Basis " land management method " relevant provision, collective land collects compensation to basically include land to compensate cost, find a place for the attachment on accessorial cost and ground and young crops compensate cost. " land management method carries out byelaw " in have a regulation, 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.
According to above regulation, in light of the circumstance in combining practice, the attachment on the ground and young crops compensate cost to occupy than normally less, attributive dispute is not big, the main reason that issue produces because of this part compensation in the case is compensation the price and kind the question with whether corresponding logical eye; Involve those who find a place for allowance is expended, controversy is more is compensation means problem, come true with social insurance means so or be opposite with cash means directly person be expropriationed undertakes finding a place for compensating.
No matter be the attachment on the ground and young crops,compensate cost, still find a place for allowance is expended, obligee is made clear quite relatively, normally the controversy of face of nonexistent cent recipe. But respecting land compensates take time, because collective land puts in collective economy 's charge the organization is all, lost territory farmer enjoys some is the right of the matter that use profit such as use only normally, do not enjoy droit. Because this asks for the ground to compensate charge to this part, undertake allocation lawfully with respect to need.
" villager committee organizes a law " the 24th the 7th regulation, case of recipe of the use that the compensation that ask for the ground expends, cent, via the villager conference discussion decides to just can be dealt with. " top people court involves rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the 24th regulation, rural collective economy is organized or group of villager committee, villager, can the democracy that according to law sets is agreed program, the land that decides to organize interior allocation to had been received in this collective economy compensates cost. The compensation that ask for the ground finds a place for this collective economy has been had to organize the person of membership when plan is definite, the request pays corresponding share, should grant to support. But the allocation that regulations of byelaw of the local laws and regulations that already signed up for standing committee of countrywide National People's Congress, the State Council to put on record, autonomy and specific regulations, local government compensates cost to organize interior in rural collective economy to land the except that method has a regulation additionally.
Combine each district again going up a relevant code that drafts on law foundation regulations, normally the circumstance falls, land compensation expenses is organized by collective economy compensate cost to bring into according to land of part of keep of plan certainty ratio fair the social security defray that accumulates collective benefit fund and farmer of the ground that be asked for, will odd not under certain (regulation) cost of proportional land compensation is direct the allocation that according to the villager conference discussion makes plan pays to allocate an object.
Compensate the allocation of cost about land, the common tort case in practice basically has the following kinds:
One of, collective economy organization is held back provide fund of the highest proportional compensation that ask for the ground more than, use few compensation fund at allocating to pay to be asked for only ground farmer, middling of this kinds of case is accompanying the criminality such as corrupt corrupt;
Secondly, village appoint can not organize villager meeting according to relevant provision, forge villager opinion and sign one's name, illicit distribute program surely, appear finally compensation fund allocates not all circumstance;
Thirdly, the villager that rejects to enjoy the compensation that ask for the ground to allocate a qualification lawfully partly participates in the allocation of fund of the compensation that ask for the ground.
Beijing still tears open change lawyer to want to remind person be expropriationed watchful is, be being collected what the person encounters no matter is above the tort problem of which kinds of case, cannot leave to discuss a decision to arise by villager conference lawfully " the compensation that ask for the ground distributes program " . No matter this plan is from only then nonexistent still be not arise lawfully or it is illegal tort of plan content existence, next dimension right that affecting person be expropriationed act.
That is to say, if think,oneself did not allocate farmer friends the compensation fund of fair and reasonable amount, ought to change the look to this the portion for a short while " distribute program " , the generation that distributes program from cent (program) the illegal site that with content two angle proceed with searchs a likelihood to exist.
Have report of a lot of case, when dimension authority has this one situation, the first obstacle that farmer of the ground that be asked for encounters is whether see this " plan " , and how to affirm " plan " whether do generation process and plan itself exist cheat, break the law violate compasses problem.
Basis " villager committee organizes a law " relevant provision, wait for the item that ought to announce in time to the villager lawfully to involving villager increase, villager committee applies village Wu publishs a system, accept the villager supervise, assure what to announce the authenticity of item, accept the inquiry of the villager.
