Country curtilage base collects a problem to perplexing farmer of the ground that be asked for from beginning to end. Encounter collect, common people if 2 bonze feel a unit of length,often do not wear brains. In dimension authority process, many areas obtain the meeting after approving to allot in the give an official that ask for the ground collect a decision. Encounter collect a decision, be reconsidered in time and the key that lawsuit is dimension authority. But collect a decision how dimension advantageous position is more significant, collect material how to be examined urgent need knows person be expropriationed wait for a problem. Yang Yong's lawyer from ask for the ground to set out actually, the problem that in combining oneself to handle a case, encounters, for broad summary of person be expropriationed induced involve curtilage base is collected in a few points that thought fors the time being, the hope helps strength with this broad person be expropriationed.
The a bitth, the problem of two years of time that collects the legal basis of the decision to ask for ground give an official namely
The give an official that ask for the ground is the basis that collects a decision, want to note its time problem when investigating the give an official that ask for the ground. " the decision that the State Council reforms firm land to manage about deepening " (the country sends 2004 〕 of 〔 28) the 19th regulation, agricultural the ground turns after using sanction, did not carry out two years completely specific ask for the ground or use ground act, approval file is automatic invalidation. Ministry of land natural resources about print and distribute " about perfect and agricultural the ground turns use and land collects the opinion that examines a newspaper to approve the work " (land endowment sends 〔 2004 〕 237) the announcement also made similar provision the 14th times, agricultural the ground turns use and land collects approval file period of efficacy to be two years. Agricultural the ground turns use or land is collected classics after be being approved lawfully, government of city, county did not use the land inside two years or did not carry out the compensation that ask for the ground to find a place for of plan, concerned approval file is automatic invalidation.
In practice, person be expropriationed often does not see the written reply to a subordinate body that ask for the ground, those who see often is to collect a decision. If some cases are medium, after the give an official that ask for the ground is approved, in the time that is as long as 7 years, collect a branch to did not release the announcement that ask for the ground, compensation to find a place for plan, did not carry out specific ask for the ground or use ground act. Ask for ground give an official to already was not carried out two years completely actually, already invalidation. Go making again collect a decision not to have legal basis naturally.
at 2 o'clock, collect the legal process problem in the decision
The first, before making go out for a battle accept a decision, collect whether does the branch visit the investigation, residence condition that verifies farmer of the ground that be asked for on the spot, whether to sign via farmer affirm, the investigation that ask for the ground is registered whether to mirror instead broad be collected actual condition of the person.
The 2nd, fair show, declared problem. " land management method " the 48th regulation, after the compensation that ask for the ground finds a place for plan decides, government of concerned place people ought to announcement, listen to the opinion of the organization of rural collective economy of the ground that be asked for and farmer. Person be expropriationed should be examined when examining experience case to collect a project collected a branch to whether undertake fair show, announcement, want seasonable report to compensating those who find a place for plan has an opinion, should apply for the application hearing of witnesses of hearing of witnesses.
The 3rd, compensation fund full specified amount pays, problem of special funds appropriative. " land management method carries out byelaw " the 25th regulation, each fee that collects land ought to ask for the sum inside 3 months since the ground compensation, day that finds a place for plan is approved to pay oneself. The 26th sets, land compensation expenses puts in rural collective economy 's charge the organization is all; What the attachment on the ground and young crops compensate cost to put in the attachment on the ground and young crops 's charge is possessory all. Collect land find a place for allowance is expended must special fund is special, do not get move to make him use. Collect a branch to should provide compensation fund full already specified amount arrives the proof of Zhang. In practice, in filling agreement of some ask forring intended clerical error of a few important information, did not achieve special fund special. Although some projects already compensated land the paragraph to pay to the village appoint meeting, but the compensation of the attachment on the ground expends building etc to did not reach the designated position tardy however.
