Zhongshan criminal litigation lawyer's charging standard

In order to implement the Guangdong Province Land Acquisition Compensation Guarantee Standard (revised and adjusted in 20 10) (Guangdong Land and Resources Utilization and Development [201] No.21), further standardize the land acquisition compensation work in our city, protect the legitimate rights and interests of the expropriated people, and promote the harmonious social and economic development of our city, According to "People's Republic of China (PRC) * * * and" Land Management Law of the People's Republic of China ":Measures" and other relevant laws and regulations, combined with the actual situation of this Municipality, the following opinions are put forward on the collection and compensation of traffic infrastructure and public welfare construction projects (hereinafter referred to as "projects") within the jurisdiction. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

The first is to levy compensation standards for collective agricultural land.

(a) compensation standards for land acquisition (including land compensation fees and resettlement subsidies). DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

The area of collective land expropriated shall be subject to the scope determined by the red line of land requisition for the approved project, and the land type shall be subject to the confirmation of the municipal land administrative department. According to the Protection Standard for Land Expropriation Compensation in Guangdong Province (revised and adjusted in 20 10) (Guangdong Land and Resources Utilization and Development [201] No.21), the eastern district, Shi Qi district, western district, southern district, Xiaolan town, sanxiang town, shaxi town and Guzhen town belong to. Torch District, Wuguishan, Dongfeng Town, nantou town, Dongsheng, henglan town, Dayong, tanzhou town, Huangpu, Sanjiao, nanlang town, Minzhong, Fusha, Port, shenwan town and Banfu belong to four types of areas. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

1. The compensation standards for three types of areas are: 780,000 yuan/ha for cultivated land, 600,000 yuan/ha for garden land, 277,000 yuan/ha for forest land, 8 1 10,000 yuan/ha for aquaculture water surface and 240,000 yuan/ha for unused land. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

2. The compensation standards for the four types of areas are: cultivated land 702,000 yuan/hectare, garden land 540,000 yuan/hectare, forest land 250,000 yuan/hectare, aquaculture water surface 729,000 yuan/hectare, and unused land 2 1.6 million yuan/hectare. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(2) Young crops compensation standard. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Young crops compensation fee is calculated according to the actual planting situation at the time of announcement before land acquisition. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

1. Paddy field 2000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

2. Grassland 3000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

3. The vegetable field is 3,000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

4. Aquaculture: The four major fish, their parent fish and feed fish are 3,500 yuan/mu, high-quality fish such as eel and osmanthus fish are 5,500 yuan/mu, soft-shelled turtle is 6,000 yuan/mu, and shrimp is 4,000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

5. Continuous planting: ddY Deep Law Network-information platform for lawyers, law firms and laws and regulations.

(1) banana forest 6000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(2) Litchi and longan trees: if the average crown of each plant is more than 6 meters (including 6 meters) and the planting density is not less than 18 plants/mu, the compensation per mu is 35,000 yuan; The average crown is 3 meters (including 3 meters) to 6 meters/plant, the planting density is not less than 30 plants/mu, and the compensation per mu is 25,000 yuan; The average crown of each tree is 1 m (including 1 m) to 3 m, and the planting density is not less than 70 plants/mu, and the compensation per mu is 1.5 million yuan; If the average crown of each tree is below 1m and the planting density is not less than 150 plants/mu, the compensation per mu will be 5,000 yuan. If two or more fruit trees with average crown width are planted together, the average value shall be calculated in proportion. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(3) Compensation standards for other miscellaneous fruits (including mango, grape, plum, pomelo, orange, orange, persimmon, wampee, guava, pitaya, etc.). ): If the average crown of each tree is more than 5 meters (including 5 meters), the compensation per mu will be 20,000 yuan; The average crown of each tree 1 m (including 1 m) to 5 m, and the compensation per mu is 1.5 million yuan; The average crown of each tree is below 1 m, and the compensation per mu is 0.5 million yuan. If two or more fruit trees with average crown width are planted together, the average value shall be calculated in proportion. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(4) Strawberries are 3000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(5) Economic forest and bamboo forest are 3,000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

6. Nursery only makes relocation compensation. Nursery relocation fee is calculated per plant 1 yuan, and the maximum compensation amount does not exceed 20,000 yuan/mu. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

