How to review the legality of the expropriation decision?

According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, lawyer Zhang Lei changed the demolition permit into an expropriation decision. Article 7 of the Regulations on the Administration of Urban House Demolition stipulates five types of materials that must be submitted when applying for a demolition permit. If the house demolition management department conducts administrative reconsideration and administrative litigation on the legality review of the demolition permit, it is necessary to submit evidence materials in accordance with this article. However, there is no such provision in the Regulations on Expropriation and Compensation of Houses on State-owned Land. The preconditions of expropriation decision stipulated in the Detailed Rules for the Implementation of Expropriation and Compensation of Houses on State-owned Land in Shanghai (No.71) are scattered in 52 articles, which are summarized by lawyer Zhang Lei for readers' reference. 1. Article 8 of the Detailed Rules for the Implementation of Expropriation and Compensation for Houses on State-owned Land in Shanghai stipulates the conditions for making expropriation decisions. Article 8 In order to safeguard national security, promote national economic and social development and other public interests, the district (county) people's government shall make a decision on house expropriation under any of the following circumstances: (1) it is necessary for national defense and diplomacy; (two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction; (three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government; (four) the needs of the construction of affordable housing projects organized and implemented by the government; (five) the needs of the old city reconstruction organized and implemented by the government in accordance with the relevant urban and rural planning provisions of the state and this Municipality; (six) the needs of other public interests as prescribed by laws and administrative regulations. As the defendant, the district government shall submit the government approval that meets one of the above conditions to the court as evidence. This is similar to project approval. 2. Article 9 of the Detailed Rules for the Implementation of Expropriation and Compensation for Houses on State-owned Land in Shanghai stipulates the relationship between expropriation decision and planning. Article 9 According to the provisions of Article 8 of the Detailed Rules, any building activities that really need to be expropriated shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning of this Municipality. The construction of affordable housing projects and the transformation of old urban areas should be included in the annual plan for national economic and social development of districts (counties). Therefore, when examining the legality of the expropriation decision, the court should ask the district government to provide evidence to prove that its decision conforms to the National Economic and Development Plan of this Municipality, the Overall Land Use Plan, the Urban and Rural Planning and Special Planning, and the Annual Plan for National Economic and Social Development of Counties. Three, the expropriation decision shall include the scope of housing expropriation, and the expropriation decision can be made only after the scope of housing expropriation is determined. Therefore, the legal document to determine the scope of expropriation is the key evidence to review the legality of the expropriation decision. Article 10: If a building project that meets the requirements of Item (1) to Item (4) of Article 8 of these Detailed Rules needs to be expropriated, the scope of house expropriation shall be determined according to the construction land planning permit. In accordance with the provisions of Item (5) of Article 8 of these Rules, the scope of house expropriation shall be determined by the municipal construction administrative department in conjunction with the municipal housing management, development and reform, land planning, finance and other relevant departments and the district (county) people's government. Other circumstances that meet the provisions of Article 8 of these Rules, the scope of house expropriation shall be determined by the municipal housing administrative department in conjunction with the relevant administrative departments and the district (county) people's government. Therefore, in order to prove the legality of the expropriation decision, the district government should submit the construction land planning permit or the government documents of six departments to determine the scope of expropriation. Four, in line with the conditions of the transformation of the old district, the collection decision needs to be agreed by the expropriated person. The result of negotiation needs to be used as evidence of legitimacy. Article 12 stipulates: after the scope of expropriation of houses rebuilt in the old city is determined, the house expropriation department shall organize the expropriated person to negotiate with the public housing tenant for reconstruction; The transformation of the old city can only be carried out with the consent of more than 90% of the expropriated people and public housing tenants. Therefore, the negotiation results of the willingness to rebuild need to be submitted to the court as evidence. Without this evidence, the specific administrative act of the government to make a decision on expropriation is illegal, and the parties concerned may bring an administrative reconsideration or an administrative lawsuit. 5. Article 17 of the Regulations of Shanghai Municipality on Expropriation and Compensation of Houses on State-owned Land stipulates that monetary compensation funds shall be paid in full before the expropriation decision is made. Article 17: Compensation includes monetary compensation funds and property rights exchange houses. Before the house expropriation decision is made, the funds for monetary compensation shall be fully in place, stored in special accounts and used for special purposes. Houses used for property rights exchange shall meet the national quality and safety standards and the requirements of the city's residential delivery permit when delivered, with clear property rights and no right burden. Therefore, the district government should provide proof that all the funds have been put in place, because it is stored in a special account, so this proof of funds should be similar to the provisions of the Regulations on the Management of Urban House Demolition, and should be the proof of compensation and resettlement funds for demolition issued by financial institutions that handle deposit business, rather than the proof materials of government departments. Six, the new regulations put forward the requirements of social stability risk assessment, and should have the corresponding assessment report. Article 18: Before making a decision on house expropriation, the house expropriation department shall, jointly with the district (county) administrative department, sub-district office and town (township) people's government, make a social stability risk assessment with reference to the relevant provisions on social stability risk assessment of major events in this Municipality, and report it to the district (county) people's government for review. Therefore, the social stability risk assessment report and the audit documents of the district government are the necessary legal documents to determine the legality of expropriation. Seven, the collection decision made by the county people's government, with the consent of the leadership meeting when necessary. Article 19: The decision on house expropriation shall be made by the district (county) people's government. Involving more than 50 expropriated persons and public housing tenants, it shall be discussed and decided by the executive meeting of the district (county) people's government. Therefore, the plaintiff can pay attention to whether the decision is included in the evidence documents submitted by the district government. Eight, the specific administrative act will not take effect until it is served on the parties, so the specific administrative act that has not been announced will not take effect on the parties. Twentieth district (county) people's government shall make a public announcement in time after making a decision on house expropriation. The announcement shall specify the compensation plan, administrative reconsideration, administrative litigation rights and other matters. ..... Therefore, the District People's Government shall provide evidence to prove whether the expropriation decision has been announced. If there is no corresponding evidence, the expropriation decision is illegal. To sum up, the review of the legality of the "expropriation decision" should be carried out from at least the above eight aspects.