Regulations on compensation for rural house demolition

(Reporter Yi Jing) In the future, all compulsory demolition plans will be decided by the court, and the administrative department will no longer decide whether to demolish them. Yesterday, the reporter was informed that in the new version of the new demolition regulations-"Regulations on the Expropriation and Compensation of Houses on State-owned Land (Draft)", "the compulsory administrative demolition was cancelled". Breakthrough in compensation for demolition: The new demolition regulation "Regulations on Expropriation and Compensation for Houses on State-owned Land (Draft)" has been open for comments since this year129 October, and there is little news of progress since 65438. According to yesterday's "Legal Daily" report, after soliciting opinions, the relevant legislative departments held dozens of demonstration meetings, consultation meetings and symposiums. Nearly 1,000 experts, scholars and practical workers in the fields of law, economy, planning, land, evaluation and so on participated, and nearly 10,000 written opinions were collected before and after. It is reported that the new version of the draft has matured after repeated brewing and revision, and its highlights are "compensation marketization and humanization" and "house expropriation implementation agencies must not be for profit". Some experts said that compared with the draft for comments published at the beginning of this year, there have been breakthroughs in compensation for demolition, definition of public interests, collection procedures and forced demolition. Demolition emphasizes judicial procedure Yesterday, Professor Xue Gangling, Dean of the Law School of China University of Political Science and Law, who participated in the discussion of the new demolition regulations for many times, said that the new draft generally tends to cancel administrative compulsory demolition and take judicial procedures when using compulsory demolition. Earlier, Professor Shen Yao, vice president of Peking University Law School, who had written to the National People's Congress Standing Committee (NPCSC), confirmed in an interview with the reporter of Legal Daily that the new draft deleted the compulsory administrative demolition. However, Wang Xixin and Jiang Mingan, professors of Peking University Law School, and Xue Gangling, professor of China University of Political Science and Law, all said that they did not know when the new demolition regulations would be introduced. In an interview with a reporter from the Legal Daily, Shen Hui said, "The new demolition regulations may be solicited again or announced directly. For a regulation, it will be unprecedented to ask for opinions twice. Directly announced, we must fully explain the reasons, dispel doubts and doubts, and openly choose the reasons for legislative opinions. In short, the new demolition regulations should be introduced as soon as possible and the reasons should be publicly explained. " Wang Xixin said that the new demolition regulations dragged on for too long, and the information in the later period was not open enough. In the long wait, anxiety will arise. In the end, it is likely that there will be a big gap between the new regulations and people's expectations, which is a challenge. Memorabilia of the new demolition regulations ☆ On February 7th, 2009, at 65438, five legal scholars from Peking University, Shen Mao, Qian Mingxing and Chen, suggested that the National People's Congress Standing Committee (NPCSC) review the demolition regulations. ☆ On June 5438+February 65438+June 6, 2009, the Legislative Affairs Office of the State Council organized a forum and invited experts including these five Peking University scholars (among whom Chen was absent due to an appointment) to discuss the Bill on Compensation for Expropriation and Demolition of Houses on State-owned Land. ☆ On February 29th, 2009, at 65438, NPC Law Committee invited these five scholars to discuss the revision of the demolition regulations. They bluntly said that the phenomenon of surprise demolition in some places has been serious recently, and suggested that NPC Political and Legal Committee and the State Council should pay attention to it, and the State Council should issue a notice asking all localities to curb the phenomenon of surprise demolition on New Year's Day and Spring Festival. ☆20 10 65438+29 10 "Regulations on Expropriation and Compensation of Houses on State-owned Land (Draft)" was publicly solicited for comments. ■ Focus 1 "Administrative Demolition" It is proposed to cancel administrative compulsory demolition, and judicial procedures should be taken when using compulsory demolition. & gt& gt According to the current Regulations on the Administration of Urban House Demolition, if the demolisher and the demolished person or the demolished person and the lessee fail to reach an agreement on compensation and resettlement for demolition, the house demolition management department will make a ruling upon the application of the parties concerned. If one party refuses to accept the ruling, he can bring a lawsuit to the court. If the demolished person fails to relocate within the relocation period stipulated in the ruling, the municipal or county government where the house is located shall instruct the relevant departments to forcibly relocate, or the house demolition management department shall apply to the court for compulsory relocation according to law. In practice, it is often the local government that organizes urban management and public security departments to be present. In most cases, buildings are demolished by the personnel of the demolition company. & gt& gt Professor Jiang Ming 'an, a legal scholar who interprets that the government cannot be both a referee and an athlete, said that according to the current regulations, the forced demolition entrusted by the government departments to the relevant departments belongs to administrative compulsory demolition. It is the relevant administrative department that issues the demolition permit, and it is also the relevant administrative department that can decide whether to demolish or not. It is unreasonable to be both a referee and an athlete. The court is not a party to the house expropriation, and its position is relatively neutral and detached, and the procedure for applying to the court for execution is more strict. Some experts have analyzed that the cancellation of administrative compulsory demolition will objectively make the government reduce the application for compulsory demolition as much as possible, strive to reach a compensation agreement with the expropriated person, protect