Provisions of Qingdao Municipality on Compensation for Compulsory Demolition of Houses Expropriating Collective Land

Now you can hear the word forced demolition everywhere, so what is forced demolition? What are the rules for demolition in Qingdao? Let's take a look.

Now you can hear the word forced demolition everywhere, so what is forced demolition? What are the rules for demolition in Qingdao? Let's take a look.

Compulsory demolition refers to the activities that the demolished person or lessee fails to perform the relocation obligations stipulated in the effective relocation and resettlement agreement, and the demolished person obtains legal compulsory effect through arbitration, litigation or application for an administrative organ ruling, forcing the demolished person to perform the relocation obligations.

China's "Regulations on the Management of Urban House Demolition" stipulates in Article 15? After the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. During the litigation, the demolisher may apply to the people's court for execution according to law. ? 17? If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the people's government of the city or county where the house is located shall instruct the relevant departments to relocate forcibly, or the house demolition management department shall apply to the people's court for compulsory relocation according to law? . It can be seen that there are three situations in China's current legislation on compulsory demolition: first, the demolition and the demolition or lessee reach an arbitration agreement, and the arbitration commission decides that the demolition should be relocated, and the demolition can apply to the people's court for enforcement of the demolition ruling made by the arbitration commission. Second, the demolisher brought a lawsuit to the people's court, and the people's court made a corresponding judgment and enforced it through judicial procedures. Third, the demolition person applies to the administrative organ for a ruling. If the demolished person or lessor fails to move within the relocation period stipulated in the ruling, the demolished person may apply to the administrative organ for compulsory demolition. The forced demolition in the first two cases belongs to the judicial compulsory procedure, and the third one belongs to the administrative compulsory demolition procedure to be discussed in this paper.

In real life, administrative compulsory demolition is overused, and its scope and procedures are very irregular, which is easy to cause disputes and disputes. In my opinion, it is not normal to apply administrative compulsory demolition too much: on the one hand, a large number of problems that should have been solved through judicial procedures have been solved by administrative means, weakening judicial functions and increasing the pressure on administrative organs. On the other hand, the unreasonable application of administrative coercion has increased corruption and speculation, which is easy to harm the interests of the people who have been demolished. Therefore, it is necessary to strengthen the research on administrative compulsory demolition, and make clear its applicable conditions and scope, so as to carry out subtle system design in legislation and law enforcement and prevent administrative power from infringing on private interests in real life.

Interim Provisions of Qingdao Municipality on Compensation for Collective Land Expropriation and House Demolition

Decree number. Qingdao Municipal People's Government 14 1

first

In order to speed up the urbanization construction, standardize the compensation activities for collective land demolition, and safeguard the legitimate rights and interests of the parties, these Provisions are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality.

second

Where in Shinan District, Shibei District, sifang district and Licang District of this Municipality, the compensation for the demolition of houses and ancillary facilities due to the overall transformation of villages in cities, land reserve and other expropriation of collective land (hereinafter referred to as the compensation for land acquisition and demolition) shall be applicable to these Provisions.

essay

Qingdao Municipal Bureau of Land Resources and Housing Management is in charge of the administration of compensation for land acquisition and demolition in the whole city.

Qingdao Housing Demolition Management Office is specifically responsible for the administrative work of compensation for land acquisition and demolition in Shinan District, Shibei District, sifang district District and Licang District of this Municipality. Construction, planning, agriculture, public security, industry and commerce, price and other administrative departments shall, in accordance with their statutory duties, cooperate in relevant management work.

Article 4

Compensation for land acquisition and demolition shall be implemented by the demolition person or the demolition undertaker entrusted by him with the qualification of house demolition.

Article 5

The compensation person for house demolition of expropriated land (hereinafter referred to as the person to be demolished) shall confirm to the household with the collective land use certificate issued according to law, and the compensation for house demolition of expropriated land shall be implemented to the household.

Article 6

The determination of the compensation construction area for house demolition shall be based on the housing construction area specified in the property certificate issued according to law or the approval document for building.

Article 7

Housing demolition compensation can be implemented in the form of monetary compensation or housing compensation.

