Re: new demolition Ordinance redraft opinions to abolish administrative demolitions
the amount of compensation for the value of the levied house shall not be lower than the market price of the housing similar to the real estate on the day of the announcement of the housing expropriation decision. The value of the house being levied is assessed and assessed by the real estate price appraisal institution with corresponding qualifications, in accordance with the housing levy assessment method. The value of the
1 housing is determined by the assessment and determination of the
draft: "the price of the real estate market is determined according to the location, use, building structure, old and new degree, building area of the house being expropriated." The purpose is to evaluate the monetary compensation according to the market price, but this statement has caused ambiguity. According to the comments from all walks of life, the two solicitation draft stipulates that "the amount of compensation shall not be lower than the market price of the housing similar to real estate on the day of the announcement of the housing expropriation decision."
[expert reading]
Wang Yi (Professor of Renmin University of China law school): there are two benefits: 1, the increase in the cost of compensation will have a de facto constraint on the government's decision to impose a decision. When making the decision, we should consider whether there is sufficient fund support. 2, in the past, most of the situation in the collection and removal is not disagreed with the expropriation, but is not satisfied with the compensation, and the standard is determined to protect the legitimate rights and interests of the levied person.
[article extract]
levying the houses of the units and individuals on the state owned land shall give a fair compensation to the owner of the house to be expropriated.
the compensation for the levied persons by the municipal and County People's governments of the city and the county at the county level includes: (I) compensation for the value of the house being levied; (two) compensation for the relocation and temporary resettlement caused by the collection of houses; and (three) compensation for the loss of production and shutdown due to the collection of houses.
2 expropriation to compensate for the loss of business
solicit draft provisions, to give appropriate compensation for the shutdown loss. In order to ensure the legitimate rights and interests of the levied person and enhance the maneuverability of the regulations, the two solicitation draft revised the "appropriate compensation" to determine the compensation for the ceased loss of production in accordance with the benefits of the house before expropriation, the time limit for stopping production and other factors.
[expert interpretation]
Wang Yi: the two draft of the new demolition regulations is more perfect than the last draft, including the cost of relocation and temporary resettlement, some houses are operational, and the loss of shutdown is also needed.
Li Xiaobin (director of Beijing Li Xiaobin law firm): the last draft only provided for compensation, and now increased the "fair" two words. There was no compensation for specific matters, and now it is clear that compensation includes three parts.
[clause excerpt]
the expropriated person chooses to change the property right of the building in the rebuilt section because of the reconstruction of the old urban area. The city and County People's Government of the county and the county people's Government shall provide the building of the rebuilt section or the near area. The reconstruction of the old city of
3 should be further defined by the two solicitation draft of
, which stipulates that the rebuilt of individual residences in the old urban area should be rebuilt because of the reconstruction of the old urban area. The government should provide the rebuilt location for the rebuilt location, and the government should provide the rebuilt location or the area. A house near a lot. In addition, it is also stipulated that the collection of personal housing should be accorded priority to housing security. That is to say, in addition to giving compensation, the government should give priority to the collection of people's housing security, so that they no longer wait for the waiting room.
[expert interpretation]
SHEN Kui (Professor of Law School of Peking University): this has increased the right of a person to be "moved back". The last draft only stipulates that "the expropriated person has the right to move back" but the concept of "moving back" is not clear. In the new draft, there is a clear provision for "move back", that is, to move to the original site or adjacent area of the expropriated person. In this way, "move back" will not move to a very distant place at once. There are also some people who have proposed to move back to less than a few kilometers to prevent the government agency from changing the concept, but there are too many differences in the situation, and it is not appropriate to make such a limit. In addition, the draft should be considered more carefully for the details of the compensation. For example, in the "housing security" section specifically put forward, the collection of individual housing, the person charged with housing security conditions, priority should be given to housing security.
the housing expropriation department shall establish the compensation file for housing expropriation, and make the household compensation report to all the levied persons within the scope of the house.
4 household compensation plans to publish
there is an opinion that the compensation agreement should be published, to prevent the operation of the dark box, and to oppose the announcement, and advocate the protection of the privacy of the expropriated person.
[expert interpretation]
Wang Jianwen (Beijing age nine and law firm partners): the collection of compensation files is very complete, but in the current demolition, many of the demolition people do not open the archives, sometimes even the owner of the household can not find. For example, a dispute arises between a person who has been demolished and a civil action is filed, but no evidence is available if the file is not disclosed. In addition, when the demolition compensation is made, the public does not know the compensation standard of the other party, because it is not open and mutual suspicion, it may not move away. I think this is a compensation from the government, not a commercial secret, nor a secret property, so it will not involve privacy.