The housing levy and Compensation Ordinance on state owned land should first be compensated and relocated after the collection of housing.
the State Council Prime Minister Wen Jiabao signed the State Council decree "Regulations on housing expropriation and compensation on state owned land". The regulations shall be implemented as of the date of promulgation. The regulations on the management of urban housing demolition promulgated by the State Council in June 13, 2001 shall be abolished simultaneously. The
regulations are five chapters and thirty-five articles. The purpose is to standardize the levying and compensation activities on the house on the state-owned land, to safeguard the public interests and to protect the legitimate rights and interests of the owner of the house being levied. The
regulations stipulate that the compensation given by the municipal and County People's governments at the city and county level for the housing expropriation includes compensation for the value of the house expropriated, the compensation for relocation caused by the house, the compensation for temporary resettlement, and the compensation for the loss of the shutdown due to the expropriation of the house.
the people's Government of the city or county that has made the decision on the housing expropriation shall apply for compulsory execution by the people's court in accordance with the law, if the person who is not applied for administrative reconsideration or to bring an administrative lawsuit within the legal period is not relocated within the period of the provisions of the compensation decision.
projects that have been licensed according to law before the enforcement of the regulations have been obtained according to law, continue to be handled with the original provisions, but the government shall not oblige the relevant departments to force the demolition. The
levy regulations came out faster than I expected. Some of our comments have been adopted, which shows that solicitation is not going through the motions. The Ordinance can promote the legislation of collective land expropriation, and it is suggested to speed up the revision of the land management law.
- Shen Kui, a professor at Peking University, one of the five scholars who proposed the NPC Standing Committee's review proposal)
focus
1 old city restructuring and expropriation of
process: the procedure of expropriation of the old housing reform has gone through, the first draft, the draft regulation If more than 90% of the levied persons agree to reform the old house, the local governments at or above the county level may make a decision on housing expropriation, and no decision on housing expropriation shall be made without the consent of 90% of the levied persons.
has also made a limit to the adoption of the compensation scheme. As a result of the need to levy a house for the renovation of the old house, the compensation scheme should also expropriate more than 2/3 of the expropriated persons prior to the approval of the local government at the county level or above.
when the second time was solicited, the above provisions were deleted.
the current regulations have taken a compromise plan, because the old urban reconstruction needs to be levied. Most of the levied people think that the compensation scheme is not in conformity with the provisions of the regulations. The municipal and county governments should organize the hearing of the expropriated and public representatives and modify the program according to the hearing situation.
interpretation: Shen Kui said that they had previously proposed 2/3 agreed proposals on the old city reconstruction, but he also thought it was really difficult to determine, for example, the problem of most people in a certain area has been solved, and how can 2/3 be determined at this time? Now the regulations stipulate that the "majority" may be 51%. It's gone.
the introduction of the hearing, Shen Yi introduced a suggestion on hearing the hearing, and it was suggested that 30 households disagree on hearing the hearing, but it was difficult to realize it. If a building was collected and there were only 30 households in this building, it would mean to open a hearing.
the current relatively fuzzy "majority" provisions are reasonable, if 100 households are to be levied, as long as 51 families have different opinions, it is necessary to organize the hearing and to modify the scheme.
2 levied housing should be first relocated and relocated
Course: in the two solicitation draft, the principle of "first compensation, post relocation" is not clearly stipulated, and the current regulations clearly "the implementation of housing expropriation should be first compensated and relocated."
in the two solicitation draft, only in the judicial force, "before applying for the enforcement of the court, the housing expropriation department shall, in accordance with the compensation decision, give the levied person the first money compensation or to provide the property right for the housing and the turnover room."
interpretation: Shen Gu explains that the current regulations mean that whether it is a voluntary move or a strong move, its premise is to be compensated for, compared to the two solicitation draft coverage.
in addition, the regulations add to the regulation that the compensation fee should be in full place, special account storage and special funds before making the housing expropriation decision. It is Shen Gu explained that the original demolition compensation is mostly from the construction unit, not the government, but the construction unit should also provide finance when the demolition license is requested. The certificate of compensation for the institution is now levied by the government instead of the construction unit. The government also needs to meet this requirement to ensure that the compensation is in place before the relocation.