Article 8

If monetary compensation is implemented for the demolition of residential houses, the demolition compensation shall be settled according to the average selling price of ordinary residential commercial houses and the building area of the houses where the houses are demolished. If the area where the demolished house is located belongs to the planned non-residential land, the demolition compensation shall be settled in accordance with the compensation price of residential housing and the housing construction area approved by the Municipal Price Bureau in conjunction with the Municipal Bureau of Land Resources and Housing Management.

Demolition of residential houses, the implementation of monetary compensation, according to the demolition of housing in the region of affordable housing sales price and housing construction area multiplied by the 0.5 coefficient to determine the area, for the demolition of housing improvement fees.

When demolishing residential houses and implementing housing compensation, the total amount of demolition compensation and housing improvement fees settled by monetary compensation shall be used to provide equivalent houses to the demolished people. If there is a difference between the housing price and the total compensation for demolition and the housing improvement fee, the difference shall be settled.

Article 9

If monetary compensation is implemented for the demolition of non-residential houses, the demolition compensation shall be settled according to the market evaluation price and building area of the houses to be demolished, and the demolition compensation shall be paid in full to the people to be demolished. Demolition of non-residential houses, the implementation of housing compensation, the demolition of people in accordance with the monetary compensation and resettlement to provide a considerable price of housing. If there is a difference between the house price and the compensation for demolition, the difference shall be settled.

Article 10

Demolition of illegal buildings and overdue temporary buildings will not be compensated. If temporary buildings are demolished within the approved period, appropriate compensation may be given, unless compensation is not stipulated when temporary buildings are approved.

Article 11

When the land requisition is announced, if the demolished person has obtained the building approval document and the house has been completed, the house compensation will be given. When the demolition announcement or land acquisition announcement is issued, if the demolition person has obtained the approval document for building but the new house has not been completed, the demolition person should immediately stop building, and the specific compensation amount can be agreed by the demolition parties through consultation.

Article 12

The parties to the house demolition compensation shall sign a demolition compensation agreement. The demolition compensation agreement shall contain the following main contents: (1) the situation of the demolition person, the demolition contractor and the demolition person; (two) the address and construction area of the house to be demolished; (3) compensation methods; (four) the content of monetary compensation: the amount, payment method and time of demolition compensation fee and house improvement fee; (5) Housing compensation content: the address, house number, apartment type, construction area and delivery time of the compensated house, the price of the compensated house, the payment method and time of the difference, the ownership of the house and the formalities; (six) relocation time and relocation subsidies, temporary transitional subsidies; (seven) the liability for breach of contract and dispute handling methods; (8) Other agreements.

Article 13

After the compensation for house demolition, the demolisher shall pay the relocation subsidy to the demolished person in a lump sum in accordance with the regulations. Among them, residential houses are calculated by 400 yuan per household, and non-residential houses are calculated by 30 yuan per square meter of construction area.

Article 14

Demolition of residential housing according to the construction area per square meter 1 10 yuan, a one-time payment to the demolition of temporary transitional subsidies. Due to the demolition of non-residential housing caused by the loss of production and business, the demolition of people in accordance with the construction area of each square meter of 500 yuan to give a one-time business subsidy. If operating subsidies are paid to the residents, temporary transitional subsidies will no longer be paid.

Article 15

If the parties fail to negotiate and sign the compensation agreement for house demolition within the time limit stipulated in the demolition announcement, either party may apply to Qingdao House Demolition Management Office for a ruling. If a party refuses to accept the decision, he may bring a suit in a people's court within 15 days from the date of receiving the award. If neither the prosecution nor the ruling is executed within the time limit, the Qingdao Housing Demolition Management Office shall apply to the people's court for compulsory execution according to law.

Article 16

Resettlement subsidies, young crops subsidies and land compensation fees for collective land compensation shall be implemented in accordance with the relevant provisions of the state and the province. The compensation scheme for collective land expropriation shall be implemented after being approved by Qingdao Municipal Bureau of Land Resources and Housing Management. Housing demolition compensation standards should be incorporated into the collective land compensation scheme for announcement.

Article 17

Those who refuse or obstruct the staff of administrative departments from performing official duties shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security, and shall be punished by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 18

The relevant administrative department staff dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 19

These Provisions shall come into force on August 1 day, 2002. Laoshan District, Chengyang District and Huangdao District shall be implemented with reference to these regulations.