Rural collective land demolition is an important work in the process of urban and even national development, land requisition and demolition has always been an extremely important thing in the hearts of the people, because this is not only related to the development of the country, but also related to the economic rights and interests of the people themselves, because in today's society, everyone wants to go from the countryside to the city, although land requisition and demolition is not a good way to get rich overnight, but it can indeed improve the living standards of the people, but in the process of practice, the problem of land requisition and demolition is not a very easy problem, today, Mr. Shi Xining, Director of Beijing Jingkang Law Firm, Co-Director of the Institute of Property Rights and Land Of Northwest University of Political Science and Law, and Master of Laws Practice Tutor of Yangzhou University Law School, answered relevant legal questions.
(1) The issue of compensation standards for collective land expropriation
First of all, when the people encounter demolition and relocation, they should pay attention to the fact that when expropriating your collective land, the expropriator, which may be the government or its related departments, should pay the full amount of land compensation costs, resettlement subsidies, attachments on the ground and green shoots compensation fees and other expenses in accordance with the law. Not only that, it is also necessary to guarantee the social security expenses of the peasants whose land has been expropriated, to ensure the livelihood of the peasants whose land has been expropriated, and to safeguard their legitimate rights and interests. However, for some of the above regulations, although the relevant departments have issued some relevant regulations, there is no relatively unified view.
However, there is one point that can be agreed upon, that is, the compensation for collective land ownership in the time of land compensation, the land on the mainland is divided into collective land and state-owned land, presumably this is known to everyone, because, in the previous article Shi lawyer also sent about the difference between state-owned land and collective land, unclear friends can go to the previous article to inquire and read, collective land expropriation is to change the land from the original belong to the township, village committee or villager group into state-owned land, should be transferred for the ownership of ownership. Some corresponding compensation fees need to be paid to the original owner, similar to the purchase consideration.
(2) Problems existing in the program and reality
Most ordinary people believe that as long as everyone obeys and acts in accordance with the regulations, there will be fewer contradictions in the demolition process and rights can be guaranteed accordingly, but this is not the case. For the people who are demolished, they will not care about the constraints of any legal provisions or policies, they will only care about how much compensation they will get, and whether their living standards can be substantially improved, because they think that when it comes to demolition, they can only get richer and richer, and they can't demolish and get poorer.
In most cases, it is possible that the demolition person and the demolished person can reach an agreement in accordance with the agreed principles, and there is no difficulty in demolition. However, for some, the demolished houses are without land use certificates or no house title certificates, and according to the policy provisions, for such demolished households, the compensation is in accordance with the temporary resettlement compensation, and the new homestead cannot be repaid. However, in practice, don't say that the people don't agree, the village and local governments may not agree. Changing the living conditions through demolition is not only the wish of the people, but also the desire of the grass-roots government.
Lawyer Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive and professional knowledge, control of the overall situation, and rational application of laws and regulations. Even a lawyer with many years of litigation experience is constantly learning and updating in order to calmly analyze and make correct judgments in a case. For non-law scholars, this is a huge subject that cannot be achieved by relying on a short period of bad repair alone. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.