Face tear open change, how much is what person of the change that be torn open cares compensation, and as the lawyer that tear open change, we are valued more collect the lawful sex that tears open change. Reasonable and lawful compensation is to build in collect those who tear open the basis with legal move to go up. Tear open change tears open change behavior just whether closely related the legitimate rights and interests of standard and person of the change that be torn open, the relevant program that because this country is right,dismantles change has firm demand. Office of attorney of Beijing flower Qi is summed up for everybody arrange change is torn open to just want to abide by what policy in tearing open change, tear open change to close illegimate, look to accomplished these to know!
One, after be being compensated first, removeA few places in tearing open change dismantle change plan for pursuit, use administrative measure to be in did not talk things over adequately reach consistent circumstance to fall, the requirement is torn open change door allows a room first, after reaching consistent ministry classify to the building vacates or be demolished, talk things over again, often create a lot of compensation issue. " house of state-owned land main rooms collects with compensation byelaw " the 27th: Executive building is collected ought to compensate first, hind remove. Government of people of class of the city that makes a building collect a decision, county after to be being collected the person offers compensation, person be expropriationed ought to agree in compensation agreement or compensation decision removes certainly finish inside deadline remove.
Before making a building clearly collect a decision further, collect compensation fee ought to full specified amount reachs the designated position, only door memory, special fund is special. Government of people of class of city, county is in after making a building collect compensation to decide, the building collects a branch to protocol imposes compensation program and ought to sign up for government of people of class of city, county.
The building is collected branch and person be expropriationed ought to according to " house of state-owned land main rooms is collected with compensation byelaw " regulation, with respect to compensation means, filling indemnity forehead is mixed pay the deadline, site that is used at building of property right exchange and area, remove cost, find a place for temporarily expend or have enough to meet need uses loss of close down of room, stop production, remove deadline, transfer means and transfer deadline, conclude compensation agreement.
If the farmer was encountered,choose case of the compensatory after tearing open change, want to know to protect oneself legitimate rights and interests, reject this kind of form that tear open change.
2, impose the living standard that tears open change to must not reduce person of the change that be asked for" land management method " : of 47 the 6th regulation? Make forge of Ц of ㄖ of Suo of grave of Wan of of to joke of Xi of the blame that strap felt smooth with a rake to love die young to hook appearance of storehouse of シ detain bucket to blame Cang Mei of of Ping of cut of Cong of barren of coerce of bewildered ┟ addiction does of bracelet of of orangutan of 3 heart fall ⒅ of of kiss of calamity of ⒆ of of modular ?
" land management method " : of 47 the 7th regulation? ?
From the point of afore-mentioned legislative intention, impose the living standard that change must not lower person of the change that be asked for. Those who issue put oneself in another's position is not make ask for the ground to tear open change to amend a standard in the law that tear open change, on state-owned land the building collects compensation in, main need compensates item 3 times, it is value of building be expropriationed respectively compensation, remove because of collecting what the building causes, the compensation of loss of stop production close down that finds a place for because collect a building to cause,compensation is mixed temporarily.
3, prohibit using force, cut off the water supply cut off the power wait for means to coerce tear open changeBasis " house of state-owned land main rooms is collected with compensation byelaw " the 27th regulation, any units and individual must not adopt violent, menace or deregulation interrupts water supply, heat addition, air feed, power supply and road to pass through wait for illegal means to force person be expropriationed to remove. Prohibit building an unit to participate in remove activity.
At the same time thirtieth is opposite with listing the kind of type the building collects a branch to adopt illegal method to carried out the behavior that tears open change to make specific condemnatory sex provision, afore-mentioned byelaw set 31 times: "Adopt violent, menace or deregulation interrupts water supply, heat addition, air feed, power supply and road to pass through wait for illegal means to force be collected the person removes, cause losing, assume; of liability to pay compensation to be in charge of personnel and personnel of other and direct responsibility to what be in charge of directly lawfully, make crime, find out criminal responsibility; to still do not make crime lawfully, give punish; to form those who disobey action of public security government lawfully, give public security management punishment lawfully. Give public security management punishment lawfully..
Be aimed at a variety of forcing change shift, above all, be sure to keep in mind not to produce the front to conflict with its, save relevant evidence and dial call the police phone, save relevant evidence, entrust the professional lawyer that tear open change to be able to start corresponding program, passing legal approach dimension to counterpoise just is right way.