The Supreme People's Court has clearly instructed that the "market price" benchmark has been set for compensation for the expropriation of farmers' houses, that is, the compensation value should be at least equal to the market price of newly built resettlement houses in the vicinity. This is not only a respect for the property value of farmers' houses, but also a manifestation of the spirit of the rule of law. Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, came to talk to you.
Lawyer's interpretation
1. The legal connotation of the principle of compensation
1. Market value measurement: The provisions of the Supreme People's Court have established the principle of compensation for housing expropriation based on market value, breaking the previous practice of calculating compensation solely on lower standards such as replacement cost and construction cost. This means that the farmer's earthen house is no longer synonymous with "cheap", and its actual value should be equivalent to the surrounding newly built commercial housing, reflecting the internal law of real estate prices under the conditions of market economy.
2. Fairness and justice: This principle reflects the special protection of the rights and interests of vulnerable groups by the law, and prevents farmers from being in a disadvantageous position in the expropriation compensation due to information asymmetry and weak negotiation power. The amount of compensation is linked to the market price, which will help narrow the gap between urban and rural areas, maintain social fairness and justice, and promote the healthy development of rural economy and society.
3. Establishment of judicial authority: The authoritative interpretation of the SPC provides clear guidance for courts at all levels to hear relevant cases, which is conducive to unifying the adjudication standards and enhancing judicial credibility. At the same time, it also draws a red line for local governments to administer according to law and standardize expropriation behavior, and promotes the expropriation and compensation work to enter the track of rule of law.
Second, the practical path of compensation landing
1. Improvement of the assessment mechanism: All localities should establish and improve a scientific, fair and transparent housing expropriation and evaluation mechanism, introduce an independent third-party appraisal agency, and comprehensively consider factors such as geographical location, building structure, use function, and surrounding housing prices to accurately assess the actual market value of farmers' houses. The opinions of the assessee should be fully listened to in the assessment process, and their right to know and participate should be guaranteed.
2. Customization of compensation plan: The expropriator shall, based on the assessment results and the individual needs of the expropriated person, provide a variety of compensation methods, such as monetary compensation, property right exchange (resettlement housing), homestead replacement, etc., to ensure that the expropriated person receives compensation equivalent to the market price. For those who choose monetary compensation, it should be ensured that the compensation is sufficient to purchase a house with the same living conditions.
3. Strengthen the supervision mechanism: give full play to the multiple supervisory forces of the National People's Congress, the Chinese People's Political Consultative Conference, the media, the public, etc., and conduct open and transparent supervision of the whole process of expropriation and compensation, and strictly prevent black-box operations and power rent-seeking. Smooth channels for judicial remedies, and the expropriated person has the right to file an administrative reconsideration or administrative lawsuit for acts that are obviously low in compensation and infringe on the rights and interests of farmers, and request the judicial organs to make corrections.
3. Three steps to protect farmers' rights and interests
1. Learning of legal knowledge: Farmers should take the initiative to learn relevant laws and regulations such as the Land Management Law, the Property Law, and the Regulations on Expropriation and Compensation, understand their own rights and interests, and improve their awareness of the rule of law. Pay attention to information such as expropriation announcements and compensation plans issued by governments at all levels, and actively participate in hearings, symposiums and other activities to lay a solid foundation for safeguarding their own rights and interests.
2. Seeking professional assistance: In the event of unreasonable compensation or illegal expropriation procedures, farmers should seek the help of professional lawyers in a timely manner, and use the power of legal professionals to accurately locate the problem and formulate effective rights protection strategies to avoid damage to their legitimate rights and interests.
3. Harmonious expropriation advocacy: While striving for legitimate rights and interests, farmers should also understand and cooperate with the overall deployment of expropriation work, rationally express their demands, avoid excessive rights protection, violent resistance to the law and other behaviors, jointly create a harmonious expropriation atmosphere, and promote the steady progress of rural revitalization.
Not only is it a solemn commitment to citizens' property rights in a society governed by the rule of law, but also an important measure to protect farmers' rights and interests and realize social fairness under the rural revitalization strategy.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. 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.