the interests of the expropriated person to the greatest extent, and theoretically reduce the probability of violent demolition. Xue Gangling said that emptying the building involves many interests. For example, sometimes 90% people agree with the demolition, and 10% people disagree. Is it demolition or not? Is it impossible to tear it down without a person's consent? In practical work, there are also cases in which relocated households ask exorbitant prices. Especially when it involves the public interest, it is necessary to forcibly remove, but we should pay attention to the way. Jiang Mingan said that the cancellation of compulsory administrative demolition is a retrogression and can only be decided by the court. Originally, all compulsory acts should be decided by the court, which is a balance that should exist. In the whole process of forced demolition, the supervision of the court is also very important, so as to avoid problems as much as possible. & gt& gt suggested that it is very important to train the demolitions executors. In recent years, there have been many forced demolition, including administrative forced demolition, and many vicious incidents have occurred. Professor Xue Gangling, who has participated in the discussion of the new demolition regulations for many times, believes that many vicious incidents have occurred in the process of compulsory demolition. At present, it is very important to train a group of strictly trained demolitions executors and formulate a set of procedures and norms for demolitions to ensure that no danger occurs during demolitions. However, the public version of the previous new demolition bill clearly stipulates that it is strictly forbidden to take forced demolition by means of water, electricity, gas and circuit interruption. , forcing the expropriated person to move. ■ Focus 2: The draft compensation for demolition emphasizes the compensation for houses that individuals need, including the compensation for the value of houses to be expropriated and the losses caused by relocation, temporary resettlement and suspension of production and business. The compensation for the expropriated house shall not be lower than the market price of similar real estate. & gt& gt Although the current compensation standard for demolition is publicized, there is a lot of room for bargaining. The final compensation for the same lot may vary greatly and will not be made public. Due to opacity, some people who have been demolished have doubts, compare with each other and worry about losses, which leads to the delay in demolition and affects the progress of the project. & gt& gt's explanation of demolition compensation is clearer and more open. Xue Gangling said that the new draft not only emphasizes the amount of compensation, but also emphasizes the flexibility and diversity of compensation methods, such as providing property rights replacement and relocation. "The overall feeling is that the draft emphasizes the humanization of compensation and meets individual needs." Chai Qiang, vice president of China Real Estate Appraisers and Real Estate Agents Association, who has read the new draft for comments, said in an interview with the reporter of Legal Daily that the issue of compensation is much clearer than the draft for comments at the beginning of the year. Ordinary people can clearly know which situations should be compensated and which situations should not be compensated. According to reports, the new draft insists on fair compensation, so that the expropriated people who have contributed to the public interest will not suffer losses, their living conditions will be improved and their living standards will not be reduced compared with those who voluntarily trade houses in the market. "Also, for the expropriated people with poor housing conditions, in addition to compensation according to regulations, they can also give priority to housing security without queuing; Before the forced demolition, monetary compensation or property rights exchange rooms and turnover rooms must be in place. In addition, the draft requires disclosure of compensation, which can dispel mutual suspicion and comparison. " Chai Qiang said. On the issue of compensation, some experts believe that there is a tacit understanding between the relevant provisions, that is, the government will not give higher compensation because the expropriated person delays blindly without justifiable reasons, nor will it deliberately depress compensation because the expropriated person does not cooperate with the expropriation. Whether illegal buildings should be compensated is also controversial. The new draft suggests not to unify all enterprises. Confirm that illegal buildings that should not be compensated, especially those newly built, expanded or rebuilt after the announcement of the scope of collection, will not be compensated. ■ Focus 3 The demolition permit will become the main body of the historical draft, that is, the government. Developers or demolition companies are not allowed to participate in the demolition in the future, which means that the demolition permit will completely withdraw from the historical stage in the future. & gt& gt The current situation is designed according to the current system. As an intermediary, the government, that is, the developer, applies to the government for a demolition permit, and the developer carries out the demolition after examination and approval. In order to maximize profits, developers who become the main body of demolition often try their best to reduce the compensation for demolition and speed up the demolition progress, which leads to vicious incidents in some areas. & gt& gt Wang Xixin, a professor at Peking University Law School, said that only by establishing the leading position of the government in collecting compensation can the relationship between vacating and demolition be straightened out. Defining government expropriation is a complete subversion of the current operation. Xue Gangling said that this pushed the government to the front desk. "The specific implementation of expropriation is actually an extension of administrative functions, so this institution should be a career establishment, not for profit. The house expropriation department shall bear corresponding legal responsibilities for the expropriation and compensation behavior of the specific implementation unit. " It is reported that the new draft also clarifies that the house expropriation department may entrust the relevant units to undertake specific tasks, such as household surveys and consultations with the expropriated persons, but the units shall not aim at making profits.