The circular requires all regions and relevant departments to conscientiously implement the Regulations on Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the Regulations) promulgated and implemented by the State Council in June 5438+ 10 this year and the Emergency Notice of the General Office of the State Council on Further Strengthening the Management of Land Requisition and Demolition to Effectively Safeguard the People's Legal Rights and Interests (State-run Power Generation [20/KLOC-0]/KLOC-0). Act in strict accordance with laws and procedures, earnestly implement the responsibilities of local governments, resolutely stop illegal forced demolition and violent demolition, prevent and resolve contradictions from the source, and realize legal, civilized and harmonious demolition.
The notice pointed out that this special inspection should highlight the following three contents: First, check the implementation of the "Regulations" and other relevant provisions on land acquisition and demolition. Including the publicity and study of laws and regulations; Training of relevant personnel for land acquisition and demolition; Land acquisition and demolition decision to solicit opinions from the masses; Social stability risk assessment; The compensation plan seeks the opinions of the masses; Determination and implementation of housing expropriation evaluation and compensation standards; Compensation is paid in full and on time; Compensation before the implementation of the demolition; The establishment of housing levy departments and levy implementation units; Clean up and revise local regulations and normative documents; To formulate local regulations and policies for supporting regulations; Formulate and implement resettlement and security policies; Apply to the people's court for execution. The second is the implementation of the responsibility of land acquisition and demolition. Including the implementation of the responsibilities of the main leaders and leaders in charge of local governments at all levels; The implementation of the management responsibility of government departments; Construction of investigation and mediation mechanism for contradictions and disputes in land acquisition and demolition. The third is to investigate and deal with illegal cases of land acquisition and demolition. Including illegal forced demolition and violent demolition cases; The responsibility of the leaders involved, the responsibility of the management department, and the accountability of the person directly responsible; Handling of suspected violations of law and discipline.
The notice requires that this special inspection be carried out in two stages. The first stage of the provinces (autonomous regions and municipalities) people's government in accordance with the requirements of the notice immediately to carry out a comprehensive self-examination, June 20, the formation of self-examination report submitted to the State Council. In the second stage, from the end of June, an inspection team composed of the Ministry of Housing and Urban-Rural Development, the Ministry of Land and Resources, the Ministry of Public Security, the Ministry of Supervision, the Ministry of Agriculture and the Legislative Affairs Office will conduct key inspections, and the inspection results will be notified in time.
The notice stressed that all provinces (autonomous regions and municipalities) should attach great importance to it, fully understand the importance of doing a good job in land acquisition and demolition, earnestly take responsibility, and ensure that all system provisions are fully implemented in their respective regions. Strengthen the supervision and inspection of land acquisition and demolition work in this area, urge the cities and counties under their jurisdiction to act in strict accordance with legal provisions and procedures, do a good job in mass work, and take effective measures to ensure that illegal demolitions and violent demolitions will not happen again. Provinces (autonomous regions and municipalities) should immediately deploy, pay close attention to the formulation of work plans, refine work requirements, clarify work responsibilities, ensure the implementation of special inspections, and actively cooperate with the work of the State Council Inspector Group. It is necessary to immediately conduct a comprehensive inspection of the implementation of the land acquisition and demolition system in this area, correct the existing problems in time, and ensure the effectiveness. Before the implementation of the "Regulations", the projects that have obtained the house demolition permit according to law shall be thoroughly cleaned up immediately, and effective measures shall be formulated to resolve contradictions and disputes, but the government shall not instruct the relevant departments to forcibly dismantle them.
The circular requires all provinces (autonomous regions and municipalities) to urge the municipal and county governments under their jurisdiction to conscientiously implement the requirements of the Regulations and the Emergency Notice, and pay close attention to rectifying the problems found in self-inspection. Resolutely investigate and punish cases of illegal demolitions and violent demolition according to law, and those responsible for illegal demolitions should be dealt with according to law; For departments that neglect their duties, the responsibility of the person in charge of the department should be seriously investigated; If the circumstances are serious and the influence is bad, the responsibility of relevant local leaders shall be investigated according to law; If the case constitutes a crime, it should be promptly transferred to judicial organs and investigated for criminal responsibility according to law. Efforts should be made to improve relevant systems, establish and improve a long-term mechanism to prevent and resolve conflicts and disputes over land acquisition and demolition, and earnestly safeguard the legitimate rights and interests of the people and social harmony and stability.