First, the housing value compensation is not lower than the market price principle of similar real estate.
From a realistic point of view, all kinds of contradictions in demolition, no matter what form they take, seem to eventually fall on the issue of "resettlement compensation" Obviously, coordinating the "demolition compensation" is the top priority in the whole process of expropriation and demolition. Then, the law clearly stipulates the compensation for the value of the house in principle. Article 19 of Decree No.590 of the State Council requires that the house compensation price shall not be lower than the market price of houses of the same lot and type on the date of announcement of expropriation decision.
In practice, this may happen. The surrounding house prices are generally 10000 yuan/flat, but the standard given by the demolition party is only 56 100 yuan or even lower. To accept such compensation, the demolished person may have to make up hundreds of thousands or more to afford a similar property. This compensation standard is obviously unreasonable and illegal. At this time, the demolished person has the right to refuse the visa and to defend his rights according to law. In fact, according to the law, in the house expropriation activities on state-owned land, the surrounding house price is generally 6,543.8+0,000 yuan per square meter, and the compensation should reach at least 6,543.8+0,000 yuan per square meter, so as to ensure the living standard and quality of the demolished people.
Second, the principle of free choice of compensation for demolition.
According to Article 2 1 of Decree No.590 of the State Council, the expropriated person can choose monetary compensation or house property right exchange. The law allows the demolished to choose the compensation method according to their actual needs. For example, the expropriated house is the only house of the family, and they can ask for the change of house property rights. The demolished party should provide resettlement houses instead of giving all the money, which is conducive to protecting the legitimate rights and interests of the demolished people and reducing the occurrence of contradictions.
In practice, if the demolition party directly and rigidly stipulates that there is only one compensation method in the compensation scheme, or unilaterally determines the compensation method in the compensation decision, these are depriving the demolished person of the right to choose, which is suspected of breaking the law.
Third, the principle of compensation before relocation.
Article 27 of Decree No.590 of the State Council directly stipulates that "compensation shall be given before demolition". "Relocation after compensation first" is undoubtedly the most favorable guarantee for the demolished. Since the law gives us such rights, we must stick to our position and bottom line in the demolition. If the agreement has been signed, it must wait until the demolition party has paid all the compensation before moving, and the order cannot be reversed. If you haven't signed the agreement, or even negotiated the compensation, then don't make a move.
Fourth, the principle of prohibiting illegal forced demolition.
It is very common to use violence, threats or illegal means such as cutting off water and electricity to force people to move. Under the forced demolition, the people who were demolished were miserable, and some wanted to get rid of it early, so they compromised and signed. However, accepting an unreasonable compensation standard will have a longer-term adverse impact.
According to article 27, paragraph 2, of Decree No.590 of the State Council and other relevant laws, any form of expulsion is suspected of violating the law. Therefore, people who are forcibly relocated or demolished can not compromise, they can choose to defend their rights according to law, they can report to relevant departments, and they can even defend their legitimate rights and interests through litigation. The reason why these demolition parties dare to know the law boldly is because many of them are lucky enough to be demolished, because they don't know the law and dare not resist. Whether to compromise or fight back, the demolished people should think clearly.
Five, the principle of compulsory demolition must be decided by the court.
According to Article 28 of Decree No.590 of the State Council, the administrative organ has no right to forcibly demolish legal buildings, and the competent department must apply to the people's court for compulsory execution. Compulsory demolition must be decided by the court, which is also a guarantee for the demolished.
In practice, it is obviously illegal if there is a situation that "after the compensation decision is made, the administrative organ directly implements the forced demolition without applying to the court". In fact, any forced demolition without applicable laws is illegal. In this regard, the expropriated person should resolutely file a lawsuit, then seek dialogue and consultation to solve the compensation problem or confirm that the forced demolition is illegal, and then further apply for state compensation. The law is always the patron saint of the victims. The law only protects those who know the law. I am a lawyer in Beijing. If you need help, you can call for details. According to the law, the fees charged by the victim's lawyer are not stipulated by the state, and there are some differences in different regions, which are roughly as follows:
(a) cases that do not involve property relations, 3000 yuan/piece, up 50%, up and down unlimited;
(two) cases involving property relations, according to the proportion of the disputed subject matter, within the prescribed range, according to the difference quota and progressive method to calculate the specific charging standards:
Proportion of cost and amount of litigation object
1 ten thousand yuan (including 1 ten thousand yuan) 800 yuan/piece.
4% from 1 ten thousand yuan to 1 ten thousand yuan (inclusive);
65438+ 10,000 yuan to 500,000 yuan (including 500,000 yuan) 3%;
500,000 yuan to 6,543,800 yuan (including 6,543,800 yuan) 2%;
1 10,000 yuan to 5 million yuan (including 5 million yuan)1%;
5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) 0.5%;
100000 yuan to 50 million yuan (including 50 million yuan) 0.25%;
More than 50 million will be negotiated by both parties.
