Rural land is collected is the domain that the chaos that ask for the ground sends like frequency all the time, break the law collect, compensation value tears open change lowly, compulsively to often see Zhu Baoduan. From the point of active legal provision, collective land of direct and normative country collects do not have a law, just come loose see the explanation at a few other provisions and court in the center.
Accordingly, professional legal practitioner asks for the ground to still need to cost great strength to arrange and learn to the country, how should be judged as ordinary common people again is tearing open change lawful?
It is lawful that love earth asks for the ground to tear open change lawyer group to use simple 3 action to help you judge today tear open change, will look accordingly.
Basis " land management method " country of the 46th regulation collects land, after legal process approves according to, give by government of people of place of prefectural class above announcement is organized carry out. According to this, we can are informed, in China need collects rural collective land, must release land to collect announcement to undertake by prefectural government.
Of course, releasing land to collect announcement by bureau of prefectural land natural resources also is possible. Besides these two main body, the land that other principal part releases collects announcement break the law. Besides government of people of place of prefectural class above, other unit and individual have no right to collect land.
The 2nd, look collect a fileAbove our respecting, only prefectural government just can ask for the ground. So how is judging prefectural government and land bureau ask for the ground? Very simple, see land collect announcement directly (long road, long bridge, other perhaps name) the prefectural government that the rear covers or the official seal of bureau of land natural resources, if be other principal part,the affirmation of the lid breaks the law.
Collect in land there is inside announcement is OK see directly whether does prefectural government have authority to collect, that saves a government namely or the approval of the State Council signs ground article order (tear open what change lawyer group receives to seek advice according to loving earth in light of, most place is unwritten) .
Basis " land management method " the 45th regulation, collect rural collective land to perhaps must save a government or the approval of the State Council, having approval just is lawful expropriation.
Still having a personal interest that matters to everybody is compensation finds a place for plan, this plan is not what village appoint government of meeting, country can release, must be prefectural government or ability of bureau of land natural resources is released, the administrative power that also has prefectural government only can be ensured. A lot of places connect a village appoint meeting dare make find a place for compensation program, really terrible.
The 3rd, look find a place for meansBecause the house price difference of each district is very big, accordingly, rural house tears open change also the current level with national neither one. From countrywide level, have principle regulation only, the principle that ensures living condition of person of the change that be torn open is improved somewhat for instance. Specific reach every place, we can combine rural house to tear open change to compensate 3 kinds of when find a place for different kind to meet compensation standard.
The first kind of means is reorder curtilage base builds a house. Below this kind of case, tear open change to just be offerred freely curtilage base deals with relevant formalities, enough of place compensatory cash lets person of the change that be torn open calculate namely in the new building that original area bulk makes on base curtilage reasonable.
The 2nd kind of means is offerred find a place for the room finds a place for. Find a place for in this kind means falls, finding a place for room and area of building of the change that be torn open below the premise that comparative, one square is torn open change building at least can displacement makes the same score rice to find a place for the room calculates namely reasonable.
The 3rd kind of means is monetary compensation. In this kind compensation means falls, compensation gives the change that be torn open the person's ready money, the room considers the commodity that enough yields party to buy same area in nearby area reasonable namely.
If impose square compensation standard standard of living of unwarrantable former some, it is illegimate.
Good, love earth to tear open change lawyer group to be what everybody explains how to judge a country today ask for the ground to tear open change lawful. If you are encountered,ask for the ground insolubly to tear open change law problem, seek advice in time to ask for the ground professionally to tear open change lawyer, the legitimate rights and interests that protects you does not suffer enroach on.
Civil / love earth tears open change lawyer round Zun Rui
