Introduction: To broad for farmer of the ground that be asked for, whether get fair, reasonable expropriation compensation matters to them directly the long-term bread after lost territory, its cannot call to the influence of the people's livelihood not great. In be being carried out however, although " land management method " reach its to carry out byelaw to compensate cost to land, find a place for the compensation of the attachment on accessorial cost, ground and young crops expends this to ask for the ground big kinds 3 to compensate a paragraph pay whereaboutldirection to all have relatively clear regulation, but the limitation as a result of technology of the legislation 14 years ago, still stayed to have a lot of specious operation spaces. In practice, compensation fund was paid a village by sum appoint can be a kind of relatively common phenomenon...
[case: Is fund of the total compensation that ask for the ground hit to the village appoint meeting? ]
Mr Li is county of B of city of Shanxi province A some village villager. 2008, because build the need of the freeway, mr Li is in the partial land of the village to be brought into to collect limits. Among them, 5 mus of Mr Li home contract cropland is collected, compensation standard is imposed related according to, 5 mus of ground of Mr Li can obtain the compensation that ask for the ground to expend 75 thousand yuan, find a place for compensation expends 30 thousand yuan, and young crops is accessorial expend 7500 yuan. After the compensation that ask for the ground finds a place for plan decides, mr Li fails to take any compensation tardy however. Then he finds B county government to understand a situation. Prefectural government reply says, already made afore-mentioned money the village appoint meeting, let Mr Li proper motion go village appoint can get. Mr Li finds a village again appoint meeting, village appoint can say accessorial cost can give young crops you, but fund of the compensation that ask for the ground and find a place for accessorial cost won't extend, village appoint meeting will unite find a place for. Although Mr Li expresses clearly to abandon uniting,find a place for, village appoint still can insist to find a place for accessorial cost unites management, unified decision to use whereaboutldirection by them...
[legal analysis: Should give an individual should give an individual directly]
The first, prefectural government includes all money young crops accessorial cost called a village appoint meeting. The behavior of prefectural government is lawbreaking regulation, do not handle affairs according to legal process, did not fulfil the duty obligation that the executive authority should use up. Basis " land management method carries out byelaw " the 26th the first: "... 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. " the 3rd: "City, county and countryside (town) people government ought to strengthen what accessorial to finding a place for charge uses a case to supervise. " at the same time, basis " ministry of land natural resources is good about doing further the announcement that asks for land management job " regulation: "When after asking for the ground to approve, be being carried out, branch of natural resources of city county land should ask for ground compensation to find a place for according to what decide plan, seasonable full specified amount pays compensation to find a place for charge; Should pay to be asked for of ground farmer, want to pay a farmer the individual directly, prevent and correct in time hold back, compensation of ground of divert ask forring finds a place for the problem of cost. " visible, mr Li serves as the contract person of the land that be asked for, the young crops on the ground compensates cost of course puts in his 's charge all. Regard local county as the government, b county government is responsible accountability also in supervise and assuring young crops to compensate cost to pay Mr Li the hand directly, is not call its the village appoint the meeting is custodial.
The 2nd, express clearly to abandon uniting the circumstance that find a place for to fall in Mr Li, village appoint still can insist to unite find a place for, reject to pay find a place for allowance is expended. Village appoint can garble, read law to set by accident, violated the own right of Mr Li. Basis " land management method carries out byelaw " the 26th the 2nd: "Collect land find a place for allowance is expended must special fund is special, do not get move to make him use. Need the personnel that find a place for to be found a place for by organization of rural collective economy, find a place for accessorial cost pays rural collective economy the organization, the organization manages and use by rural collective economy; Find a place for by other unit, find a place for accessorial cost pays to find a place for unit; Do not need those who find a place for to unite, after finding a place for accessorial cost extends to be found a place for personnel individual perhaps is asked for so that be found a place for staff agrees, use at paying to be found a place for the insurance premium of personnel is used. " at the same time, basis " top people court involves rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the 23rd: "Contract the ground is collected lawfully, abandon uniting the family that find a place for to contract square, the request sends a bag to just give those who pay what had received to find a place for allowance is expended, should grant to support. " very apparent, village appoint can reject to pay to Mr Li find a place for accessorial cost is not had at the law according to.
Want to hint everybody's is finally in bright lawyer, land serves as the one's very life of the farmer, the land that the farmer wants to cherish his contracts right of administration. The ground is in him hand when, want to make full use of, realize gain; After the ground is collected, want to strive for him due compensation actively to find a place for, meet otherwise " the ground, fill " two sky. The consequence that be slack in work is, access of land of in the end is missing, even most the compensation of at least also may be met take less do not take even. How does that want to you just can maintain bread again?
Beijing of author Piao Li Peng is in bright attorney office
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