Introduction: Collecting the job that tear open change and other all trades and professions is same on a lot of things, for example is told " It all depends on human effort. " . If person of the change that be torn open finds a place for to compensation malcontent, the hope tries to develop dimension power through legal approach, in understanding relevant policy measure, spread out channel to connect talk things over search to appear to the person on the important thing such as the negotiation particularly important. So, in a lawful expropriation in the program, does the issue close to be torn open what change person compensation finds a place for to the what person of what branch you can have after all? The article, this is combed for everybody in bright lawyer among them 3 kinds of the most serious people...
Say a few more directly, want namely and true can " of be in charge " personnel bargaining of the branch is communicated, and handling time waste on the person that the personnel of unidentified identity society that appears possibly perhaps develops unit of business, construction. Indeed, also need answers latter, but after all they have no right to help you solve final compensation to find a place for problem.
" house of state-owned land main rooms is collected with compensation byelaw " the 4th regulation, the building that government of people of class of city, county is in charge of area of politics of one's own profession is collected work with compensation. In practice, to be being torn open the house with the biggest impact of profit of change human rights is collected decide and collect compensation to decide to want to by people of class of city, county the government is made lawfully and give announcement.
The building with affirmatory government of people of class of city, county collects a branch to organize executive one's line politics the building of area is collected work with compensation. In practice, the name is " collect do " government sector or local housing and committee of urban and rural construction, city updates a branch to wait to become here possibly collect a branch. They are specific and responsible involve collect compensatory specific executive work, compare important segment to have among them collect investigation to register, entrust estate value to evaluate an orgnaization, sign compensation to find a place for agreement and the explanation that collect problem of sex of policy of experience of compensation program institute explain with person of the change that be torn open etc.
What answer relatively with this is " byelaw " the 5th house that sets collects executive unit, its fixed position is understandable for " work only, do not manager " . The building in a few cases collects a branch to be asked for debit is sedulous " snow hides " , and adopt an agreement to buy to advanced face by executive unit even the agreement tears open the means such as change to carry out collect, the legal hazard inside this is met very big.
relatively the building on state-owned land is collected, the expropriation of rural collective land everybody needs the domain pay close attention to 3 kinds of people. " land management method " the 46th regulation, the country collects land, after legal process approves according to, give by government of people of place of prefectural class above announcement is organized carry out. Reason this, rural collective land collects " responsible branch " it is government of people of place of prefectural class above. Specific and responsible the rich branch that the department that implement is a place, with farmer of the ground that be asked for compensation rights and interests has what affect directly to still have a country collective economy is organized or village appoint meeting.
Secondly, the estate price that should seek project of accurate experience proposal evaluates an orgnaization" house of state-owned land main rooms is collected evaluate method " the 4th regulation, estate value evaluates an orgnaization to negotiate make choice of inside formulary time by person be expropriationed; Do not talk things over inside formulary time, be collected a branch through the organization by the building the person is subject to according to minority most principle vote, perhaps adopt shake the random means such as date, ballot decides. Specific measure is made by province, municipality, municipality directly under the Central Government.
On the place specific be how operate? We with " house of state-owned land main rooms collects Tianjin city to set with compensation " will the 35th times look:
The building collects a branch in the building value of estate of make choice of is released to evaluate orgnaization announcement inside limits. Announcement ought to carry bright await choose estate value to evaluate an orgnaization the item such as the fundamental condition, term that negotiates value of estate of make choice of to evaluate an orgnaization, voting time, voting place.
In negotiate term inside, the make choice of that tenant of all person be expropriationed, public house evaluates an orgnaization with respect to estate value is reached consistent, ought to will carry bright place to choose estate the price evaluates an orgnaization and via all person be expropriationed, public house tenant signs or the written material of affix one's seal refers a building to collect a branch. Estate value evaluates an orgnaization according to negotiate a result to decide.
