20 17 collective land expropriation and house demolition in which areas?

After collective land is expropriated as state-owned, the expropriated land ownership, contracted management right, homestead use right and house ownership, structures and appendages shall be compensated according to law. According to the regulations of the State Council, the specific standards are formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in light of local conditions. The villagers generally believe that objecting to the standards of land requisition compensation and young crops compensation formulated by the provincial government is like shaking a tree, which cannot be changed by anyone, any family or any village. Therefore, there is little controversy about the compensation standard for land acquisition and the compensation for young crops. However, the disputes over compensation and resettlement for house demolition after collective land expropriation, especially the disputes over compensation and resettlement for the transformation of "villages in cities", are quite common. Many villagers in "villages in the city" were expropriated cheaply in their early years, leaving only the last homestead and residence. On the one hand, these villagers expressed their dissatisfaction and helplessness with the land they lost cheaply in the past. On the other hand, their houses are currently rented or operated, and their income is relatively high, so they refused to sign compensation and resettlement agreements. In order to solve this dispute, grassroots cadres generally pay attention to signing compensation and resettlement agreements by doing mass ideological work. However, if the procedures are not followed, such a demolition agreement is uncertain. Some "villages in the city" renovation projects have been delayed for three to five years or even more than ten years, and the construction of resettlement houses cannot be started, which affects social stability and urban development. The author believes that when making compensation and resettlement plan, we should ensure that the current life of the expropriated villagers is not reduced and the long-term livelihood is guaranteed. At the same time, the design conforms to the legal provisions and has compulsory protection procedures for expropriation and demolition, so as to prevent the phenomenon of "satisfaction and dissatisfaction" of a few people and make the expropriation and demolition complete within the pre-designed procedures and time limit. By summarizing the experiences of several local governments in expropriation and demolition according to law, the author summarizes three modes of house demolition after collective land is expropriated as state-owned: (1) According to the provisions of the Organic Law of Villagers' Committees, resolutions of villagers' meetings or villagers' representatives' meetings are formed, that is, villagers' self-governing demolition agreements; (2) According to Article 45 of the Regulations on the Implementation of the Land Management Law, the Bureau of Land and Resources made a decision to order the nail house to hand over the land; (3) The municipal and county people's governments make compensation decisions for nail households according to the Regulations on Expropriation and Compensation of Houses on State-owned Land. Each of the three modes has its own advantages and disadvantages, and the appropriate mode and procedure should be selected according to the specific situation and current situation of the project.

House demolition procedure

First, the villagers' autonomy agreement demolition

Specific procedures include: (1) securing compensation funds. Whether it is land reserve, government investment or government investment, or attracting developers' investment, compensation funds need to be implemented, and the required funds and resettlement houses can offset the value of the houses to be demolished; (two) to formulate compensation and resettlement plans and report them to the construction design plan for approval. "Village in the city" is in a superior position, and the expropriated villagers generally hope to move back, so they naturally pay attention to the compensation and resettlement scheme and the reconstruction and construction design scheme; (3) Publish the pre-announcement of land requisition and file it for approval. At the same time, in order to prevent the construction from being raided, the law enforcement of illegal buildings should be strengthened. The "Measures for the Announcement of Land Expropriation" stipulates the procedures for land expropriation, and collective land expropriation needs to be planned in advance to lay the foundation for legal enforcement; (4) Determine the household representative. For projects involving a large number of expropriated people, it is difficult to organize villagers' meetings. Generally, household representatives are elected to lay the foundation for the villagers' representative meeting; (five) to form a resolution of the villagers' representative meeting on three major issues belonging to the villagers, such as the compensation and resettlement plan, and to authorize the village leader to bring a lawsuit to the court, and to authorize the village leader to apply to the court for compulsory execution; (6) Select the appraisal company and draw lots to determine the appraisal company. If more than half of the opinions cannot be formed, the appraisal company shall be determined by notarization and lottery; (7) Household measurement shall be announced after being signed by the measurement team, and the signature of the expropriated person is not a necessary procedure; (8) The procedure of signing the compensation and resettlement agreement has no influence on the effectiveness of the compensation and resettlement agreement, so signing the agreement before the land is expropriated as state-owned is also legally binding; (nine) waiting for the approval of the people's governments of provinces, autonomous regions and municipalities directly under the central government; (10) The village head sued the "nail house" in court. The Supreme People's Court [2006] Minlitazi No.23 replied that the villagers' group as the subject of litigation usually has no seal, so it decided to replace the villagers' group as the plaintiff in the name of the village head. (1 1) Enforce the law. If the court finds through trial that the resolution of the villagers' meeting or representative meeting is legal and valid, it shall apply to the court for compulsory execution according to law.

Second, the Bureau of Land and Resources made a "land transfer decision" for a few "nail households".

