What Is Demolition Waste?

The new demolition regulations are based on violent demolition, extreme confrontation, and wealth due to demolition ... Aiming at various problems in the process of "demolition", after more than two years of research and consultation, the Legislative Affairs Office of the State Council together with the Ministry of Housing and Urban-Rural Development Regulations on Land Expropriation and Compensation (Draft for Solicitation of Comments), which is intended to replace the original "Regulations on the Management of Urban House Demolition and Relocation", and will be issued on January 29, 2010

New demolition regulations are based on violence

On November 13, 2009,

On December 16, 2009, the Legislative Affairs Office of the State Council convened an expert seminar to hear experts in civil law and administrative law including five professors from Peking University.

From "demolition" to "moving": reflecting the progress of the rule of law

There has been a great change in the form and content of the publicly-approved consultation draft. According to the provisions of the consultation draft, the government can levy houses only for the needs of the seven "public interests"; only 90% of the expropriated people can agree to the reconstruction of dilapidated houses ...

Levy compensation: as fair and reasonable as possible

Not long ago, the Guiyang police reported the results of a mass incident of illegal blockage caused by violent and savage demolition. Among them, 20 criminal suspects employed by developers and involved in savage violent demolition were criminalized for crimes of intentional damage to property detention.

With the acceleration of urbanization, it is difficult to reach agreement on compensation for demolition, and violent and brutal demolition incidents occur from time to time. Individual developers have adopted intimidation, intimidation, water outages, power outages, and even illegal restrictions on the so-called "nail homes" who refuse to relocate.

It has been half a year since the "Regulations on the Collection and Compensation of Houses on State-owned Land (Draft for Soliciting Opinions)" (hereinafter referred to as "Draft for Soliciting Opinions"). When the new demolition regulations will be introduced is still unknown. Incidents of forced demolition from time to time have intensified public concerns: Will the new demolition regulations be difficult to deliver, and will it be born in the womb? What's the difficulty when the new demolition regulations are in place?

Why the original "demolition regulations" have been repeatedly attacked

"Evil laws", "unconstitutional", "protective umbrellas for local governments' excessive profit-seeking". The current "Regulations on the Administration of Demolition of Urban Houses" (hereinafter referred to as the "Demolition Regulations") have been widely criticized, and some have even publicly called them "sky anger".

"The reason why the" Demolition Regulations "are frequently attacked is that its introduction is mainly to provide a basis for the demolition of local governments." An industry authority told "

From the title to the content of "relocation", the word "demolition" disappeared and replaced by "relocation".

"Public Interest"

These regulations apply to the expropriation and compensation of houses on state-owned land for public interest needs. Some people think that 70% -80% of the current demolition is commercial demolition.

"90%"

For the reconstruction of dilapidated old houses, houses need to be requisitioned. If the consent of the requisitioned people has not reached 90%, the local people's government at or above the county level cannot make a house requisition decision?

Two "two thirds"

Houses need to be requisitioned for the reconstruction of dilapidated and old houses. Before the compensation scheme is submitted to the local people's government at or above the county level for approval, more than two-thirds of the requisitioned people should also be approved.

The compensation agreement for the reconstruction of dilapidated and old houses can take effect only when the signing rate reaches more than two-thirds within the signing period.

according to

General

Article 1 These Regulations are formulated in order to regulate the acquisition and compensation of houses on state-owned land, safeguard public interests, and protect the legitimate rights and interests of the owners of requisitioned houses.

Article 2: For the needs of the public interest, when requisitioning the houses of units and individuals on state-owned land, fair compensation shall be given to the owners of the requisitioned houses (hereinafter referred to as the requisitioned persons).

Article 3 House acquisition and compensation shall follow the principles of democratic decision-making, proper procedures and open results.

Article 4 The people's governments at the city and county levels are responsible for house expropriation and compensation in their own administrative areas.

The house collection department (hereinafter referred to as the house collection department) determined by the municipal and county-level people's governments organizes the implementation of house collection and compensation work in their respective administrative areas.

Relevant departments of the people's governments at the city and county levels shall cooperate with each other in accordance with the provisions of these regulations and the responsibilities assigned by the people's governments at the same level to ensure the smooth progress of house acquisition and compensation.

Article 5 The house collection department may entrust the house collection implementation unit to undertake the specific work of house collection and compensation. The units implementing house expropriation shall not use it for profit.

The house collection department shall be responsible for supervising the house collection and compensation activities carried out by the house collection implementing unit within the scope of entrustment, and shall bear legal responsibility for the consequences of their actions.

