Now when many friends are facing demolition, they basically know to look at the announcement issued by the government and understand the state's policy on demolition, but there is a problem here that everyone will find that there are many kinds of policies, do not know which policies are expired, whether they are legal, and the people are also confused. Here, Mr. Shi Xining, director of Beijing Jingkang Law Firm, member of the China Lawyers Association, member of the Land and Real Estate Professional Committee of the Beijing Lawyers Association, and co-director of the Institute of Property Rights and Land System of Northwest University of Political Science and Law, once clearly explained this issue that concerns the vital interests of the people.
Lawyer Shi said that there are four reasonable and legal policies in the demolition and relocation, and everyone must remember them.
First, first compensate and then relocate, first resettlement and then relocation:
The state clearly stipulates that the expropriation of houses on state-owned land should be adhered to: first compensation, then relocation. To put it simply, whether it is a demolition for the public interest or a commercial development demolition, the demolition party must go through legal procedures, obtain the consent of the demolished person, reach an agreement, and give the demolished person full compensation before the house can be demolished. The costs of expropriation of land cannot be paid in installments, but must be paid in full and at one time.
Second, it is necessary to ensure that the original standard of living is not reduced, and the long-term livelihood is guaranteed:
Compensation for land expropriation must ensure that the existing living standards of farmers do not decrease, and ensure long-term livelihood protection, such as insurance for landless farmers.
3. It is forbidden to use illegal means to carry out forced demolition; the only method of forced demolition is judicial forced demolition:
There are various ways of demolition and relocation, but forced demolition against the will of the demolished person is illegal, and only one way of forced demolition is legal, that is, judicial forced demolition. That is, after the local government issued an announcement of expropriation and demolition, the demolished person neither signed the demolition agreement, nor did he initiate administrative reconsideration or litigation to express his will or claim his rights and interests, and the demolition unit can apply to the court for judicial demolition after certain procedures, so everyone must pay attention to avoiding this situation in reality.
Fourth, the compensation for demolition and relocation should be reasonable:
This is relatively simple, that is to say, in order to cooperate with the public interest and other government organizations in the demolition, it is our right to obtain reasonable and legal compensation, whether it is in the "People's Republic of China Land Administration Law", "State-owned Land Expropriation and Compensation Regulations", "People's Republic of China Civil Code" have corresponding expressions. You just need to remember that our demand for compensation for demolition and relocation should be reasonable, justified, and we must express our demands with a straight face.
Rule of law society, no matter what to do must act according to the law, especially in the face of demolition and relocation of this kind of people's life, but also in accordance with the national laws, policies to protect rights, the key time, their own unclear, to seek the help of professional lawyers in a timely manner, as the saying "three lights early, three panics late" is this truth.
Lawyer Shi reminds:
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.