Introduction: Collect in the building with compensation domain, more and more enterprises, factory was encountered collect, office is brought into to collect limits with the room with room, production. The dweller of such person be expropriationed and average house has a lot of and different place, building area, authority is belonged to, utility makes the enterprise is collected person ought to more careful ground is treated collect. Look from a few angle, the enterprise is collected if the person caught up with those jobs non-standard, existence is a lot of of the part that violate collect a branch, rights and interests suffers a loss more easily. The article, it is with a case in bright lawyer exemple, what may encounter after all in looking to collect dimension to counterpoise in the enterprise in light of...
June 2017, some company was brought into with the workshop workshop at production place collects limits, the result is in signed compensation agreement link to appear problem. There is such description in compensation agreement imposing with what ask for debit to sign in this company: "Bilateral agreement, after this agreement is signed the Party B inside 10 days must cooperate asset to evaluate and evaluate what the orgnaization acts on fair, justice to issue to evaluate a result to give to asset affirm, party A agrees to sign compensatory agreement separately; If Party B still does not cooperate to evaluate, or after this agreement is signed do not grant to affirm to evaluating a result inside 10 days, jia Yishuang just agrees to amend a result to be collected finally with this agreement. " a few short sentences, we if anatomize with respect to meeting discovery this has a problem greatly among them.
The first, press the view of this clause, asset is evaluated will undertake after the agreement is signed, be collected namely this agreement is signed below the case that the person was not having estate value is evaluated, the compensation that person be expropriationed gives in that agreement lost reasonable and lawful premise. Basis " house of state-owned land main rooms is collected with compensation byelaw " the 25th regulation, the content that amends an agreement ought to include to compensate means, compensation amount and pay the site that is used at building of property right exchange and deadline, 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. These item are specific how to agree, depend on the circumstance of building be expropriationed, its report according to what evaluate an orgnaization to issue namely.
" house of state-owned land main rooms is collected evaluate method " the 8th regulation explains, the purpose that building value evaluates collects branch and the compensation that person be expropriationed determines value of building be expropriationed to provide a basis for the building namely. So, this kind of practice is evaluated to be able to make the rights and interests of person be expropriationed is damaged certainly after the autograph amends an agreement first.
The 2nd, after this clause asks person be expropriationed must be signed in the agreement affirm to evaluating a result to give inside 10 days, seem issueing command, abstract to beg to person be expropriationed. If ask for debit to say must how how, is that collected how will relief right of the person assure? " house of state-owned land main rooms is collected with compensation byelaw " the 19th specific provision, be collected what building value disagrees certainly to evaluating, can evaluate an orgnaization to apply for check to evaluate to estate value. Disagree to check result, can evaluate a committee of experts to apply for appraisal to estate value. " house of state-owned land main rooms is collected evaluate method " the 20th, to filing check, application the program of expert appraisal made detailed provision the 22nd. Law gifted person be expropriationed the right of demur, asking for debit to set such provision in amending an agreement is illegimate for certain, unreasonable.
Apparent, this agreement that set trap of a lot of character cannot be signed at all. Analyse by normal thinking knowable, initial filling indemnity specified amount is not on the low side, comprehensive certainly, one just can be involved inside this so " sign compensatory agreement separately " give consultative problem; And the premise condition that signs compensatory agreement additionally is the assessment that person be expropriationed must affirm to a program breaks the law originally reports, this is solid hit solid a guilty person conspicuously protests his innocence.
Because do not understand law to set, also did not examine the clausal setting that amends an agreement carefully, this company signed this existence problem, compensation agreement that cannot fulfil actually at all so. After signing compensation agreement, asked for debit to have new act again, sign on the writ that asks this company does not have legal basis in a series of fine long hair, include " cancel a power of attorney " " remove affirmatory book by oneself " " book of acceptance of rise high into the air " etc, mix by force of pressure right " by stop production close down " anxious, this company was forced to believe to collect square conduct propaganda to persuade, do virtually so actually more abet ask for debit to violate collected aggressive act. In fact, agreement of the compensation below the autograph caused certain thinking " inertial " , a series of things from the back are not signed washed-up, this was entered namely " set " result.
September 2018, the state-owned land use that imposed square without reason to cancel this company card, this also is the situation that the enterprise encounters the likelihood after collecting is encountered. Accept inequity to force a company unreasonable clause, make an enterprise be moved as early as possible from, ask for debit to may take step of a few methods, be like cancel land access droit of building of card, cancel card; Revoke business charter, perhaps send execute the law personnel inspects the Wu of industrial and commercial, duty, item such as environmental protection often. In October 2018, in the compensation that signs before the agreement cannot cash at all, the enterprise just finds a place for to compensation as a result intense dissatisfaction rejects to move the case that leave, asked for debit to be adopted eventually upgrade the action, falling without the circumstance of any legal processes, group staff enters the factory building of this company, drive out employee, attaint monitoring reachs relevant property, loot mobile phone deletes a photograph, carried out forced releasing to experience case workshop.
" house of state-owned land main rooms is collected with compensation byelaw " after coming on stage, administrative forced releasing is legal place unallowed. " ask for filling byelaw " the 26th regulation, the building is collected the branch is in with person be expropriationed the lot that collects compensation program to decide does not amount to compensation agreement inside deadline about, perhaps be collected building droit the person is ambiguous, collect a branch to apply for approval by the building according to of government of people of class of the city that makes a building collect a decision, county the regulation of this byelaw, according to collect compensation program to make compensation decision, collect in the building give inside limits announcement. " ask for filling byelaw " the 28th regulation, person be expropriationed does not apply for to administration is reconsidered or do not mention lawsuit of politics of start on a journey inside legal time limit, do not remove again inside the term that decides a regulation in compensation, apply for people court to be carried out compulsively lawfully by government of people of class of the city that makes a building collect a decision, county. And in this case, ask for debit already not according to " ask for filling byelaw " formulary program applies for to be carried out compulsively to people court, the building that also proves person be expropriationed without evidence belongs to illegal building, demolish a building directly below this circumstance, violate legal order badly.
The part that afore-mentioned irregularity is with respect to this one case analysis only, in practice every collect project and the circumstance of person be expropriationed to differ. Because do business,use room area bigger, involve loss of stop production close down, production to manage be existed by the objective fact such as the superintendency of numerous executive authority, the enterprise is collected compensation rights and interests of the person is damaged more easily, dimension authority difficulty is possible also taller. You remind in bright lawyer, no matter ask for debit,be the place that the existence on the program still works to break the law in amending an agreement, you should be accomplished scrupulous, not blind believe what one hears collects honest propagandist commitment, do not sign those illegimate, unreasonable agreements easily, do not be fear of violent menace, open circuit, stop water supply report to wait force change shift. The most worth while and vigilant is his in this case sign blindly the share is then so-called " amend an agreement " , such creature cannot be signed certainly.