Article 6 The people's government at a higher level shall strengthen supervision over the work of house expropriation and compensation of the people's government at a lower level.

The competent department of housing urban and rural construction of the State Council and the competent department of housing, urban and rural construction of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, together with relevant departments of finance, land and resources, development and reform at the same level, strengthen guidance on the implementation of housing acquisition and compensation.

Article 7 Any organization or individual has the right to report any violation of the provisions of these Regulations to the relevant people's government, the house expropriation department and other relevant departments. Relevant people's governments, housing collection departments, and other relevant departments that receive reports should verify and handle the reports in a timely manner.

The supervisory authority shall strengthen the supervision of the government and relevant departments or units and their personnel involved in the work of house acquisition and compensation.

Collection decision

Article 8 In order to protect the public interests such as national security and the promotion of national economy and social development, the following situations are as follows:

(1) the needs of national defense and diplomacy;

(2) the needs for energy, transportation, water conservancy and other infrastructure construction implemented by the government;

(3) the need for the construction of a guarantee housing project implemented by the government;

(4) The need for the reconstruction of old urban areas in areas with concentrated dangerous houses and poor infrastructure, organized and implemented by the government in accordance with the relevant provisions of the Urban-Rural Planning Law;

(5) The needs of other public interests stipulated by laws and administrative regulations.

Article 9 In accordance with Article 8 of these regulations, all construction activities that do require expropriation of houses shall conform to the national economic and social development plan, overall land use plan, urban and rural planning, and

make up

Article 17 The compensation given by the people's government at the city or county level to the decision on house expropriation includes:

(1) Compensation for the value of the expropriated house;

(2) Compensation for relocation and temporary resettlement due to house acquisition;

(3) Compensation for production and business losses due to house acquisition.

The people's governments at the city and county levels shall formulate subsidies and incentives to grant subsidies and incentives to the requisitioned persons.

Article 18 If the expropriated individual meets the conditions of housing security for the expropriated person, the people's government at the city or county level that made the decision on expropriation of housing shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities.

Article 19 The compensation for the value of the requisitioned house shall not be lower than the market price of similar real estate of the requisitioned house on the date of the announcement of the house requisition decision. The value of the expropriated house shall be determined by the

legal liability

Article 30 Staff of the municipal and county-level people's governments and housing collection departments who fail to perform their duties under these Regulations or abuse their powers, neglect their duties, or engage in malpractices in the course of housing collection and compensation shall be subject to the people's government at the higher level or the people at the same level The government orders corrections and reports criticism; disciplinary actions are taken according to law; if a crime is constituted, criminal responsibility shall be investigated.

Article 31 Whoever uses illegal methods such as violence, threats, or violations of regulations to interrupt water supply, heat supply, gas supply, power supply, and road traffic to force the requisitioned person to relocate, causing losses, shall be liable for compensation in accordance with the law; Other directly responsible persons who constitute a crime shall be investigated for criminal responsibility according to law; those who do not yet constitute a crime shall be punished according to law; those who constitute a violation of public security management shall be provided according to law

Supplementary clause

Article 35 These Regulations shall become effective on the date of promulgation. The State Council announced on June 13, 2001

Source: "Demolition of the new demolition law lawyer five-point question" (Author: Wang Weizhou)

1. The definition of public interest is too vague, leaving a lot of room for local governments to operate.

Regarding public interests, the Regulations on the Collection and Compensation of Houses on State-owned Lands are as follows: In order to protect the national security and promote the needs of public interests such as national economic and social development, there is one of the following situations. The people's government makes a decision on house expropriation: (1) the needs of national defense and diplomacy; (2) the needs of energy, transportation, water conservancy and other infrastructure construction implemented by the government; (3) the science and technology, education, culture, Health, sports, environment and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, municipal utilities and other public utilities; (4) needs of government-sponsored housing construction projects; (5) government requirements for urban and rural areas Relevant provisions of the Planning Law organize the implementation of the need to rebuild old urban areas in areas with concentrated dangerous houses and poor infrastructure; (6) the needs of other public interests as provided by laws and administrative regulations.

