Most sub-district offices and housing demolition and resettlement companies set up in development zones at all levels will determine the compensation for rural housing demolition in the price range of 400~500 yuan per square meter. The answer to this question is based on different criteria. According to the provisions of the Land Management Law, the compensation for rural house demolition is reasonably calculated at replacement cost.
Today's statement: compensation for house demolition
1. Reasons for the establishment of demolition and resettlement enterprises in sub-district offices and development zones
To discuss the reasons for the establishment of demolition and resettlement enterprises in sub-district offices and development zones, it is first necessary to determine the nature of the above-mentioned organizational structure in accordance with the law.
According to Article 86 of the Organic Law of Local People's Governments at All Levels, which was revised for the sixth time in March 2022, the sub-district office shall handle the public services, public management, public safety and other work assigned by the people's government dispatched to it within its jurisdiction, and perform the duties of comprehensive management, overall coordination, emergency response and administrative law enforcement in accordance with the law, and reflect the opinions and requirements of residents. Accordingly, from the perspective of administrative law, the main function of the sub-district office is administrative law enforcement.
The Organic Law of Local People's Governments at All Levels does not stipulate the establishment or establishment of development zones. For example, Article 21 of the Interpretation of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China confers on development zones the status of administrative litigation entities at all levels. From the perspective of the Legislation Law, the aforesaid judicial interpretation violates Article 11 of the Legislation Law, that is, the creation, organization and powers of the people's government can only enact legal provisions, and the people's government naturally includes its functional departments.
The nature of the organization determines the establishment. In administrative practice, many localities equate sub-district offices with township people's governments, and the establishment of township people's governments is determined from the time of their establishment and approved by the State Council. Accordingly, the township and town people's governments do not have departments corresponding to the people's governments at higher levels, and at present most of the sub-district offices have far more than enough financial supporters. Since there is no "Organic Law of Local People's Governments at All Levels", there is no so-called administrative and career establishment for personnel in development zones at all levels.
The provision of the above-mentioned supernumeraries has had a profound impact on the mainland's demolition and relocation policy. For example, for administrative establishments approved by the State Council, as well as for undertaking establishments that have been reviewed by the State Council's establishment body, local governments may financially support the personnel within the establishment through the budget. Supernumerary personnel can only be supported through land finance, for example, the establishment of demolition and resettlement enterprises. The same is true for the treatment of supernumerary personnel, and the retirement benefits of ordinary workers in many developed areas are low, and one of the main reasons for this is that they are overstaffed.
For example, I retired in March this year and have worked for 38 years, and the basic salary approved by the Provincial Security Department is only 7,124.33 yuan, and my income from paying pension wages far exceeds the "basic salary". Accordingly, the basic salary accounting of the official staff is still the same, and the accounting of the retirement benefits of ordinary workers can be imagined! At present, the issue of retirement benefits has entered the open government information procedure.
The reason for the low retirement benefits of ordinary workers in developed areas
2. Provisions on compensation for house demolition
In mainland China, there are two main laws and one administrative regulation on compensation for house demolition. The two laws here refer to the Civil Code and the Land Management Law, and one administrative regulation refers to the Regulations on the Expropriation and Compensation of Houses on State-owned Land. Among them, Article 363 of the Civil Code stipulates that the acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and relevant state regulations, according to which the Land Management Law shall apply to the demolition and relocation of rural houses, while the Civil Code and the Regulations on the Expropriation and Compensation of Houses on State-owned Land shall apply to the demolition and relocation of houses on state-owned land.
The second sentence of the fourth paragraph of Article 48 of the Land Management Law stipulates that: "The rural villagers' houses shall be given fair and reasonable compensation in accordance with the principle of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and provide fair and reasonable compensation by means of rearranging homestead land for construction, providing resettlement housing or monetary compensation, and compensate for the expenses of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their legitimate rights and interests in housing property." ”
Rearranging homesteads for construction is the "preferred" method of rural residential demolition, and the relevant provisions of the Civil Code apply to most rural residential demolitions due to the need to provide funds for the supernumerary personnel. One of its main purposes is to dispose of residential land that is intensively used by rural collective economic organizations, for example, sub-district offices and development zones to set up demolition and resettlement enterprises to operate residential land, and its "skill" is to convert it into state-owned construction land.
Before the price of real estate has not risen, the compensation for the demolition of rural houses is 400~500 yuan/meter is reasonable, and the current accounting may need to consider the factors such as building materials and labor wages. Most villagers may believe that the demolition of rural houses is beneficial to the villagers in accordance with the Civil Code and the Regulations on the Expropriation and Compensation of Houses on State-owned Land, and the following factors need to be considered in the above understanding:
First, the cost of rural demolition and resettlement houses is mainly composed of compensation for homestead land, which belongs to rural collective economic organizations. The demolition and relocation of rural residential areas satisfies the interests of some villagers and non-members of the collective economy, but harms the interests of the rural collective economic organization and some villagers, for example, non-members of the collective economic organization allocate demolition and resettlement houses as members.
Second, the provisions of Article 48, Paragraph 1 of the Land Management Law "fail" in the first paragraph of Article 48 of the Land Management Law, that is, fair and reasonable compensation shall be given for the expropriation of land, so as to ensure that the original living standards of the land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed. Among them, the way to ensure "long-term livelihood" is to use collective residential land where rural residential buildings are intensively demolished.
3. The consequences of differences in rural housing demolition standards
The difference in the standard of rural house demolition refers to the different results of rural house demolition in accordance with the provisions of the Civil Code, the Regulations on the Expropriation and Compensation of Houses on State-owned Land, or the Land Management Law.
According to the standards of the Civil Code and the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the result is that the villagers will expand the area of their houses as much as possible, build new houses or ancillary facilities on each available homestead, or even occupy other people's homesteads, or build new houses on public land.
Most villagers may think that they are satisfied with the benefits obtained by illegal construction, but the difference in the size of the building has caused a gap between the rich and the poor, and at the same time, the interests of the collective economic organization have been damaged, for example, the intensive homestead land has been used by others, and the long-term interests of the villagers have not been guaranteed.
Consequences of differences in rural house demolition standards
According to the standard of the Land Management Law, the villagers are only the replacement cost due to the different size of the building. Demolition and relocation protect the right of rural villagers to live and their legitimate rights and interests in housing property, or improve their living environment and conditions, and village planning is not driven by interests and is not observed.
Rural collective economic organizations and peasants can make use of intensive homestead land and other construction land to engage in development and operation and set up enterprises, so as to safeguard the long-term interests of the villagers. Accordingly, the compensation for rural residential demolition should be calculated according to the standard of the Land Management Law, that is, the compensation for rural housing demolition should be reasonable according to the replacement cost, so as to achieve common prosperity for the villagers.