The new demolition regulations are re imposed to cancel the administrative demolition
New Beijing News reported in December 16th, nearly one year, the amended Regulations on housing expropriation and compensation on state owned land were published again in full public opinion yesterday, as of the 30 day of this month.
in January 29th of this year, the legal office of the State Council had consulted publicly on the draft regulations. The same legislative project, the two public consultation was extremely rare in the legislation of the administrative laws and regulations.
revise the public opinion collection and compensation to modify the leading thought of the larger
on the revision of the law. The rule of law in the draft statement announced at the same time yesterday indicates that the regulations are related to the overall situation of modernization. The core is to take both public interests and the interests of the levied people into consideration. The interests of the levied person are effectively protected. The government needs to levy houses for the sake of public interests, so that the interests of the expropriated people can not be lost, and people's understanding and support should be obtained. Compared with the draft of last consultation, the draft
has made great changes in the definition and collection of public interests.
in respect of compensation for the core of housing levy, the draft clearly defines the compensation standard for the person being charged. In the last consultation, the more than 13000 opinion concerns compensation.
a solicitation draft stipulates that the amount of money compensation is determined according to the location, use, building structure, new and old degree, and building area of the levied house, and the price of the real estate market.
the Legislative Affairs Office said that the original intention of the article was to evaluate the monetary compensation according to the market price, but this statement caused ambiguity.
in order to eliminate ambiguity, the two solicitation draft made a series of provisions to make clear, the rule of law, which can guarantee the compensation in the market can buy the market can buy the location, the area of similar housing, guarantee the living standard of the levied person does not reduce, do not make contribution to the public interest. Expropriation is a disadvantage to those who voluntarily engage in housing transactions in the market.
the public interest definition still has the "flexible"
the definition of public interest, which has been a dispute over the past few years. The law of property law has not been defined by the enumerating method when it is difficult to define.
in a solicitation draft, the public interest was enumerated, and many scholars argued about whether the reform of the old house was a public interest or not.
said that the definition of public interests must take into account national conditions. Under the conditions of socialist market economy, it is an inevitable trend to establish the social and market participation mechanism of public service supply, and it can not be used as a standard to define the public interest. The rule of law holds that the public interests and the interests of the impropriated will not be opposed, but can be unified as long as the levied person is given a fair compensation according to the price of the real estate market.
impose judicial "dismantling" to restrict the government
the previous scholars have put forward different opinions on the issue of administrative dismantling, the two solicitation draft changed the wording into forced relocation, and gave the power to the court. An important system design for the two draft of
is the establishment of an expropriation agency between government and construction units. The legal system said that the current construction unit is the demolition person, because the demolition speed and the economic interests of the construction unit and the demolition unit are easily caused by the contradictions and intensification of the demolition people and the demolition people.
set up an expropriation agency to control the close interest relationship between the expropriation party and the construction unit.
Secret
demolition "reform" three thousand people demonstrated
in fact, the revision of the regulations has been carried out since 2007.
people who participated in the legislative work of the Legislative Affairs Office of the State Council said that from 2007 to now, the relevant instructions issued by the State Council leaders for the work amounted to 53 times. After public consultation in January 29th, the leadership of the State Council made it clear that the Legislative Affairs Office should "organize experts to tackle difficulties one by one in the process of revision."
mentioned above, in the last year, the legal office and the development and Reform Commission, the Ministry of land and the working group of the Ministry of housing and urban and rural construction have jointly undertaken the work of the regulations.
after the analysis of the more than 60 thousand opinions, the legal system held various symposiums and listened to the opinions of the local government, the relevant departments, the experts, the demolished people, the developers, the Demolition Company, the evaluation organization and so on.
to take care of regional differences, the working group chose the large, middle and western cities of the East, middle and western cities to convene the Symposium on urban government leaders and the demonstration meeting of experts in law, economy, land, planning and evaluation. The symposium is different from the above symposium, which involves the definition of public interest, real estate price assessment, housing levy procedures, compensation and other issues.
the above-mentioned people said that after studying the drafting regulations, there were 43 various seminars and argumentation meetings, with a total of 1070 participants, in addition to the working group to study and discuss the meeting. After the public consultation, there were 27 seminars and more than 760 demonstration sessions.
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(1) login "Chinese government legal information network" (Web site: http://www.chinalaw.gov.cn), through the "draft regulations and regulations advice collection system" on the left side of the homepage of the website, and put forward comments on the second public solicitation draft.
(two) letter to: 1750 mailbox in Beijing (postal code: 100017), and on the envelope, please note the words "advice on housing expropriation and compensation on state owned land".
(three) e-mail sent to: fwzs@chinalaw.gov.cn
relocation of "change" event "
1991 June
"
regulation "issued
the State Council issued the" urban housing demolition management regulations ", at that time the owners of urban construction were mostly state-owned units, the government led demolition Migration is less about the difference between public interest and non-public interest.
2001 June
amended
amended "demolition regulations" promulgated and used to the present, but still do not distinguish between public welfare and commercial demolition, its operation mode still follows the construction units to the government to apply for demolition license, after approval, dismantlement, disputes by the government adjudication, demolition People refuse to remove the demolition practice of forced demolition and so on.
2004 March
the constitution added the "requisition compensation"
the fourth amendment to the constitution added "the legal private property of the citizen is uninfringed" and "the state may impose or compensate for the private property of the citizen in accordance with the provisions of the law for the needs of the public." Content.
2007 March
the property law stipulates "compensation for demolition"
the "property law" stipulates that the collective land and units, individual houses and other real estate can be collected in accordance with the law for the needs of the public interests, and the legal rights and interests of the expropriated persons shall be compensated, and the individual residence shall be expropriated. It should also guarantee the living conditions of the levied person.
2009 December 7th
scholar proposal to review "demolition regulations"
five legal scholars, Shen Gu, Wang Xixin, Jiang Mingan, Qian star and Chen Duanhong to the Standing Committee of the National People's Congress, believe that the demolition regulations and the constitution, property law, and other conflicts or conflicts, suggested to the "Regulations" Review.
2009 December 16th
the Legislative Office of the State Council Committee on Legal Office of the State Council, invited the five scholars including Peking University (of which Chen Duanhong did not attend in advance) to discuss the draft of the regulations on the expropriation of house house and the compensation for demolition of the state-owned land.
2009 December 29th
the National People's Congress organization of the National People's Congress (NPC) called
the law works committee of the National People's Congress invited the five scholars to revise the demolition regulations. All localities are required to contain the demolition and demolition during the new year and Spring Festival.
2010 January 29th
"new demolition regulations"
first levy of public opinion
the State Council Legal Office published "state land housing collection and compensation regulations (Draft)", to the public to seek public opinion.
2010 December 15th
"new demolition regulations" re levy public opinion
the State Council Legal Office published "state land housing expropriation and compensation regulations (second public solicitation draft)", again on the "new demolition regulations" legislation to seek public opinion.
(source: Peking news writer: Yang Huayun Guo Shaofeng)