Cancel the provisions of the draft Housing Administration imposed forced evictions

 Cancel the provisions of the draft housing levy administrative compulsory demolition

I Laiyueliangju (427)
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Video: Housing cancellation charge of the draft administrative enforcement provisions of the demolition
cancel the provisions of the draft housing levy administrative compulsory demolition
2010 年 1 29, we will be draft) formed a
the units and the community in the December 30, 2010, through the following three ways to comment:
(a) the landing, views by correspondence will be sent to: Box 1750, Beijing, (Zip code: 100017), and in the envelope marked mail be sent to: fwzs@chinalaw.gov.cn.
State Council Legislative Affairs Office of the
December 15, 2010
on Second Draft for Public Comment), social attention, lively discussions. As of March 3, had received 65,601 comments and suggestions. the majority opinion that the development of public interest be imposed to protect the legitimate rights and interests is necessary. At the same time, the community surrounding the collection of compensation, as defined in the public interest, collection procedures, and forced relocation and other issues also made many comments and suggestions. in accordance with instructions from the leadership of the State Council, we and Development and Reform Commission, Ministry of Land and Housing Department of Urban and Rural Construction and other units jointly set up a working group to feedback comments and suggestions made by one collation, analysis, selection of more than 40 construction sites on a typical urban sources, house demolition and land expropriation conducted a special survey and other statistics, to Beijing, Shanghai, Tianjin, Guangdong, Liaoning and other places of the field research, with the eastern, central, western, middle, small town and the municipal government and relevant departments to be relocated several times discussion and requested the economic, legal, planning, land evaluation and other experts to conduct feasibility studies on the issue many times. The Working Group of the aspects of comprehensive views on the draft was further modified, and repeatedly solicited the NPC Standing Committee and the central institution of legal views of state organs, forming a important. From 2007, we began drafting the Bill since, in addition to the relevant departments to discuss the meetings, held the 43 types of holding forums, seminars, more than 1070 people participated in the discussion. by soliciting comments or written survey, to close to more than 7,500 copies of written comments. which, on January 29, held after the public consultation forum will have 27 demonstration, 760 people participated. In order to further modify the good of this Ordinance, the convenience of the public on the second draft of understanding, further proposed amendments and recommendations, the relevant revision as follows:
one, modify the guiding ideology of
present, China is in a critical stage of reform and development, also in the industrialization and urbanization, the importance of period, how best to proceed from the actual situation in China, is conducive to the steady advance of industrialization and urbanization, but also in the process effectively be imposed to safeguard the legitimate rights and interests, we modify the starting point and purpose of the Ordinance. Ordinance relations to the overall modernization of the core is to be imposed integrated public interest and the interests of both to make public interests can be achieved, but also to be imposed in the interests of effective protection. the government need to be imposed in the public interest housing, can not make be imposed by the loss of interest, should be fully to do mass work and made the people's understanding and support.
Second, with regard to compensation for housing levy compensation
most concerned about the masses, the community which made a total of 13,332 views, mainly in the following aspects: First, compensation claim should be the real estate market prices, can be imposed to ensure that people can buy in the market, location, size, environmental conditions similar to the housing. Second, the proposed real estate market assessment should consider various factors, such as the nature of property rights, decoration, suspend production or business losses, transportation costs, property costs, heating costs, the increase in parking fees, etc.; also commented that to provide for the compensation limit to prevent excessive compensation; on the assessed value disagrees that there should be a clear mechanism for dispute settlement. Third, the claim by the rating agencies should be imposed to select OK, the rating agencies should be independent agencies, and local government non-interest, no person shall interfere with assessment. Fourth, the proposal clearly non- loss of residential housing to cease the compensation standards. Fifth, proposed to distinguish between the situation of illegal construction, not views were also against the public, be imposed to protect the privacy advocates.