If this portion allocation plan that farmer friend mentions to us does not understand,had not heard of what also had not seen even, can lawfully to the village appoint can apply for to make public, village appoint meeting ought to offer pertinent information to consult in order to offer to the applicant. That is to say, to this important information, the villager ought to to the village appoint can apply for to make public.
Beijing still tears open change lawyer to want to remind farmer friends watchful is, village appoint can belong to villager autonomy organization, do not belong to national executive authority, village Wu belongs to villager autonomy category publicly, want an area publicly to come apart with governmental information. Publicize the relief program of follow-up setting in the light of governmental information, do not apply to village Wu to make public directly, person be expropriationed ought to notice in dimension authority process, avoid because of seeking way of wrong dimension authority be rebuffed.
On this foundation, if village appoint can not announce the item that should announce lawfully, or the item that announce is truthless, farmer friend is OK the people government to countryside, people country, town or government of prefectural class people and report of concerned director department, perhaps be in charge of a branch to responsible investigation is checked and be instructed by concerned people government announce lawfully, have illegal action truly to classics check, assume corresponding legal responsibility by concerned personnel.
Additional, basis " villager committee organizes a law " thirtieth 6 regulation, farmer friend still can apply for people court lawfully the enroach on oneself that cancel makes by villager committee or villager committee member is lawful the decision of rights and interests, assume legal responsibility lawfully by relevant responsibility person.
Top magic art ever released a involving village Wu makes public the juridical case with lawful sex, beijing still tears open change lawyer to think to be being collected the person undertakes authority has certain referenced sense asking for tearing open dimension lawfully. In this case, party changes an election to exist for many times with this village for illegal crime case, to local municipal government application government information is made public, after getting the answer that informs oneself to apply for information not to belong to governmental information category, party refuses to obey this answer, tell municipal government the court, request court adjudicates municipal government makes information make public answer afresh.
Join the cognizance opinion of top magic art, this case has two important dispute to nod, it is whether village Wu belongs to governmental information publicly to make public a category; 2 it is the application that party submits belongs to governmental information to make public application after all, still be the letter is visited inform against item.
What according to us above place does is relevant and analytic knowable, this case party applies for open item not to belong to governmental information to make public a category apparently, municipal government did not undertake publicity to applying item, do not have undeserved place at the law; Again criterion, the action that person of even when thing approves him is the letter is visited inform against, municipal government also is not this letter visits those who inform against item administer unit.
So top magic art thinks via cognizance, the litigant application of this party is not had at the law according to, made the ruling kill that rejects review application finally.
Tie this record, beijing still tears open change lawyer to hope farmer friends realize is, treat dimension to counterpoise relevant law laws and regulations, person be expropriationed must not know to use without a break with respect to chaos firstly only, more cannot careless miscellaneous mix, try " deceive pass a barrier " . Be collected sometimes the person's failure is not the evidence with enough lack and law according to what cause, be collected however the right way that the person did not seek pair of advancement, what just can counterpoise in dimension is labyrinthian in step forward dimension difficult.
In practice, person be expropriationed needs to carry the legal process with be started due really sometimes, will more " look on sb's trouble with indifference " the executive authority plays end, realize dimension authority smoothly more quickly in order to help his to appeal to beg. But if be collected,the person did not seek means of type of the other side, waste valuable dimension authority time however instead, authority letting dimension at a stand.
No matter be governmental information is made public or the letter is visited,inform against, no matter be administration,reconsidering still is administrative lawsuit, the existence of these programs is to help person of the change that be torn open realize the right to relieve better. But they and all tools are same, use according to accurate method only, send force towards right way, ability has auxiliary effect.
If have,be collected the existence that the person knows tools of these legal dimension power, do not know what starting program of law of what kind of where how to should make in order to reachs this however, can in time seek a help to the professional lawyer that tear open change, below the guidance of professional personage, clever use these tools, him help realizes dimension authority to appeal to beg.
