Must see, requisition land must assure these a few, do not be ignorant consciences random requisition land, strong demolition


The purpose of land expropriation is to improve the quality of life of ordinary people for the needs of public interests. The houses and land where farmers live are expropriated in accordance with the law. First, it is necessary to ensure that the original living standards of the expropriated people are not reduced, and secondly, it is necessary to improve them reasonably.Article 47 of the Land Administration Law provides as follows: If the land compensation fees and resettlement fees paid in accordance with the provisions of paragraph 2 of this Article fail to keep the original living standards of the peasants in need of resettlement, the resettlement fees may be increased with the approval of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.Under special circumstances, The State Council may raise the standards for land compensation fees and resettlement fees for cultivated land expropriated in accordance with the level of social and economic development.According to Article 2 of the Land Administration Law, the state may expropriate or requisition land for the public interest and give compensation according to law.Article 8 of regulations on The Requisition and Compensation of Houses on State-owned Land: In order to guarantee the state security, promote the national economy and social development and other public interests, there is one of the following six circumstances, if it is really necessary to requisition houses, the people’s government at the city or county level shall make a decision on the requisition of houses.(2) the needs of energy, communications, water conservancy and other infrastructure construction organized and implemented by the government;(3) the needs of public undertakings organized and implemented by the government, such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, protection of cultural relics, social welfare and municipal public utilities;(4) the needs of construction of government-subsidized housing projects organized and implemented by the government;(5) the needs of rebuilding old urban areas organized and implemented by the government in accordance with the relevant provisions of the Urban and Rural Planning Law, such as areas with a concentration of dilapidated houses and backward infrastructure;(6) other needs of public interest as stipulated by laws and administrative regulations.Combined with the above legal provisions, for the public interest when the need for expropriation is a very important prerequisite.Adhere to the principle of Compensation before Removal “Urgent Notice of The General Office of the State Council on Further Strictly managing land Expropriation and Demolition and Earnestly Safeguarding the legitimate rights and interests of the Masses” clearly stipulates that if land expropriation involves the demolition and removal of farmers’ houses, they must be relocated before demolition and properly solve the housing problems of farmers whose land is expropriated.”State-owned land housing expropriation and compensation regulations” article 27 of the first paragraph also provides: “the implementation of housing expropriation shall be compensated first, after removal.”Can impose both sides in the process of collection expropriation and compensation mode, the amount of compensation and payment term, property rights exchange area and the geographical location, housing for temporary resettlement compensation or revolving housing placement, the suspension loss compensation, relocation of time and money for their house, transition mode and the transition period to negotiate these items, such as the two sides after the agreement can be signed a compensation agreement.And perform the obligations specified in the agreement in accordance with the provisions of the agreement.After the expropriation party completes the above matters, the expropriated party can protect the legitimate rights and interests of the expropriated party to the greatest extent in implementing the relocation behavior.Four, legal demolition, banning the use of violence, according to the state-owned land on the housing levy and compensation ordinance the provisions of article 31 of the known: “take the violence, threat or in violation of regulations interruption of water supply, heat supply, gas supply, power supply and road passage way illegally expropriated forced relocation, the losses, shall bear the liability for compensation according to law;The person in charge directly responsible and other persons directly responsible, if the case constitutes a crime, shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, punishment shall be given according to law;Those who violate the administration of public security shall be punished according to law.”Compensation Fees shall be reasonably settled Land Compensation Fees According to paragraph 1 of Article 26 of regulations for the Implementation of the Land Administration Law of the People’s Republic of China, land compensation fees shall be owned by rural collective economic organizations.In addition, the Interpretation of the Supreme People’s Court on The Application of Law to The Trial of Cases Involving Disputes over Rural Land contract stipulates that rural collective economic organizations, villagers’ committees and villagers’ groups may decide to distribute the land compensation fees they have received within their own collective economic organizations in accordance with the democratic consultation procedure provided for by law.Those who are already members of the collective economic organizations when the compensation and resettlement scheme for requisitioned land is decided shall be supported in requesting payment of corresponding shares.In accordance with the provisions of Paragraph 2 of Article 26 of the Regulations for the Implementation of the Land Administration Law of the People’s Republic of China, (1) if the persons to be resettled are settled by the rural collective economic organizations, the resettlement subsidies shall be paid to the rural collective economic organizations, which shall manage and use them;(2) In case of placement by other units, the placement subsidy shall be paid to the placement units;(3) If there is no need for unified resettlement, the resettlement subsidy shall be given to the resettlement personnel or, with the consent of the resettlement personnel, used to pay the insurance expenses of the resettlement personnel.The first paragraph of Article 26 of the Regulations on the Implementation of the Land Administration Law of the People’s Republic of China stipulates that the above-ground attachments and compensation fees for green shoots shall belong to the owners of the above-ground attachments and green shoots.The Interpretation of The Supreme People’s Court on The Application of Law to the Trial of Disputes Involving Rural Land Contract stipulates that if the contracted land is expropriated in accordance with the law, the contractor’s request for payment of compensation fees for the attachments and green seedlings already received on the ground should be supported.Where the contractor has transferred the contracted land management right to a third party by way of subcontracting or leasing, unless otherwise agreed by the parties, the compensation fees for green plants shall be owned by the actual contributors, and the compensation fees for ground attachments shall be owned by the owners of the attachments.

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