Because national construction needs, at present already the house hair that large-scale begins to collect common people, before be torn open, tear open change just should sign compensation agreement with person of the change that be torn open, but tear open change at present square as a result of very difficult compensatory relevant law laws and regulations fulfils real life in, because this is torn open not less,change person rejects an autograph to amend an agreement.
So, is change torn open to you just can be carried out during the thought that tear open change fors the time being tear open change?
Administrative lawsuit is a court should citizen, legal person is other perhaps constituent request, through examining administrative action the means of lawful sex, solve the activity of controversy of the administration inside specific limits. Specific administration action has the feature of cabined force and deterministic force, become namely legal no longer controversy, when cannot changing deadline to come, this specific administration action was obtained cannot change, no longer the deterministic force of controversy, executive authority and the opposing party must be abided by, other country office and social member must give esteem.
House of state-owned land main rooms tears open change, according to " house of state-owned land main rooms is collected with compensation byelaw " legal process of the regulation is carried out. The duty of government and function branch set in this law, if existence breaks the law and enroach on others closes right increase, criterion rights and interests can be applied for lawfully by enroach on person administration is reconsidered or administrative lawsuit. To compensating standard problem, legal provision is not under value of circumjacent building market.
And basis " house of state-owned land main rooms is collected with compensation byelaw " the 28th the first specific provision the requirement that government of people of prefectural class above files a court to be carried out compulsively is person be expropriationed decide to be in to collecting compensation the method is regular, do not remove again inside the term that compensation decides to set. That is to say if be torn open,change person has decided what administrative lawsuit mentioned inside deadline in the law, the government cannot apply for people court to be carried out compulsively, what cannot carry out pair of buildings by oneself more is compulsive demolish.
Of house of collective land main rooms tear open change, basis " land management method carries out byelaw " the 45th regulation, disobey land government legislation, code to set, obstruct country builds commandeer land, by administration of land of government of people of prefectural class above director branch is instructed hand over land; Refus does not hand over land, apply for people court to be carried out compulsively. " administration is compulsive law " fiftieth 3 regulations, party does not apply for to administration is reconsidered or mention lawsuit of politics of start on a journey inside legal time limit, nonperformance administration decides, the executive authority that implements power compulsively without administration is OK inside 3 months since the day from deadline at the expiration of one's term of office, courtyard of this civil code of section provision applicant carries out according to compulsively. But if be torn open,change person mentioned inside legal time limit administrative lawsuit, relevant section cannot apply for people court to be carried out compulsively.
Is that torn open doesn't change person sign tear open change to you just can tear open change compulsively?
1, if did not sign, corresponding legal order mentions inside legal time limit in the meantime, criterion cannot, once carry out,tear open indulge belong to illegal forced releasing.
2, but if just do not sign, and in legal time limit Neibudi has legal program, refus is not moved. Tear open change to just can apply for people court to be carried out compulsively lawfully demolish.
If be torn open,change person still is during dimension authority, building of person of the change that be torn open is carried out to tear open change, person of the change that be torn open must notice, communicate in time with acting lawyer, for next dimension authority prepares as early as possible.