draft states: assessment of the real estate market to determine prices. value of the compensation shall not be less than the housing levy to be collected the day of announcement similar to the real estate housing market prices. be imposed value of the house, with the appropriate qualifications by the real estate appraisal agencies, in accordance with the assessment of housing levy assessment approach to determine. ; construction by the State Council department in charge of Housing and Urban development, development process, should be to the public for comments. government regulations.
provisions of the second draft, the collection of individual homes, be imposed to meet the conditions of housing security, the government should give priority to housing security. That is, the government meet the housing security conditions be imposed in addition to give compensation should also be imposed to enjoy the priority of housing security, it no longer wait for the waiting security room. In addition, the second draft also people choose to be imposed for housing lots in the reconstruction of property rights exchange, the government should provide the nearest location or alteration of housing lots.
draft provides that the loss of proper compensation to cease. To truly be imposed to protect the legitimate rights and interests enhance the Ordinance may be operational, the second draft of government regulations.
illegal construction in principle to compensation, especially after the announcement the scope of the new collection, expansion, renovation of housing, is opportunistic collection of people, illegal occupation of public interest, compensation, the law is unreasonable, for other law-abiding taxpayers and unfair to be imposed. but some due to historical reasons incomplete formation of the Housing procedures should be identified first by the relevant departments to deal with. Therefore, the provisions of the second draft, the government imposed in making housing decision, shall organize relevant departments in accordance with laws and regulations on the collection within the building without a registration to be determined according to the law to deal with. treatment is recognized as an illegal construction, and no compensation.
In short, the second draft to be levied on housing related value of the compensation and relocation, temporary placement and cease to be compensation for the loss and the government give priority to the provisions of housing security and other measures that can be imposed to ensure that income can buy in the market compensation for the location, area of similar homes, be imposed to protect people's living level, not to contribute to the public interest be imposed than the voluntary housing transactions in the market for people who suffer. In compensation, the Government should conduct thorough and meticulous work of the masses, as far as possible be imposed through negotiated settlement, it is the negotiation fails, then make a compensation decision, the compensation determined in the compensation standards and content should be entered into compensation agreements with the compensation standards and consistent.
Third, on the scope of levy collected to determine the scope of
the definition of public interest has been the focus of attention of the community, which made a total of 9161 views, mainly in the following aspects: First, the definition of public interest advocates should not be too broad. if supported by the state and incorporated into the planning of education , technology, culture, health, sports and other end-use of public utilities may have a commercial nature, any project with a profit should not be in the public interest. Second, public interest advocates should be able to share all the public interest, should be entirely national financial investment and construction, therefore, toll roads, education, health care, market-oriented operation of the development of affordable housing and so should not be in the public interest. The third is that the draft provisions on the public interest is not enough seven-round, the implementation of the city overall planning for urban development and construction for major projects, led by the government or residential district, economy industrial park, commercial district and other urban development, are in the public interest. Fourth, rebuilding of old housing poorly defined, should be dangerous and the distinction between old houses, renovation of dilapidated buildings have commented that there are business development, not in the public interest.
accordance with the Constitution, Property Law, Land Management Law and the provisions of the Urban Real Estate Administration Law, the collection of urban housing and rural land and housing , should be based on repeatedly argued that the connotation and extension of the public interest, in different countries and regions in different stages of development, is different. definition of public interest, must take into account China's national conditions. In the present stage of economic and social development, industrialization, urbanization is economic and social development, the inevitable trend of modernization of the country, in line with the fundamental interests of the masses is an important aspect of public interest; the momentum to curb housing prices, stable prices, meet the people's basic housing needs, but also the public interest important aspect. in the socialist market economy, the establishment of the social and public service delivery mechanism for market participants is inevitable, not to whether to adopt market-oriented mode of operation as defined in the public interest standard. can not be due to hospitals, schools, water supply, for electricity, gas, sewage and waste disposal, railways, public transportation and other charges to deny the public interest in property of these items. protection of housing construction and building old city districts, with the majority of urban residents live, work closely related to the implementation of these projects both to improve urban residents live, work conditions, but also improve the urban environment, enhance urban functions, are also an aspect of public interest. to achieve scientific development, conservation and reasonable use of land and strictly protecting arable land, through economic and social development planning, land use planning, urban planning and special planning, to be regulated. as long as the expropriation of real estate market prices in accordance with fair compensation, public interests and the interests are not levied against, but can be unified.
