriate compensation can be given according to the standard of affordable housing. It is necessary to properly resettle landless peasants. Accelerate the establishment of the mechanism of "exchanging land for social security", fully learn from the experience and practices such as the joint-stock cooperative system, the "gold-covered silver" model and the "three-thirds system" model with the core of land management rights, improve the effective social security safety net for landless farmers, and solve the worries of landless farmers. It is necessary to formulate a scientific and reasonable compensation and resettlement plan. The implementers of land acquisition and demolition should communicate with the units and the masses in time, incorporate village-level organizations into the policy treatment of land acquisition and demolition, formulate a scientific, reasonable and operable implementation plan, and make clear provisions and detailed explanations on the working procedures, tasks and objectives, resettlement methods, compensation and rewards and punishments of land acquisition and demolition, so as to ensure the recognition of most people who have been demolished.
4. Promote land acquisition and demolition according to law. Establish relocation institutions to improve the quality of personnel. Establish a flexible and efficient organization system for land acquisition and demolition, and formulate scientific and rigorous working procedures and systems. Strengthen the training of full-time and part-time relocation workers, so that they can deeply understand the spirit of relocation laws and policies, be familiar with district conditions and mass demands, clarify work tasks and requirements, and become policy executors, work implementers and relocation negotiators. In their work, educational supervision staff insist on administration according to law, requisition and relocation according to law, emotional operation and civilized handling, strictly implement policies, and adhere to a ruler, the same conditions, the same situation and the same compensation, so as to ensure the interests of the relocated people to the maximum extent and promote their work in the understanding and trust of the masses. We should care about the disadvantaged groups and embody preferential policies. For the poor households, five-guarantee households, seriously ill patients and disabled people among the relocated people, the relocation staff should make a thorough investigation on the spot, grasp their living conditions and practical difficulties, adhere to the principle of "low if the height is not high, narrow if the width is not wide" in policy implementation, take care of them as much as possible, help them arrange their transition and medical problems after relocation, and to relieve their worries and truly "move ruthlessly", we must adhere to the law and regulations and use compulsory means. For the "nail house", we should first do ideological work patiently and carefully and solve it through active consultation. For the "nail households" who still can't reach an agreement after mediation and charge exorbitant prices, we should take facts as the basis, take the law as the criterion, stand on the standpoint of fairness and justice, and make an administrative ruling according to law to safeguard the fair interests of most people who have been demolished. For those who refuse to perform the ruling, compulsory demolition shall be carried out according to law. At the same time, actively do a good job in the relevant supporting work of forced demolition, organize courts, judicial departments, letters and visits and other departments to set up mediation teams at the demolition site to mediate or accept contradictions and disputes caused by forced demolition on the spot to ensure that the demolition work is fair, just, healthy and smooth.
I hope it helps you!