at 3 o'clock, collect decision place to carry collect limits asks for ground limits to whether answer relatively with what ask for ground give an official
To announcing those who ask for ground give an official, the means that person be expropriationed can make public through filing information gets the basis that collects a decision (the give an official that ask for the ground) . The give an official that ask for the ground adds survey to decide group plan commonly, person be expropriationed should observe survey decides the limits of the four boundaries of a piece of land or a construction site that the bound pursues carefully, observe whether its include oneself curtilage base. A lot of collects a decision limits in practice all cannot the limits with the give an official that ask for the ground is corresponding, if collect the limits of the decision to be more than the limits of the give an official that ask for the ground, collect a decision to break the law, those who belong to a model is little many batches take action. This also is the meaning place that this kind of information makes public nonfeasance lawsuit to be mentioned often.
at 4 o'clock, the checkup of public interest standard
In a lot of projects, the attestation logic that collects a branch is: Brought into shanty town to transform accord with public interest so. Yang Yong's lawyer thinks, the decision criteria that whether accords with public interest was not to whether bring into shanty town, because brought into shanty town to transform limits to think,cannot accord with public interest necessarily, and should seeing its use ground property is construction public facilities if facilities of the school, hospital, transportation wait or be like construction residence in order to to answer change to find a place for to improve living environment of the people etc. If use ground property to be business the ground, those who involve is commercial interest, involve public interest far from. So person be expropriationed can is opposite completely the compensation that ask for the ground finds a place for plan or instruct those who hand over land to decide to mention to reconsider or this regards proceeding lieutenant general as a point put forward clearly.
at 5 o'clock, curtilage the compensation standard problem of house of base main rooms. Whether is building seat brought into now town planning area, should consult like what bring into town planning area carry out house of state-owned land main rooms to impose compensation standard.
" top people court involves case of administration of rural collective land about cognizance the regulation of a certain number of problems " dozenth a the 2nd section provision, the building etc that land did not collect to go up when collecting rural collective land is praedial undertake finding a place for compensating, seat of the building when compensation finds a place for already brought into town planning area, land obligee requests those who carry out house of state-owned land main rooms to impose compensation standard to consult, people court should grant to support commonly, but ought to deduct the land that has acquired to compensate cost.
Building compensatory consults standard, country and city are undoubted the difference is vast. Rural house basis " area compensation value + replacement becomes new price " often had compensated low, if can consult house of state-owned land main rooms " the market price case of similar estate " undertake compensating, undoubted can great advantage is collected person. When if compensate,finding a place for, curtilage buy of base place v/arc be on the throne already brought into town planning area, should be opposite according to standard of compensation of house of state-owned land main rooms person be expropriationed undertakes finding a place for compensating. Additional, whether to bring into town planning area, general not be in a position is informed person be expropriationed, can apply for information to be learned publicly to local program branch.
at 6 o'clock, in practice, collect a decision to already was affirmed by forensic judge its are lawful quality, below this kind of circumstance, does person be expropriationed still have without necessary be aimed at again collect a decision to sue?
Although, the lawful sex that collects a decision already was affirmed by the court, but person be expropriationed still is enjoyed accuse authority is beyond question. In conduction case process, face this kind of situation, also meet in bright lawyer none hesitant to lodge a complaint, the purpose depends on locating the illegal spot in collecting a decision, persuade a judge to be coordinated from which. Think in Yang Yong's lawyer same basis of the legal basis that collects a decision, powers and authorities of office, make should agree the program. Be in specific when examining, need is emphasized see the evidential data that collects a branch twice to refer whether agree. If same the evidential data that collects a decision is widely divergent, include to ask for ground give an official inside file all abhorrent, cannot corresponding, collect a branch more indecipherable among them all the details, can explain collect decision law basis ambiguous, make program disorder, put in a lot of illegal case.
Yang Yong's lawyer wants to hint everybody's is finally, "Civilian tell an official " already not was delicacy has a vocabulary, the legal consciousness of common people is increasing ceaselessly, more and more ordinary people walk into a court, strive for oneself legitimate rights and interests hard. Collect the case involves person be expropriationed to weigh golden eggs. To receive reasonable compensation, know project news better, the standard collects sectional action is Chongzhongzhi is weighed, and the first pace that walking into a court is dimension authority! Be in instantly country especially curtilage below the tears open change to compensate general and serious on the low side circumstance of house of base main rooms, of farmer of the ground that be asked for hold to lawfully thought fors the time being more appear commendable.