We approve the first, second, third, and fourth items of this article, but the fifth item states that "the government shall organize the implementation of the reconstruction of old urban areas such as the concentration of dangerous houses and backward infrastructure in accordance with the relevant provisions of the Urban and Rural Planning Law. "Necessity" contains too much space. What does it mean to rebuild the old city? If the local government requisitions a citizen's house in the name of the old city transformation for investment promotion, and then transfers the land to the developer for real estate development or other commercial development, can it also be counted as public interest? The demolition law does not define the concept and standard of "reconstruction of the old city", which is a major failure. In fact, before the new demolition law was promulgated, there were many places where demolition was carried out under the names of "old city renovation" and "shantytown" transformation. However, in practice, commercial development, the new law still is so empty, can it solve practical problems?

The sixth item is a bottom line clause, which gives local governments more room to operate and is too controversial. Local governments can use the title of "public interest" in commercial development projects for reasons such as improving the image of the city and developing the economy, and the expropriated persons have no legal basis to refute them.

2. It is difficult to solicit the opinions of the requisitioned people.

Regarding the solicitation of opinions on the compensation and compensation plan, the "Regulations on the Collection and Compensation of Houses on State-owned Land" stipulates: "The housing collection department shall formulate a compensation and compensation plan and report it to the municipal and county-level people's governments."

According to this article, the opinions of the city and county governments for soliciting compensation plans are often posted as an "announcement", but as ordinary people in the suburbs and urban areas of China as expropriated people, there are a few people who have this awareness of protecting their rights. Most of them treat the compensation plan in a negligent manner, and once the 30-day period expires, the local government often decides the compensation plan according to their own intentions on the grounds that the masses have not submitted their opinions. Does this solve the problem of compensation for comments? In most cases, an empty procedure has been added. Why not solicit opinions more deeply among the masses?

3. Questions about compensation assessment.

1. It is difficult to implement the selection of an evaluation agency by the expropriated.

Regarding this issue, the "Regulations on the Collection and Compensation of Houses on State-owned Land" stipulates that: the real estate price evaluation agency is selected by the expropriated through consultation;

But how to select the expropriated, who will organize everyone to choose unanimously, I am afraid that no one is willing to take such risks. It must be explained here that according to the level of legal awareness of ordinary citizens in our country, there are few active assessment agencies to choose, and in the end, negotiation is often unsuccessful. The decision is made by the government, and there are only a few evaluation companies in each district. These companies have a close relationship with local governments. Can they make a fair evaluation?

2. Is there a feasible relief channel for unreasonable assessment?

According to the new demolition law, if there is any objection to the value of the expropriated house determined through evaluation, an application for review and evaluation may be applied to the real estate price evaluation agency. If there is any objection to the review result, an appraisal may be applied to the Real Estate Price Evaluation Expert Committee.

But let's imagine what it means for the original evaluation agency to review its own evaluation results, and basically cannot solve the problem! OK, what if I'm not satisfied with the review results? I applied for an appraisal to the Expert Committee on Real Estate Price Evaluation, and I can't help asking another question, who is the appraisal committee? Are these people official? The local government engages in the operation of assessing the price of the levy.

Fourth, the compensation compensation lessee should not be forgotten.

In the process of house acquisition, the interests of the lessee are also affected, and the lessee will also be involved in the actual losses such as relocation transition, decoration and decoration, production and business closure, and the new demolition law does not make this clear. Maybe the new demolition The law is that the lessee should negotiate with the requisitioned person. This has some truth, but it is not a good reason, because he divided the problem that was originally resolved into two phases, increasing the lessee and the requisitioned. Opportunities for conflicts between people, and in fact why is the tenant's relocation fee paid to the requisitioned person? Why don't the lessee pay the lessee for the loss of decoration and production and business suspension? Will it be the sole responsibility of the expropriated to increase social instability?

V. Legal remedies are difficult.

The biggest dispute between the expropriated and the expropriation department is often the issue of compensation standards. In the case where it is difficult to reach an agreement on compensation, the expropriation department will definitely use the evaluation results to speak. However, according to the practical problems we mentioned in the third item, the evaluation results are not necessarily reasonable.

After the county-level government makes a compensation decision, the requisitioned person can choose administrative reconsideration or prosecution, but this compensation decision is made by the government based on the evaluation results. Even if the lawsuit is brought to the court, it will find its problems. People can only eat dumb.

"The new demolition regulations have two core points in determining the amount of compensation: one is that the appraisal price" must not be lower than the market price of similar real estate of the house being requisitioned on the date of the announcement of the house acquisition decision "; the second is to emphasize the neutrality of the assessment agency. As a result of the compensation in practice, the contradiction caused by the unreasonable amount of compensation has been reduced a lot after the new regulations were introduced. "Yang Zaiming said. ^[6]