How to compensate for the country's demolition now, please help God?

[Edit this paragraph] Regulations on the Management of Urban Housing Demolition The Regulations on the Management of Urban Housing Demolition promulgated by Order No.305 of the State Council of the People's Republic of China was adopted at the 40th executive meeting of the State Council on June 6, 2000 1 year1month1year. Premier Zhu Rongji June 13th, 2001 Chapter I General Provisions Article 1 These Regulations are formulated in order to strengthen the management of urban house demolition, safeguard the legitimate rights and interests of the parties involved in demolition and ensure the smooth progress of construction projects. Article 2 These Regulations shall apply to the house demolition on the state-owned land in the urban planning area, and it is necessary to compensate and resettle the people who have been demolished. Article 3 Urban house demolition must conform to urban planning, which is conducive to the transformation of old areas and the improvement of ecological environment, and the protection of cultural relics and historic sites. Fourth people should be taken in accordance with the provisions of this Ordinance, the demolition of compensation and resettlement; The person to be demolished shall complete the relocation within the relocation period. The term "demolition" as mentioned in these Regulations refers to the unit that has obtained the permit for house demolition. The term "demolished person" as mentioned in these Regulations refers to the owner of the demolished house. Fifth the State Council construction administrative departments to supervise and manage the national urban housing demolition work. The local people's governments at or above the county level shall be responsible for the management of house demolition (hereinafter referred to as the house demolition management department) to supervise and manage the urban house demolition work within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with the provisions of these regulations, cooperate with each other to ensure the smooth progress of the management of house demolition. The land administrative departments of the people's governments at or above the county level shall be responsible for the land management related to urban housing demolition in accordance with the provisions of relevant laws and administrative regulations. [Edit this paragraph] Chapter II Demolition Management Article 6 Units that demolish houses must obtain a permit for house demolition before they can carry out demolition. Article 7 To apply for a house demolition permit, the following materials shall be submitted to the house demolition management department of the people's government of the city or county where the house is located: (1) the approval document of the construction project; (two) the construction land planning permit; (three) the approval document of the right to use state-owned land; (four) the demolition plan and demolition plan; (five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business. The housing demolition management department of the people's government of the city or county shall conduct a review within 30 days from the date of receiving the application; Upon examination, if it meets the requirements, a house demolition permit will be issued. Eighth housing demolition management departments in the issuance of housing demolition permits at the same time, should be specified in the housing demolition permit demolition, demolition scope, demolition period and other matters, in the form of housing demolition notice to be published. The house demolition management department and the demolition person shall promptly publicize and explain to the demolition person. Ninth people should be taken in the demolition permit to determine the scope and duration of the demolition, the implementation of housing demolition. Need to extend the demolition period, the demolition should be before the expiration of the demolition period, apply to the housing demolition management department for an extension of the demolition; The house demolition management department shall give a reply within 10 days from the date of receiving the application for extension of demolition. Tenth people can take their own demolition, can also entrust a qualified unit to carry out the demolition. Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition. Eleventh demolition commissioned by the demolition, it shall issue a power of attorney to the entrusted demolition unit, and conclude a demolition entrustment contract. The demolisher shall, within 05 days from the date when the demolition entrustment contract is concluded, report the demolition entrustment contract to the house demolition management department for the record. The entrusted demolition unit shall not transfer the demolition business. Twelfth after the demolition scope is determined, the units and individuals within the demolition scope shall not carry out the following activities: (1) building, expanding or rebuilding houses; (2) Changing the use of houses and land; (3) renting a house. The house demolition management department shall notify the relevant departments in writing to suspend the relevant procedures for the matters listed in the preceding paragraph. The written notice of suspension shall specify the suspension period. The longest suspension period shall not exceed 1 year; If the demolition needs to extend the suspension period, it must be approved by the house demolition management department, and the extension of the suspension period shall not exceed 1 year. Thirteenth demolition and demolition shall, in accordance with the provisions of this Ordinance, conclude a demolition compensation and resettlement agreement on matters such as compensation methods and compensation amount, resettlement housing area and resettlement location, relocation period, relocation transition mode and transition period. Demolition of rental housing, the demolition should be taken and the lessee signed a demolition compensation and resettlement agreement. Article 14 If the houses managed by the house demolition management department need to be demolished, the demolition compensation and resettlement agreement must be notarized by a notary office, and the evidence shall be kept. Fifteenth after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law. Sixteenth demolition and demolition or demolition, demolition and housing tenant can not reach a demolition compensation and resettlement agreement, upon the application of the parties, the housing demolition management department ruled. Housing demolition management department is the demolition, managed by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application. If a party refuses to accept the award, it may bring a lawsuit to the people's court within 3 months from the date of service of the award. In accordance with the provisions of this Ordinance, if the demolisher has given monetary compensation to the demolished person or provided demolition resettlement houses or revolving houses, the execution of demolition shall not be stopped during the litigation. Article 17 If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to forcibly relocate, or the house demolition management department shall apply to the people's court for compulsory relocation according to law. Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. Eighteenth demolition involves military facilities, churches, temples, cultural relics and houses of foreign embassies (consulates) in China, in accordance with the provisions of relevant laws and regulations. Nineteenth has not yet completed the transfer of demolition compensation and resettlement construction projects, should be approved by the housing demolition management department, the original demolition compensation and resettlement agreement related rights and obligations will be transferred to the assignee. The transferor and transferee of the project shall, within 30 days from the date of signing the transfer contract, notify the demolished person in writing and make an announcement. Twentieth housing demolition compensation and resettlement funds should be used for housing demolition compensation and resettlement, and shall not be used for other purposes. The house demolition management department of the local people's government at or above the county level shall strengthen supervision over the use of compensation and resettlement funds for demolition. Twenty-first housing demolition management departments should establish and improve the demolition file management system, strengthen the management of demolition files. [Edit this paragraph] Chapter III Compensation and Resettlement for Demolition Article 22 The demolisher shall compensate the demolished person in accordance with the provisions of these Regulations. Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation. Twenty-third demolition compensation can be monetary compensation, but also the implementation of housing property rights exchange. In addition to the provisions of the second paragraph of article twenty-fifth and the second paragraph of article twenty-seventh, the person who is taken can choose the compensation method for demolition. Twenty-fourth the amount of monetary compensation, according to the location, use, construction area and other factors of the house to be demolished, to determine the real estate market evaluation price. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Twenty-fifth the implementation of housing property rights exchange, the demolition and demolition should be in accordance with the provisions of Article 24 of these regulations, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange. Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition. Twenty-sixth demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation. Twenty-seventh demolition of rental housing, the demolition of housing tenant to terminate the lease relationship, or the demolition of housing tenant resettlement, the demolition of compensation for the demolition. If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee. Twenty-eighth residents should provide houses that meet the national quality and safety standards for demolition and resettlement. Twenty-ninth demolition of houses with unclear property rights, the demolition should put forward compensation and resettlement programs, and report to the housing demolition management department for examination and approval before the implementation of demolition. Before the demolition, the demolition shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. Thirtieth demolition of houses with mortgages shall be carried out in accordance with the relevant state laws on guarantees. Thirty-first people should be taken to the demolition or housing tenant to pay relocation subsidies. During the transition period, if the demolished person or lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; If the demolished person or lessee uses the revolving house provided by the demolished person, the demolished person shall not pay the temporary resettlement subsidy. The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Thirty-second demolition shall not extend the transition period without authorization, and the users of the swing space shall vacate the swing space on time. If the transition period is extended due to the responsibility of the demolisher, the temporary resettlement subsidy will be increased from the month overdue for the demolisher or the lessee who arranges his own residence; The user of the revolving house shall pay the temporary resettlement subsidy from the overdue month. Thirty-third due to the demolition of non residential houses caused by the suspension of production and business, the demolition should give appropriate compensation. Chapter IV Punishment Article 34 Whoever, in violation of the provisions of these Regulations, carries out demolition without obtaining a house demolition permit shall be ordered by the house demolition management department to stop the demolition, given a warning, and imposed with a fine of more than 20 yuan and less than 50 yuan per square meter of the building area of the house to be demolished. Thirty-fifth demolition in violation of the provisions of this Ordinance, to obtain a permit for house demolition by deception, the house demolition management department shall revoke the permit for house demolition, and impose a fine of more than 0% and less than 3% of the compensation and resettlement funds. Thirty-sixth demolition in violation of the provisions of this Ordinance, one of the following acts, the house demolition management department shall order it to stop the demolition, give a warning, and may impose a fine of less than 3% of the demolition compensation and resettlement funds; If the circumstances are serious, the house demolition permit shall be revoked: (1) Failing to carry out house demolition according to the demolition scope determined in the house demolition permit; (two) entrust a unit that does not have the qualification for demolition to carry out demolition; (three) to extend the demolition period without authorization. Thirty-seventh commissioned units in violation of the provisions of this Ordinance, the transfer of demolition business, the housing demolition management department shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 25% and less than 50% of the demolition service fee agreed in the contract. Article 38 If the house demolition management department of the local people's government at or above the county level issues the house demolition permit and other approval documents in violation of the provisions of these Regulations, fails to perform the duties of supervision and management after issuing the house demolition permit and other approval documents, or fails to investigate and deal with illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious, causing heavy losses to public property, the interests of the state and the people, which constitutes a crime, criminal responsibility shall be investigated according to law. [Edit this paragraph] Chapter V Supplementary Provisions Article 39 If it is necessary to carry out house demolition on foreign-owned land in a planned urban area, it shall be implemented with reference to these regulations. Article 40 These Regulations shall come into force as of 200111. 