7. Huamuchang only carries out relocation compensation, and the relocation expenses and losses caused by relocation are assessed and determined by an assessment agency with corresponding qualifications. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

8. Special planting (breeding) shall be compensated for relocation only after it is recognized by the relevant administrative department, and the relocation expenses and losses caused by relocation shall be assessed and determined by an assessment agency with corresponding qualifications. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

9. Woodland. If the forest land is used for planting, but the lease agreement has not been signed with the collective economic organization to which the forest land belongs or the legal approval document for the use of the forest land has not been obtained, the compensation object shall be the collective economic organization to which the forest land belongs; Has signed a lease agreement with the collective economic organization to which the forest land belongs or has obtained the approval document for the legal use of the forest land, and the compensation object is the lessee or the unit or individual that has obtained the approval document for the legal use of the forest land. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

10. With the approval of the municipal departments of agriculture, forestry and fishery, the unreasonable planting and breeding parts beyond the normal planting and breeding specifications and quantities will not be compensated and will be cleaned up by themselves. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

1 1. The young crops for which compensation has been levied shall be handled by the collection department. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

12. The young crops planted after the pre-announcement of land requisition by the government will not be compensated. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

13. Temporary structures used for agricultural production shall be compensated according to the compensation standard for attachments on collective construction land. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

14. See the annex for the compensation of sporadic young crops. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Two, the collection of collective construction land compensation standards. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(a) expropriation of collective construction land, compensation according to the market evaluation price. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(2) Compensation standards for attachments on collective land. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

1. Compensation for moving graves. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(1) General earth grave: 2,000 yuan/hole. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(2) Bone altar: 1000 yuan/piece. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(3) Brick or cement tomb: 3,000 yuan/hole. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(4) Compensation for large luxury cemeteries shall be negotiated separately. If negotiation fails, it shall be assessed and determined by an assessment agency with corresponding qualifications. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

2. Compensation fees for buildings (structures). DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(1) Frame structure house with complete water and electricity: 1500 yuan /m2. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(2) Mixed structure house with complete water and electricity: 1200 yuan /m2. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(3) Brick and wood structure houses: 950 yuan /m2. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(4) Simple structure (cowshed, pigsty, brick-wood house with drip eaves less than 3m): 400 yuan /m2. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(5) Star rating: 650 yuan/m2. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(6) Fence: 120 yuan/m2; Retaining wall: 250 yuan /m3. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(7) Cement floor and threshing floor: 70 yuan/m2; Brick-concrete septic tank and pool: 450 yuan/m3; Hmm: 1300 yuan/Kou. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(8) Decoration: compensation shall be made according to the evaluation price of an evaluation agency with corresponding qualifications. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(nine) houses with legitimate business functions shall be compensated for the corresponding relocation expenses and the loss of production and business suspension according to the evaluation price of the corresponding qualification evaluation institutions. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(10) Water, electricity and moving are subsidized at 3000 yuan per household; If resettlement compensation is adopted, the temporary resettlement fee shall be compensated according to the standard of the demolished house per square construction area 12 yuan/month1February, and each household shall not be less than 500 yuan/month. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(3) The attached objects on the ground for which the compensation standard is not specified in this article shall be subject to the assessment report issued by an assessment agency with corresponding qualifications. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(4) If the requisitioner and the expropriated person fail to negotiate on the compensation for the ground attachments, they may entrust an assessment agency with corresponding qualifications for assessment. If the collector or the expropriated person disagrees with the evaluation report, he may apply to Zhongshan Real Estate Appraisal Expert Committee or expert appraisal institution for review within 10 days from the date of receiving the evaluation report. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(five) the illegal buildings identified by the relevant administrative departments and the temporary buildings exceeding the approved use period shall not be compensated in principle. After the announcement of land pre-requisition, the buildings robbed by the expropriated people are not included in the scope of compensation. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Three, power lines (poles, towers), communication facilities, water conservancy facilities, oil (gas) pipelines, underground water supply pipelines (networks), cables and optical cables and other compensation standards shall be determined by the project unit and the owner according to law. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Iv. Payment and management in land acquisition compensation. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(a) land units must pay land acquisition compensation according to the relevant provisions of the contract. After paying the compensation for land acquisition as agreed, the expropriated person shall deliver the land within the agreed time limit. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(two) the people's governments of cities and towns (street offices) and villagers' committees will disclose the standards and methods of land acquisition compensation to the expropriated people to ensure the timely and full payment of compensation. City, town (District) supervision, finance and auditing departments should strengthen the supervision of the legitimate and rational use of land acquisition compensation. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Verb (abbreviation of verb) Dispute settlement of land expropriation compensation. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(1) If the expropriated person refuses to move after receiving the compensation, it shall be enforced through judicial procedures according to law. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(two) the ownership of the expropriated land is disputed, and after the Municipal People's Government mediates to determine the ownership, the land acquisition compensation shall be handled through consultation according to law. No one shall unreasonably obstruct the construction. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