based the above considerations, the second draft projects should be consistent with the provisions of national economic and social development planning, land use planning, urban and rural planning and special planning, and clearly organized and implemented by the Government's energy, transportation, water, and UNESCO, Health and Sports, resources, environmental protection, disaster prevention and reduction, social welfare, municipal utilities and other public utilities, and construction of office space needs of state organs to implement the housing levy. protection of housing construction and renovation should be included in the Old Town city, county annual plans for national economic and social development by the city, county People's Congress examined and adopted.
four, on the charge collection process is standardized procedures
charged by the Government, safeguarding the legitimate rights and interests to be levied an important guarantee for the community which made a total of 11054 views mainly in the following aspects: First argument should be advocated that the Government will compensate the program as a demonstration content, and compensation standards, resettlement compensation intention, valuation units shall be announced, be imposed to seek advice. The second is that the major controversial ruling People's Government of the mechanism of higher level in the design of the system is not fair, the proposed introduction of National People's Congress or judicial decision-making mechanism. Third, rebuilding of old housing program should be more explicit comments, such as the standard of existing homes on the dilapidated buildings and old Housing should be treated differently, the proportion of 90% by households or by area of property rights. have commented that the consent of the whole collection can be modified; also commented that the proportion of 90% is too high, it is recommended to the majority or 2 / 3,4 / 5 agreed to.
procedural requirements is to standardize the government's collection activities, and ensure the collection, the process of compensation activities and be integrated collection of public interest better interests of the masses. Second draft provisions of the Housing collection departments develop housing tax, charge compensation, the municipal and county people's government. city, county government decision to make the housing levy, shall be in accordance with the relevant provisions of the risk assessment, the relevant departments and experts, and housing levy scope, the collection of compensation be made public for comments. housing levy department shall be imposed according to the views of the housing tax, levy of compensation program changes, reported to the municipal and county people's government. city, the county government to be imposed involved who collected a large number of housing decisions, subject to the executive meeting to discuss and decide. the government should decide in a timely manner the housing levy notice. will be subject to draft about 90% of house renovation be imposed to obtain the consent and compensation needs three be imposed more than two thirds of the agreement, compensation agreement before signing rate of more than two-thirds requirement in effect, modified for the protection of housing construction and renovation should be included in the Old Town city, county annual national economic and social development program, by city, county People's Congress examined and adopted.
procedures to ensure open, fair and compensation in place, the second draft also stipulates that the Housing department shall charge will be levied on the findings of housing conditions and household compensation In the housing levy be imposed within the limits of all the public. failed to reach a compensation agreement, or expropriation housing ownership is not clear, by the Housing department shall report to the Government to make compensation levy decision. application before the court for enforcement, housing compensation levy shall, according to the decision , who advance to the expropriation of property rights exchange of monetary compensation or the provision of housing, working space.
be imposed in order to provide adequate administrative remedies and judicial remedies, the second draft also provides that levy be imposed on refuses to accept the decision and compensation, may apply for administrative reconsideration or bring an administrative lawsuit. compensation agreements entered into, the one party to perform its obligations under the compensation agreement, the other party may apply to the people's court.
order to strengthen the housing supervision of collection and compensation act, the second draft also clear that higher levels of government should strengthen supervision of the work on the lower levels of government, the State Council and provincial, autonomous regional and municipal people's government department in charge of housing, urban and rural construction should be in conjunction with the financial, land resources and other relevant departments to strengthen guidance. supervisory organs shall strengthen the government and relevant departments or agencies and their staff supervision. auditing organs shall strengthen the management of compensation for expropriation and use of supervision, and publish findings.
