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Legal advice on compensation issues for farmers’ house expropriation
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Article author：Yingting Lawyers Group | Update time：2019-04-26 | Reading times：362
requisitioncompensationAlthough the epidemic occurs in urban and rural areas across the country, and the level of economic development varies from place to place, as a village, it isrequisitionThere is every reason to enjoy the same legal environment. From a constitutional and legal perspective, the legislative power that restricts and plunders citizens' basic rights can only be exercised by the National People's Congress and cannot be delegated to other organs. It is hereby recommended that the national legislative body draft a relevantrequisitionHouse demolition on collectively owned landcompensationarrangement method.
1. Clear rulesrequisitioncompensationbasic principles
Legally correct analysisrequisitioncompensationThe relationship between laws is to establishrequisitioncompensationThe basis of basic principles.
First, the principle that government actions must be strictly restricted by laws. "requisition"It is an administrative law connection. As far as the government is concerned, the implementation of peasant private industriesrequisition(or becauserequisitionHouse demolition) is essentially the interference and restriction of private rights by public rights. The most basic principle is that government actions must be restricted by strict laws. If they are illegal, the authorized matters specified in the express regulations cannot be carried out, including the planning of rights and the way to exercise rights. As far as farmers are concerned, their private industries should be bound by statutory public interests.
Second, fair and reasonablecompensationprinciple.requisitionAfter "compensation"The relationship is a civil legal relationship. The government has the responsibility to be fair and reasonablecompensationResponsibilities and responsibilities for the loss of farmers’ industries; farmers have the right to demand fair and reasonable compensation from the governmentcompensation.compensationThe confirmation of standards and amounts should follow the basic principles of equality, reasonableness, and #naipan# practical damage, and administrative means cannot be used to constrain and rob farmers of their status as industrial subjects and their right to claim compensation.
2. Clearly define specific matters of public interest
Public interest is the behavioral distance of the government in the process of constraining private rights by public rights, and it is also the behavioral distance of citizens accepting the constraints. The regulations must strictly and specifically define public interests by way of examples or exclusions to avoid illegal acts of violating the regulations and conducting commercial development in the name of public interests.
3. draw up a commoncompensationAccounting Standards and Arrangement Principles
Article 47 of the Land Management Law stipulates that land use rightsrequisitioncompensationThe rules are relatively clear and there are specific accounting standards. In the same way, for private property such as houses,requisitioncompensationAccounting standards should also be confirmed. On this basis, each locality will confirm the specific accounting methods in accordance with the rules.compensationamount. by drawing upcompensationAccounting standards can avoidrequisitionFang withholds, suppressesrequisitioncompensationcosts, harming the interests of farmers; it can also prevent the expropriated party from exaggerating the price, making false claims, expanding the area, making illegal profits, and exacerbating the burden on the country's land.
4. Strict legal procedures
The government's expropriation of farmers' private industries must be completed through strict legal procedures. Specifically include: top list,requisitionprogram. Such as: industrial evaluation procedures,compensationStandard publicity procedures, hearing procedures, and forced demolition procedures. Second, the rescue procedure. Such as: administrative judgment procedures, arbitration procedures, litigation procedures.
These procedures must be clear and complete, especially to prevent local governments from acting as decision makers, rule makers,requisitionVarious characters who are the final arbiters of conflicts and disputes.
5. in a larger planrequisitioncompensationDuring the process, the government can consider equipping farmers with lawyers to provide legal guidance, legal consultation and legal assistance.
1. Clear rulesrequisitioncompensationbasic principles
Legally correct analysisrequisitioncompensationThe relationship between laws is to establishrequisitioncompensationThe basis of basic principles.
First, the principle that government actions must be strictly restricted by laws. "requisition"It is an administrative law connection. As far as the government is concerned, the implementation of peasant private industriesrequisition(or becauserequisitionHouse demolition) is essentially the interference and restriction of private rights by public rights. The most basic principle is that government actions must be restricted by strict laws. If they are illegal, the authorized matters specified in the express regulations cannot be carried out, including the planning of rights and the way to exercise rights. As far as farmers are concerned, their private industries should be bound by statutory public interests.
Second, fair and reasonablecompensationprinciple.requisitionAfter "compensation"The relationship is a civil legal relationship. The government has the responsibility to be fair and reasonablecompensationResponsibilities and responsibilities for the loss of farmers’ industries; farmers have the right to demand fair and reasonable compensation from the governmentcompensation.compensationThe confirmation of standards and amounts should follow the basic principles of equality, reasonableness, and #naipan# practical damage, and administrative means cannot be used to constrain and rob farmers of their status as industrial subjects and their right to claim compensation.
2. Clearly define specific matters of public interest
Public interest is the behavioral distance of the government in the process of constraining private rights by public rights, and it is also the behavioral distance of citizens accepting the constraints. The regulations must strictly and specifically define public interests by way of examples or exclusions to avoid illegal acts of violating the regulations and conducting commercial development in the name of public interests.
3. draw up a commoncompensationAccounting Standards and Arrangement Principles
Article 47 of the Land Management Law stipulates that land use rightsrequisitioncompensationThe rules are relatively clear and there are specific accounting standards. In the same way, for private property such as houses,requisitioncompensationAccounting standards should also be confirmed. On this basis, each locality will confirm the specific accounting methods in accordance with the rules.compensationamount. by drawing upcompensationAccounting standards can avoidrequisitionFang withholds, suppressesrequisitioncompensationcosts, harming the interests of farmers; it can also prevent the expropriated party from exaggerating the price, making false claims, expanding the area, making illegal profits, and exacerbating the burden on the country's land.
4. Strict legal procedures
The government's expropriation of farmers' private industries must be completed through strict legal procedures. Specifically include: top list,requisitionprogram. Such as: industrial evaluation procedures,compensationStandard publicity procedures, hearing procedures, and forced demolition procedures. Second, the rescue procedure. Such as: administrative judgment procedures, arbitration procedures, litigation procedures.
These procedures must be clear and complete, especially to prevent local governments from acting as decision makers, rule makers,requisitionVarious characters who are the final arbiters of conflicts and disputes.
5. in a larger planrequisitioncompensationDuring the process, the government can consider equipping farmers with lawyers to provide legal guidance, legal consultation and legal assistance.
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