The above fees can be increased by 30%, and there is no upper limit for downward adjustment. If the case involves both property relations and non-property relations, it shall be calculated according to the higher one.
(3) Cases of second instance shall be charged according to the charging methods and charging standards determined in the first instance stage, but if the fees are entrusted in the final stage, the fees shall be halved at this stage.
(4) In cases involving property relations, both parties shall negotiate to implement risk agency, and the maximum fee shall not be higher than 30% of the client's actual property interests.
(3) Time charging
1. Charging standard: 200 yuan-2,000 yuan per hour. The law firm and the client shall agree on the hourly charging standard and settlement method within the above range.
2. Up and down fluctuation range: 20%
(four) increase the number of counterclaims, counterclaims can be reduced according to the above standards.
(five) the case sent back for retrial, handled by the original lawyer, can be reduced or exempted according to the original fee standard.
(6) Risk agency fee
(7) Legal documents: write, modify and review legal documents. According to the nature of legal documents, the degree of difficulty, the time required for work and other factors, the fee for each document is between 600-2000 yuan through consultation;
(8) Lawyer's witness: According to the nature of legal documents, the required time and other factors, the fee is negotiated between 2000- 10000 yuan/piece.
(9) Attorney's notarization: the negotiation fee is between1500-3,000 yuan/piece for different notarization affairs of lawyers;
(X) Lawyer's Letter and Legal Opinion: The fee for issuing a lawyer's letter or legal opinion for the client shall be determined through consultation according to the difficulty of related affairs, the purpose of use, the time required for work and other factors. , each between1.500-20,000 yuan.
(1 1) Lawyer survey: negotiate fees according to the investigation items.
The maximum agency fee shall not be higher than 30% of the amount of the subject matter agreed in the contract, except for legal services with market-adjusted prices.
The above is the basic price of lawyer's fees, which are charged in strict accordance with the standards stipulated by law. However, in practice, the determination of attorney fees should be determined by the parties and lawyers through consultation, because attorney fees are commercial expenses, and if the determination of relevant circumstances is agreed, the payment can be appropriately reduced. If the parties are unable to pay the lawyer's fees, they can also be dealt with through designated defense.
How to calculate the lawyer's fee for house demolition?
Every lawyer charges different fees, and so do local lawyers. The details will be decided by both parties through consultation according to the specific situation.
Is the lawyer's fee for land acquisition and demolition expensive?
20 1 1 the State Council promulgated the regulations on expropriation and compensation of houses on state-owned land. As soon as this regulation came out, forced demolition began to enter the historical stage, and this regulation determined the following principles:
1, demolition can only be the responsibility of the government. The history that developers were responsible for tearing things down is gone forever. Since the government is responsible, once the demolition causes disputes and social contradictions, the government will be responsible. In the past, the government could push everything to developers, but now it can't, and it can only face it by itself;
2. The compensation for house demolition shall not be lower than the market value of houses in the same lot. For example, the average price of this community is 4 1000 square meters, and the government's compensation for demolition cannot be lower than 4 1000 square meters, otherwise it is illegal. As soon as this provision came out, it completely curbed the local government's eagerness for low-cost demolition.
3. If the demolition is forced, the consent of the court must be obtained. After all the preparation materials are ready, we will report to the court. If the court thinks it can, the court will forcibly remove it, or the court will entrust the local government to forcibly remove it. The local government cannot directly dismantle it by itself. As soon as this move came out, it deprived the local government of the right to demolish and handed it over to the court. The Supreme People's Court made a special article on this, the central idea is that the local court must be cautious when examining whether to agree to the forced demolition.
There are several things that must be done before the court agrees to the demolition.
First, it depends on whether the local government has paid the money that should be compensated to the demolished person to a special bank account in accordance with the demolition policy;
The second is to assess whether there is a risk of public opinion, and whether the demolition will intensify social contradictions;
Third, all the legal procedures have been completed.
Therefore, to sum up, as soon as this regulation comes out, the spring of demolition lawyers will come, because local governments have to strictly follow the legal requirements when they want to demolish, and once they want to abide by the law, the role of lawyers will emerge.
Demolition lawyers can participate in any stage from demolition to completion. Lawyers in different places charge different fees at different stages.
Beijing demolition lawyers are the most famous. Because of local demolition, local lawyers are unwilling to take over for various reasons. Beijing lawyers are not afraid of local governments, and locals often like to come to Beijing to find lawyers, so many demolition lawyers and even law firms specializing in demolition have been born.
So to put it simply, the demolition lawyers in Beijing are basically more expensive than the local ones;
Second, if you want to participate in the demolition stage and take the extension of the demolition time as a bargaining chip with the demolition office, then you need a lawyer to participate in the whole process. Lawyers will naturally extend the demolition time after completing legal procedures with the local government. In this case, the lawyer's fee will naturally not be cheap, but you can also agree with the lawyer on risks, such as the extra money to be returned, and share it equally between two people according to a certain proportion.
Therefore, I can't give a clear answer to the subject's question. I can only give a rough answer as far as possible.