In negotiate term inside, tenant of all person be expropriationed, public house evaluates the make choice of of the orgnaization not to amount to those who agree with respect to estate value, the building collects a branch to ought to organize tenant of person be expropriationed, public house to be subject to according to minority value of voting and certain estate evaluates most principle orgnaization; Await choose estate value to evaluate orgnaization place vote equal, adopt shake the random means such as date, ballot decides. When adopting voting random perhaps means to decide, can undertake spot notarization by the notary organization. Tenant of person be expropriationed, public house did not attend voting, regard as abandon voting right.
Without doubt, estate value evaluates what the orgnaization is in charge of to enter those who issue cent door is an on-the-spot survey, preliminary evaluate result and final cent door the compensation result that evaluates the item such as the report to will affect building be expropriationed directly. The right that reason fills minute of exercise to choose to evaluate an orgnaization is in whole in evaluating link with register estate rate division to enquire adequately with respect to concerned doubt, communicating is very be necessary.
Rural collective land is collected in involve need to evaluate link likewise when the company factory building that house of base main rooms, collective construction uses the ground to go up curtilage, be asked for below the condition that still sets without specific laws and regulations at present ground farmer can consult the building on afore-mentioned state-owned land collects evaluated regulation to examine, thought fors the time being.
Thirdly, "Look for a leader to talk " whether be necessary?In practice, kink of a few people be expropriationed is not worn at seeing from beginning to end in his project leader, those who come to search often is apanage street agency, impose the office " Xiaonian is light " . Whether to when is person be expropriationed compensating heart impeach Lv to collecting, need to look for a leader to talk after all so?
Think in bright lawyer this matter needs objective and rational look upon. After if your calculate on is led,talking with you can " clappers " solve you additional, the compensation interest of extraordinary appeals to beg, so almost impossible, unless this leader dares,defy the law lets him first " go in " . Collecting compensation all is lawfully, begin according to policy, not be which leader is done with respect to do sth without authorization having right advocate change policy and law, this truth everybody is understandable. Everybody is not looked to go up of the eye " Xiaonian is light " , want its to the building collects sectional clerk only such legal status, pertinent question is collected the person can talk with its.
But tell from another angle, if with " Xiaonian is light " talked to compensate dispute to was not solved, seek with the leader interview also is the reason of of course selects person be expropriationed. Normally, the leader that the building collects a branch is to be able to see get, talk to rise, should grasp only it is OK to support mutual valued principle. Once be collected,person selected choose entrusts major to collect dimension of dimension authority solicitor to counterpoise, in the light of experience proposal project possible illegal site mentioned to reconsider, lawsuit, investigate, information applies for publicly to wait for a program, the leadership goes possibility that negotiates a negotiation to also can promote accordingly. In the case that goes up in rural collective land especially, will be answered back and forth even if do not see a leader sometimes, once major collects dimension authority solicitor to intervene, leader of city, county saves the leader in to appear personally actively to be communicated with lawyer or party even also is not impossible thing. The angle that dissolves administrative controversy, stimulative harmony to collect from materiality sets out, the leadership gives interview personally nonexistent any law or the obstacle on policy, be in probably instead because of its in common people heart special " authority " and the settlement that benefits facilitating contradiction issue.
In fact, collect compensation dispute a lot of moment are by no means pure it is interest contradiction, extremely possible still show is all sorts of " historical bequeath " the affection that come down is contradictory. For example is vacated in a few public houses in cancelling a project, a few be vacated to retreat a person to will come for years and can be in the relation contradiction between unit industry leader, colleague and his to the enterprise pay distinctly the thing such as sacrifice and whether to sign vacate room correlation about, cooperating, what do not sign the report below the manner that restrict is the esteem that its expect to obtain, sympathize with, apology, approbate wait for affection to appeal to beg did not get coming true. Below this kind of circumstance, "Off year is light " the staff member comes to do the work apparent " bad to make " , "Old leadership " appear personally contradictory perhaps itself can solve an in part.
Tell from another angle, "Civilian tell an official " one of purposes are inquire for leader. Hear relevant administration contentious case through open a court session, executive authority controller appears in court should appeal to, see a face with person be expropriationed, next mixing can be chaired to be collected in the court the person undertakes negotiation intercessory, the settlement of the problem also with respect to can be expected soon.
