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The netizen quizs: The house of my home should tear open change, but the money that tear open change did not talk about approach, tear open change to do say project plan cannot be delayed, if or else moves,be about forced releasing, still say my home building does not have card to belong to building of violate the rules and regulations, forced releasing does not need us to agree. Is excuse me the lawyer such? Do they have right forced releasing?
This period honored guest: Lang Keyu's lawyer
Beijing observes lawyer of director of state attorney office, professional estate attorney. Dedicated administration lawsuit, land is collected, building of of all kinds house and blame house building remove case more than 10 years, hold course of study is seasoned, person of difficult proper issue is trustful.
The dot listens complete content, it is better that the edge listens to look by the side of understand
The lawyer solves: The project that has legally, below the situation that do not agree in one party party or did not reach compensation agreement, can start forced releasing program, want to press legitimate limits of authority, legal technological process nevertheless, undertake strictly according to legal process.
Demolish cent compulsively to be two kinds, it is respectively " administrative forced releasing " with " judicatory forced releasing " . What administrative forced releasing is aimed at is building of violate the rules and regulations, what judicatory forced releasing is aimed at is legal structure. No matter be " administrative forced releasing " or " judicatory forced releasing " , law all undertook making clear formulary to implementing main body and program.
1.Main body of administrative forced releasing reachs its program
Basis " law of urban and rural program " regulation, the principal part that authority undertakes administrative forced releasing is government of people of villages and towns and city canal branch. Inside town planning area by the city tubal branch undertakes forced releasing, not inside town planning area undertake forced releasing by government of people of villages and towns.
Program of administrative forced releasing: Urge the state that declares party proper motion to demolish → to listen to party and averment → to be accused via urging with written form, party exceed the time limit still is not demolished by oneself, and ill-founded, can make implement a decision compulsively.
2.Main body of judicatory forced releasing reachs its program
Authority undertakes " judicatory forced releasing " main body is a court. Basis " house of state-owned land main rooms is collected with compensation byelaw " " land management method " regulation, the main body of forced releasing of administration of justice of court of application having right is bureau of natural resources of government of people of class of city, county or prefectural level land.
Program of judicatory forced releasing: House of main rooms of ① state-owned land: Government of people of class of city, county makes a building collect compensation to decide → party is had be reconsidered lawfully or both neither of the party after right → of lawsuit expires is reconsidered also not lawsuit, the people court that the → that still does not remove applies for building seat by government of people of class of city, county is carried out compulsively. House of main rooms of ② collective land: Branch of prefectural level land is made instruct hand over land to decide book → party is had be reconsidered lawfully or litigant right, both neither of the party after expiring is reconsidered also not lawsuit, still do not hand over land (the deadline that reconsider 60 days, litigant deadline 6 months) the people court that → applies for land seat by branch of prefectural level land is carried out compulsively.
3.Face illegal forced releasing, how should do?
If do not possess qualification of forced releasing main body, perhaps did not perform procedure of legal forced releasing, demolished building of person be expropriationed compulsively belong to illegal forced releasing, be to the right safeguards oneself to close right increase to this building everybody.
When experience violates forced releasing, want to notice to collect and save relevant evidence, take a picture for instance kinescope record is whose forced releasing oneself building. Want to call the police in time, appeal the life that the force of people police will come to to protect our oneself and belongings safety, also be helpful for securing the testimony such as person of time, place, forced releasing at the same time.
Partial picture originates network, have nothing to do with the content in article