(3) If there is any dispute over the compensation standard for land acquisition, the local town people's government (district office) shall coordinate and solve it; If the coordination fails, it shall be decided by the people's government that approved the land acquisition. If the expropriated person fails to receive compensation within the time specified by the municipal land administrative department, or there is controversy over the compensation and resettlement for land acquisition, it will not affect the implementation of the land acquisition plan. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Six, in order to ensure that the land acquisition work is implemented, the project land acquisition work implements the territorial responsibility system. Town People's Government (street office) is the implementation unit of land acquisition within its jurisdiction. Villages and towns along the project are responsible for organizing the specific implementation of land acquisition compensation for the project and the coordination of local relations involved in the process of land acquisition construction, doing a good job of the people who have been expropriated, and implementing land acquisition compensation in full and on time. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

The main administrative leaders are always responsible for the land acquisition tasks undertaken by towns, and the work effect is one of the performance evaluation indicators of the township party and government leading bodies, and the corresponding reward and punishment mechanism is established, which will be specifically studied and formulated by the municipal assessment office in conjunction with relevant departments. The municipal competent department of land acquisition shall assist towns to carry out relevant land acquisition work, and provide business and technical guidance. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

The relevant administrative departments of the city should innovate ideas and formulate convenient and efficient procedures for land acquisition, and the municipal supervision department should conduct special supervision on the implementation of land acquisition by various functional departments and towns. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Seven, because of the real estate expropriation related to the project construction, it is necessary to compensate by property right replacement, and the land used for compensation has obtained the construction land use right certificate and the land use right holder belongs to the unit or collective organization dominated by the public ownership economy. According to the expropriation compensation agreement signed in the process of real estate expropriation, the land registration certificate can be issued to the expropriated person in the form of agreement transfer. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Eight, according to the standards determined in this opinion, it is impossible to reach a compensation agreement with the expropriated person on the compensation fee, and the assessment report of the corresponding qualification assessment agency shall be used as the compensation basis. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Nine, the compensation basis for land acquisition and retention shall be implemented in accordance with the relevant provisions of the state and the province. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Ten, this opinion shall come into force as of the date of promulgation. Traffic infrastructure and public welfare construction projects approved by the development and reform department before the release date shall be implemented according to the original compensation standard; After the release, the transportation infrastructure and public welfare construction projects approved by the development and reform department shall be implemented in accordance with the compensation standards of this opinion. The compensation standards for recovering the right to use state-owned land and expropriation of houses on state-owned land shall be implemented in accordance with the Land Administration Law, the Property Law, the Regulations on Expropriation and Compensation of Houses on State-owned Land and other relevant provisions. Compensation for state-owned agricultural land and land compensation for other approved expropriation projects can be implemented with reference to this opinion. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Notice on Issues Concerning Compensation Standards for Land Requisition and Demolition of Transportation Infrastructure and Public Welfare Construction Projects (Zhongfu [2008] No.82) shall be abolished at the same time. DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

Attachment: standard table of compensation for sporadic young crops ddY- information platform for lawyers, law firms and laws and regulations

DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

DdY Deep Law Network-Information Platform for Lawyers, Law Firms and Laws and Regulations

DdY Deep Law Network of Zhongshan Municipal People's Government-Information Platform for Lawyers, Law Firms and Laws and Regulations

2065438+September 20, 2002 ddY Deep Law Network-information platform for lawyers, law firms and laws and regulations

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