Article 14 of the Supreme People's Court's "Provisions on Several Issues Concerning the Trial of Administrative Cases Involving Rural Collective Land" stipulates that if the land management department applies to the people's court for execution of its decision to transfer land according to the provisions of Article 45 of the Regulations on the Implementation of the Land Management Law, it shall meet the following conditions: (1) The land acquisition plan has been approved by the competent authority according to law; (2) The municipal and county people's governments and land management departments have implemented land acquisition in accordance with the procedures stipulated in the Land Management Law and the Regulations for the Implementation of the Land Management Law; (three) the owner and user of the expropriated land have obtained the resettlement compensation according to law or refused to accept the resettlement compensation without justifiable reasons, and refused to hand over the land, which affected the normal work of expropriation; (4) Meet the conditions stipulated in Article 86 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China. Item (4) of the judicial interpretation stipulates that the administrative organ shall apply to the people's court for compulsory execution of its specific administrative act within 180 days from the expiration of the legal prosecution period of the person subjected to execution. If the application is overdue, the people's court will not accept it unless there are justified reasons. Article 53 of the Administrative Enforcement Law stipulates that if a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to perform the administrative decision, the administrative organ without administrative enforcement power may, within three months from the date of expiration of the time limit, apply to the people's court for compulsory execution according to law. The people's court shall rule to accept the qualified application and notify the applicant; Applications that do not meet the requirements shall be ruled inadmissible. The specific process of this method is as follows: (1) The provincial government gives an approval, and the land requisition is state-owned; (2) Complete most of the demolition tasks by signing compensation and resettlement agreements; (three) to measure, evaluate and confirm the area and quantity of houses, land, buildings, structures and appendages according to law; (4) The Bureau of Land and Resources has made a decision to order the land to be handed over; (5) If the expropriated person brings a lawsuit, the Bureau of Land and Resources shall respond to the lawsuit and apply to the court for enforcement after the decision to hand over the land becomes legally effective. If the party concerned fails to bring a lawsuit upon the expiration of the prosecution period, the Bureau of Land and Resources shall apply to the court for non-litigation execution.

Three, with reference to the "Regulations on the expropriation and compensation of houses on state-owned land"

According to the spirit of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the following procedures are designed: (1) The investor and the government sign the Investment Framework Agreement for Reconstruction of Villages in Cities. 1994 After the reform of the fiscal and taxation system, the local government's finances were stretched and it was difficult to provide enough funds for the transformation of the old city. According to the investment framework agreement, the investor will inject the full amount of funds into the account designated by the government and sign the Investment Framework Agreement. (two) the housing appraisal institution is selected by the expropriated person through consensus, majority vote or random lottery; (3) The collection department issues the announcement of house expropriation investigation, organizes investigation and measurement, and entrusts the appraisal company to prepare the appraisal materials; (4) The collection department draws up the compensation scheme for house expropriation; (5) Planning law enforcement departments should strengthen the enforcement of illegal buildings, curb a small number of expropriated people from illegal construction and rushing to build in order to defraud compensation, and create a mandatory atmosphere for expropriation according to law; (six) the housing expropriation and compensation scheme has been initially revised by the legal department of the government, and the announcement on soliciting opinions on the housing expropriation and compensation scheme has been issued in the name of the government for not less than 30 days; (7) During the period of soliciting opinions on the "Housing Expropriation Compensation Scheme", the collection department organized symposiums, demonstration meetings and hearings and formed written materials; (8) The National Development and Reform Commission examines and explains whether the project conforms to the national economic development plan; (nine) the Bureau of land and resources to review, and explain whether it conforms to the overall land use planning; (10) The Planning Bureau conducts a review to explain whether it conforms to the overall urban planning; (1 1) The government organizes departments such as collection, public prosecution, law enforcement, division, maintaining stability, comprehensive management, letters and visits to conduct social stability risk assessment and demonstration, and the collection department is responsible for writing social stability risk assessment reports; (12) On the basis of soliciting opinions, the collection department collects and sorts out opinions, writes a summary report and announces it in time, and on this basis, modifies the compensation scheme for house expropriation; (13) After being reviewed by the legal department of the government, it was submitted to the executive meeting of the government for discussion and adoption of the revised compensation scheme for house expropriation and the decision on house expropriation; (14) Announce the house expropriation decision in the name of the government; (15) The collection department and the expropriated person sign a compensation and resettlement agreement; (16) If no agreement can be reached at the expiration of the period, the expropriation department shall report to the government to make a decision on compensation for house expropriation; (17) If the expropriated person applies for administrative reconsideration or brings an administrative lawsuit, the legal department of the government or the expropriation department shall respond, and after the compensation decision becomes legally effective, it shall apply to the court for compulsory execution; (18) When the prosecution expires, the government applies to the court for non-litigation execution; (19) Whether it is litigation execution or non-litigation execution, if the court makes an enforcement ruling after examination, and the person subjected to execution still fails to perform the obligation of ruling, the court may judicial custody him according to Article 111 of the Civil Procedure Law; It can be transferred to the government for compulsory demolition according to Article 9 of the Supreme People's Court's Provisions on Several Issues Concerning Handling Cases of Applying to the People's Court for Compulsory Enforcement of Compensation Decisions on Houses Expropriation on State-owned Land; It can also be transferred to the public security organs for criminal detention according to the provisions of Article 313 of the Criminal Law, the Interpretation of the NPC Standing Committee on Article 313 of the Criminal Law of People's Republic of China (PRC), and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Refusing to Execute Judgments and Rulings. Those who refuse to perform the rulings of the people's courts shall be investigated for criminal responsibility.