Re: "Regulations on housing expropriation and compensation on state-owned land" discards two words of "demolition" for 20 years.
[b] expert reading: [/b]
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MA Huai, vice president of China University of Political Science and Law, said that the main reason for the dissension in the process of expropriation is not to accept the compensation standard, especially the compensation decision made by many expropriation departments is obviously lower than the market price, so the rights and interests of the expropriated people are not guaranteed, which has caused a lot of coercion. The problem of demolition. The new regulations clearly stipulate that the decision must be a reasonable compensation and a fair compensation. The first is that the compensation should not be levied on the market price of the housing similar to the real estate on the day of the announcement of the housing expropriation decision, that is, to determine the compensation standard by the price of the market, which is a great change. This is a measure of marketization and an important criterion for ensuring the legitimate rights and interests of the expropriated persons.
relocate
Review: fully consider the interests of the levied person
[b]: [/b]
before making the housing expropriation decision, the compensation fee should be in full place, special account storage, special funds for special purposes.
the people's Government of a city or county shall make a timely announcement after making the decision on the collection of housing. When housing is collected according to law, the right to use state-owned land is recovered at the same time.
the city or county people's Government shall make a risk assessment of social stability before making a decision on housing expropriation. The decision of the housing expropriation decision involves a large number of persons collected, which shall be determined by the discussion of the executive meeting of the government.
the levied person who is not satisfied with the housing expropriation decision made by the city or county people's Government may apply for administrative reconsideration in accordance with the law, and may also bring up administrative proceedings in accordance with the law.
[b] expert interpretation: [/b]
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Feng Changchun, director of the center for the research and appraisal of the real estate research of Peking University: now this procedure is clear, for example, to move, first move the decision, before the decision, the first plan, the public participation in the planning process, such as the hearing of the relocation compensation, listen to After the certificate is completed, it will be publicized. After the announcement, the assessment will be made, and the price of compensation will be determined after the assessment is made by the requisitioned person. And it has a condition, according to the price of a similar real estate market, to determine the compensation fee and then must first be compensated in place and then relocated, which fully considers the interests of the levied person. The non "public interests" of state owned land houses shall not be expropriation of
[b], which is clearly out of commercial purpose, is ruled out: [/b]
City and county-level people's government make a decision on housing expropriation, which must be "to safeguard national security, promote national economic and social development and so on." The need for interests "is the premise. What are the specific circumstances of the "public interest"? The new regulations list six specific contents: the needs of national defense and diplomacy; the needs of the infrastructure for energy, transportation and water conservancy organized by the government; technology, education, culture, health, physical education, environmental and resource protection, and disaster prevention and mitigation organized by the government The needs of public services such as cultural relics protection, social welfare and municipal public utilities; the needs of the construction of security and security projects carried out by the government; the need for the reconstruction of the old urban areas by the government in accordance with the relevant provisions of the urban and rural planning law; and the provisions of the laws and administrative regulations. The need for his public interest.
[b] expert reading [/b]
Shen Kui, deputy dean of the Law School of Peking University, said that the public interest is an abstract concept, and it is difficult to define the specific operation. It is a worldwide problem. The problem of the old regulations is that there is no strict distinction between public and commercial interests, especially for real estate development, and can also be removed, resulting in a lot of social contradictions. The new regulations define the public interests in a list of ways, although there are some overgeneralizations of broad tendencies, but at the very least they exclude some uses that are clearly unrelated to the public interests for commercial purposes.