3 has been expropriated to select the evaluation institution
History: the selection of real estate price assessment agencies has also undergone repeated. The first draft has stipulated that "the real estate price assessment institution shall be determined by voting, drawing lots and so on." The second draft has deleted the above provisions and replaced the "real estate price assessment institution" by the expropriated person. The specific measures for selecting the real estate price appraisal institutions by the expropriated persons shall be stipulated by the people's governments at the municipal level and the county level. "
the current regulation is that "the real estate price evaluation institution is selected by the levied person by negotiation; the negotiation is not achieved, by the majority decision, random selection and other methods, the specific measures are formulated by the province, autonomous region and municipality directly under the central government."
interpretation: Shen Kui said that the Ordinance provided the priorities of the selected assessment institutions. The provisions of the draft will be faced with the problem of finding the assessment agency by everyone, which will lead to a lengthy assessment cycle, a disadvantage to the expropriation, and the possibility of a growing difference in the assessment conclusions.
consultative selection means that most people choose one or two more unified institutions, the evaluation cycle will not be very long, the conclusion is basically consistent, and the majority decision, random way is set up to ensure that the selection of the evaluation organization is not too individualized.
4 new public interest "diplomatic needs"
Course: the definition of public interest has always been a legislative difficulty. The regulations have been enumerated to define the public interests. In the two solicitation draft, the need for the construction of the office housing of the state organs is to be of public interest, but a lot of people There are different opinions on this. The Ordinance has deleted this provision and added "diplomatic need" to the public interest.
unscramble: Shen Kuo said that the nature of the building land for the office of the state office is in the public interest. If this is not a public interest, it will be difficult to discuss theoretically. "If this is not a public interest, how does the government work? The government's existence is a public interest. How can he say he is a person?" Interest, not public interest. "
he did not think that the deletion of this provision meant denying the public interest of the building land for the office of the state office, but meant that it would be completed without being expropriated, and that it would be completed through negotiation and negotiation. In fact, the government had contracted its own power, and to some extent compromised to the public. In accordance with the provisions of the clause, it is considered that the possibility of future legal inclusion of such a case in the public interest is not ruled out.
background
five scholars promote the process of relocation and transformation of
in March 2007, the National People's Congress passed the property law, which made clear the issue of public interest collection. At that time, the urban housing demolition management regulations, which did not embody the principle of public interest collection, faced conflict with the property law. After the real property law was formally implemented, the demolition would be "unable to be dependent".
in August 2007, the Standing Committee of the National People's Congress amended the law of urban real estate management, adding that, "for the needs of the public, the state may levy a house on the units and individuals on the state-owned land, and give compensation in accordance with the law and safeguard the legitimate rights and interests of the levied person; and the collection of individual houses should also be guaranteed." The living conditions of the person who have been levied. The specific measures shall be stipulated by the State Council. "
after the legislative mandate, the standing meeting of the State Council first deliberated on the housing expropriation and demolition compensation regulations on state-owned land in December 2007, but it was not passed.
since then, more and more voices have been raised against the violation of the property law in the demolition Ordinance and the revision of the demolition Ordinance. Five scholars from Peking University put forward proposals for the legality of the demolition Ordinance to the Standing Committee of the National People's Congress, which promoted the process of reform.
in January 29, 2010 and December 15th, the legal office of the State Council asked for opinions publicly on the two expropriation regulations, and opened the precedent for the two consultation of the administrative legislation.
in January 19, 2011, the Executive Council of the State Council chaired by Premier Wen Jiabao of the State Council passed the collection regulations in principle. On the 21 day, Wen Jiabao signed the 590th decree of the State Council, and formally promulgated the collection regulations.