1991On March 22nd, the Regulations on the Administration of Urban House Demolition issued by the State Council was abolished at the same time. 1. Determination of monetary compensation for residential houses Because many people who have been demolished don't know how to determine monetary compensation for residential houses, as lawyers, they should remind their clients to demolish residential houses. The amount of monetary compensation is generally determined according to the location, building structure, construction area and other factors of the demolished houses. The parties concerned should negotiate first. If negotiation fails, an assessment can be entrusted. The appraisal result should be enough to buy a house of the same level as the house to be demolished. The real estate market unit price of the demolished house is the real estate market evaluation unit price. If the evaluation unit price of the real estate market is lower than the compensation unit price standard of similar houses stipulated by the local government, it shall be calculated according to the compensation unit price standard. Demolition of public rental residential houses (including houses rented by religious organizations on behalf of the housing management department and houses managed by the housing management department according to law) that implement the rent standards stipulated by the government, if both the demolished person and the lessee choose monetary compensation, the lease relationship is terminated, and the lessee has the right to obtain monetary compensation in accordance with the proportion stipulated by the provincial and municipal governments. If the lessor and the lessee fail to reach a termination of the lease relationship, the property right exchange by area shall be implemented to ensure that the living standard of the lessee will not decline due to the demolition. Private rental housing that implements the rent standards stipulated by the government shall be handled in accordance with the provisions of the lease contract. If the value standard room is changed, the lawyer shall prompt the client to determine the monetary compensation amount according to the evaluation price of the real estate market, and then settle the difference with the real estate market price of the resettlement house. What needs special attention is that the demolished houses and the replaced houses should apply the same evaluation time, the same evaluation methods and standards. 2. Compensation and resettlement for non-residential houses When removing non-residential houses, we should fully consider the issues of demolition, local industrial and commercial level, employment and so on. Enterprises and laid-off workers cannot be closed down because of demolition except for industries that have been eliminated by the national industrial policy. Demolition of non-residential housing leased by the demolition and housing tenant agreement to terminate the lease relationship, the demolition of people to be taken compensation and resettlement; If the demolisher and the lessee fail to reach an agreement on the termination of the lease relationship, the demolisher shall carry out house exchange for the demolished person. After the exchange, the house is leased by the original house lessee, and the demolished person shall re-conclude the house lease contract with the original house lessee. In addition, the lawyer should remind the client when demolishing a non-residential house that the demolisher should compensate the demolished person or lessee for the following expenses: 2. 1 Equipment relocation and installation expenses calculated according to the freight price and equipment installation price stipulated by the state and local authorities. 2.2 Equipment that cannot be restored to use shall be merged into the newly settled expenses according to the replacement price. 2.3 Appropriate compensation for demolition and shutdown. The appropriate compensation for the suspension of production and business due to demolition here refers to the demolition of houses used for production and operation in non-residential houses, and the demolition person gives appropriate compensation to the demolished person or lessee. The compensation standard is 300-400 yuan per square meter according to the construction area of the house to be demolished, which shall be determined by the demolition parties through consultation. 3 cases that can be identified according to the compensation standard of non-residential housing. In practice, lawyers should remind clients that compensation can be made according to the compensation standard for non-residential houses in the following situations: 3. 1 If the house was originally designed as a non-residential house or was sold as a non-residential house according to law, it can be considered as a non-residential house. 3.2 If the lessee of public housing signs a public non-residential housing lease contract with the owner and establishes a public non-residential housing lease relationship, it can be recognized as a non-residential housing. 3.3 The owner recorded in the property right certificate is a unit, except that it was originally designed as a residential house and actually used as a residential house for employees or their families, it can be recognized as a non-residential house. 3.4 If a house originally designed as a residence is changed to a non-residential use, and it is used as a business place and pays taxes in accordance with the regulations of the State Council and the people's governments at or above the provincial level, appropriate compensation can be given with reference to the market value of similar local non-residential houses. 4. Compensation and resettlement for demolition of residential and non-residential houses. If the demolished person or lessee chooses monetary compensation, monetary compensation can be calculated separately according to the residential construction area and non-residential construction area; If the demolished person or lessee chooses to change houses, the price difference shall be settled according to the agreement or administrative ruling.