five, on the housing implementing agencies
housing levy imposed implementing agency is entrusted by the Housing Department Housing levy imposed specific work organization and compensation, public consultation on the implementing agencies involved in housing the views collected a total of 2454, mainly in the following areas: a is that the housing sector can be entrusted to other units collected in the charge compensation and the relocation of the concrete work, but the unit should be entrusted regulation and restrictions. The second is that the unit can not be entrusted with developers, construction units and all with an interest in the project unit. The third is that the housing sector can not be entrusted to other units collected in the charge compensation and the relocation of the concrete work.
Under the existing regulations, the construction unit is the demolition man, free to demolition, the demolition unit can also be commissioned to implement the demolition, the demolition and construction unit of speed, related to the economic interests of the demolition unit, likely to cause the demolition and the demolition intensification of contradictions. This is by the historical conditions at the time of the decision. second draft in the draft stipulates that the Government is subject of compensation for expropriation, demolition of cancellation on the basis of the construction unit, to further clarify, housing commission house collection department can impose the implementation agencies to undertake the housing levy and compensation for specific work. Housing implementing agencies shall not charge for profit. housing levy imposed on housing sector implementing agencies to implement housing levy and compensation shall be responsible for supervising the behavior and the consequences of the behavior of legal liability. prohibiting the construction of units involved in the relocation activities Any unit or individual shall not resort to violence, intimidation and disruption of water supply, heating, gas, electricity and road access and other illegal means to force the relocation of people to be levied.
six, on the forced relocation imposed during
forced relocation is a community hot issues of common concern, a total of 3950 views, mainly in the following two aspects: First, the main charge that the Government, as housing is a party, should not have the right to administrative demolitions, the Government shall only request the court to force the demolition; or even if the government forced evictions, is also required by law to apply only after the court ruling forced evictions, the demolition proposal to abolish the system of administrative enforcement. second is that in order to improve the collection efficiency of the work to ensure the smooth progress of construction activities, it is necessary to retain the Chief forced relocation, forced evictions, but should the conditions and administrative procedures to be strictly limited.
in accordance with the existing Ordinance, the Government has instructed relevant departments to enforce the demolition, forced evictions may also apply to the court. According to the Ministry of Housing and Urban Construction, near In recent years, the average ratio of administrative compulsory relocation of about 0.2%, occurred during the forced removal, although very few serious incidents, but must attach great importance to take effective measures to prevent such incidents. According to the General Office of the NPC Standing Committee on August 28, 2009 for comments to the public, . Accordingly, the provisions of the second draft by the Government for the court to enforce the abolition of compulsory administrative removal. Such provisions will help to strengthen grass-roots activities of government compensation for the constraints imposed, levied on housing benefit and compensation to reduce the conflict.
In addition, the view that regulations should include imposition of collective activities of the housing on the land. We believe that through research, regulations and land management laws as defined in the public interest and fair compensation be imposed to ensure that their interests do not damage and improvement in the public interest not to contribute to be charged in the market than the voluntary housing transactions on the principles of those who suffer should be the same; in our study is overall consideration. But under current law system, the state-owned houses on the land and collective land expropriation were imposed by the Ordinance and the Land Management Law, the adjustment, we will continue to pay close attention with the relevant departments of the amendment to the Land Management Law.
We also according to different views on the legal responsibility further made clear, refined. on the city, the county government, the Housing Department and its staff imposed in violation of the regulations of the act, shall order a correction, notice of criticism; losses, shall be liable for compensation; directly in charge of personnel and other personnel directly responsible shall be given a warning, demerit record, recording a serious demerit, demotion, dismissal until the expulsion; constitutes a crime shall be investigated for criminal responsibility.
(Editor: Mei Zhimin