In the process of urbanization, demolition and relocation, as an important means of urban renewal and development, has always attracted much attention from the society. Among them, agreement demolition is a relatively mild way of demolition and relocation, aiming to reach a mutually acceptable compensation and resettlement plan through negotiation. However, the legality of the agreed demolition and the subsequent dilemma of rights protection often confuse the people who have been demolished. Next, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, will talk to you.
1
Legality of the agreement to demolition
1. Legal Basis
Negotiated demolition, as the name suggests, is a demolition agreement based on voluntary negotiation between the two parties. Its legitimacy mainly derives from the provisions of relevant laws and regulations such as the Regulations on the Expropriation and Compensation of Houses on State-owned Land. These regulations encourage the resolution of demolition and relocation issues through negotiation and protect the legitimate rights and interests of those who have been demolished.
2. Voluntariness
The core of the agreed demolition is "voluntary". That is, the demolition party and the person to be demolished shall, on an equal and voluntary basis, fully negotiate and reach an agreement on matters such as compensation and resettlement for demolition and relocation. Neither party shall force or deceive the other party to enter into a demolition agreement.
3. Legitimacy review
Although the agreement on demolition emphasizes voluntary negotiation, the content of the demolition agreement still needs to comply with the provisions of laws and regulations. For example, the compensation standard should not be lower than the market value, and the resettlement plan should be reasonable and feasible. In addition, the demolition agreement also needs to be reviewed and filed by the relevant departments to ensure its legitimacy.
2
If an official announcement is made one year after signing, can I still defend my rights?
1. Statute of limitations
In the case where the demolition agreement has been signed and the performance has been completed, generally speaking, it will be relatively difficult for the demolished person to defend his or her rights. Once the demolition agreement is signed and performed, it is deemed that the two parties have reached a final consensus on the compensation and resettlement of the demolition. However, this does not mean that the people who have been demolished have completely lost the possibility of defending their rights.
2. Review the content of the agreement
First, the person being demolished can carefully review the content of the demolition agreement to see if there is any violation of laws and regulations or obvious unfairness. For example, whether the compensation standard is significantly lower than the market value, whether the resettlement plan cannot meet the basic living needs, etc. If problems are discovered, they can promptly report to the relevant departments or seek legal assistance.
3. Pay attention to the announcement
For official announcements issued after one year, the person being demolished should pay close attention to whether there are any conflicts or inconsistencies between their content and the demolition agreement. If the compensation standard, resettlement plan and other clauses in the announcement are inconsistent with the demolition agreement, the person being demolished has the right to require the demolition party to perform its obligations in accordance with the content of the agreement.
4. Seek legal recourse
If the demolition party refuses to perform the agreement or the content of the announcement is inconsistent with the agreement and cannot be resolved through negotiation, the person being demolished may file a lawsuit or apply for arbitration in the people's court in accordance with the law. Safeguard their legitimate rights and interests through legal means.
As a relatively mild form of demolition, the legality of negotiated demolition is based on voluntary negotiation between the two parties. However, in practice, various problems can still arise. For those who have signed the demolition agreement and fulfilled it, although it is relatively difficult to protect their rights, it is not completely impossible. The key is to review the content of the agreement in a timely manner, pay attention to the dynamics of the announcement, and seek legal means to protect their legitimate rights and interests in a timely manner.
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.