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Is there any relationship between house demolition compensation and household registration number? - Yingting demolition lawyer
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-08-08 | Reading times：345
Recently we have received inquiries from many farmers, “We have four people on the household registration book, but the demolition willcompensationIs it reasonable to only calculate based on the standard of two people?" Then, house demolitioncompensationDoes it have anything to do with the number of people registered? Let’s see the analysis below.
1. Understand the household registration criteria
Household registration, that is, household registration, is a legal document produced by the household registration management agency of the public security organ to record and retain basic information about the household population. Household registration is based on household units and is used to demonstrate the legality of natural persons living in the local area. It is a basic population management system that has evolved from my country's history.
In January 1958, the Standing Committee of the National People's Congress passed the Household Registration Decree of the People's Republic of China, which for the first time clearly distinguished urban and rural residents into two different household registrations: "agricultural household registration" and "non-agricultural household registration", laying the foundation for my country's current household registration management guidelines. Until July 30, 2014, the "Opinions on Further Promoting the Reform of Household Registration Standards" was officially announced, eliminating the difference between agricultural and non-agricultural household registration. In accordance with the spirit of the "Opinions", household registration is no longer divided into agricultural and non-agricultural household registration. However, only a few provinces have made changes and replaced them with "residents". The distinction between agricultural household registration and non-agricultural household registration is still common in my country.
2. Urban house expropriation and household registration
Since the State Council issued the "Expropriation and Expropriation of Houses on State-owned Land" on January 21, 2011,compensationAfter the Act, the Act became the city’s housing expropriation andcompensationthe primary basis. Article 17: “The people’s government at the city or county level that makes the decision to expropriate a house shall grant the expropriated personcompensationIncluding: (1) The value of the house being leviedcompensation;(2) Relocation and temporary resettlement caused by house expropriationcompensation;(3) Loss caused by suspension of production and business due to house expropriationcompensation. "According to this law, it can be seen that the expropriation of urban housescompensationThe basis is mainly the value of the house itself, which has nothing to do with the household registration.
house demolitioncompensationWhat does it have to do with the number of people in the household?
3. Rural land acquisition and household registration
As mentioned above, there are still many agricultural household registrations and non-agricultural household registrations in our country. According to the rules of agricultural household registration and related laws and regulations, members of this collective economic organization have the right to contract rural land contracted by this collective economic organization in accordance with the law, and one household can own one homestead, but its area must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government. It can be seen that rural household registration is closely related to farmers’ acquisition of plowed land and homestead land.
Expropriation of rural landcompensationThe main legal basis is the Land Management Law and the Land Management Law Enforcement Act. According to the provisions of this law, when plowing land is expropriated, farmers can obtain three items:compensation:①LandcompensationThe fees are owned by rural collective economic organizations, but the law clearly stipulates that they are mainly used for farmers whose land has been expropriated; ② resettlement subsidies are calculated based on the agricultural population that needs to be resettled; ③ subsidies for ground attachments and young crops belong to their owners.
Expropriation and demolition of homestead sitescompensation, mainly involves the homestead and the houses on it. According to the "Land Management Law" and the "Land Management Law Enforcement Act" and the relevant regulations of the Ministry of Land and Resources, the expropriation of the homesteadcompensationThe main basis is the comprehensive land price, and the houses on it are based on the land features.compensationof.
DetailedcompensationThere are three methods:
If conditions permit, priority will be given to relocation and resettlement of homestead sites, and othercompensationHouse reconstruction cost price;
pure monetary silvercompensation, which is the house reconstruction cost price + homestead land price;
For house replacement, the minimum ratio is 1:1 based on area in the same lot.
It can be seen from this that whether it is the expropriation of plowed land or the expropriation of homesteads and houses on them, demolitioncompensationNone of them have anything to do with household registration.
house demolitioncompensationWhat does it have to do with the number of people in the household?
4. Collection of settlement and household registration
DemolitioncompensationIt has nothing to do with household registration, so the commonly used methods for rural land acquisition are based on household registration.compensationIs the method reasonable? Here, we need to distinguish two concepts,compensationand settle.compensationThe basis is the value of the expropriated land and houses, and the resettlement is a guarantee for the living standards of the expropriated people and their family members. Although the household registration does not affectcompensation, but it will have a practical stake in housing, that is, the right to obtain free housing area or purchase housing at a fair price. Regarding the issue of resettlement, the law only sets out the minimum rigid rules. In practice, most of them are dealt with by local governments formulating legal policies.
Finally, the demolition lawyer reminds us that the problems of household registration and settlement are very common in practice. Among them, the problems caused by the transfer of household registration caused by marrying a daughter out of town, serving in the military and going to college, which affect the settlement, are endless. The complexity is far beyond the ability of ordinary people to deal with. If you encounter the above problems during the land acquisition and demolition process, please promptly entrust a professional demolition lawyer to intervene to protect your rights to prevent you from missing the best opportunity to protect your own interests.
1. Understand the household registration criteria
Household registration, that is, household registration, is a legal document produced by the household registration management agency of the public security organ to record and retain basic information about the household population. Household registration is based on household units and is used to demonstrate the legality of natural persons living in the local area. It is a basic population management system that has evolved from my country's history.
In January 1958, the Standing Committee of the National People's Congress passed the Household Registration Decree of the People's Republic of China, which for the first time clearly distinguished urban and rural residents into two different household registrations: "agricultural household registration" and "non-agricultural household registration", laying the foundation for my country's current household registration management guidelines. Until July 30, 2014, the "Opinions on Further Promoting the Reform of Household Registration Standards" was officially announced, eliminating the difference between agricultural and non-agricultural household registration. In accordance with the spirit of the "Opinions", household registration is no longer divided into agricultural and non-agricultural household registration. However, only a few provinces have made changes and replaced them with "residents". The distinction between agricultural household registration and non-agricultural household registration is still common in my country.
2. Urban house expropriation and household registration
Since the State Council issued the "Expropriation and Expropriation of Houses on State-owned Land" on January 21, 2011,compensationAfter the Act, the Act became the city’s housing expropriation andcompensationthe primary basis. Article 17: “The people’s government at the city or county level that makes the decision to expropriate a house shall grant the expropriated personcompensationIncluding: (1) The value of the house being leviedcompensation;(2) Relocation and temporary resettlement caused by house expropriationcompensation;(3) Loss caused by suspension of production and business due to house expropriationcompensation. "According to this law, it can be seen that the expropriation of urban housescompensationThe basis is mainly the value of the house itself, which has nothing to do with the household registration.
house demolitioncompensationWhat does it have to do with the number of people in the household?
3. Rural land acquisition and household registration
As mentioned above, there are still many agricultural household registrations and non-agricultural household registrations in our country. According to the rules of agricultural household registration and related laws and regulations, members of this collective economic organization have the right to contract rural land contracted by this collective economic organization in accordance with the law, and one household can own one homestead, but its area must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government. It can be seen that rural household registration is closely related to farmers’ acquisition of plowed land and homestead land.
Expropriation of rural landcompensationThe main legal basis is the Land Management Law and the Land Management Law Enforcement Act. According to the provisions of this law, when plowing land is expropriated, farmers can obtain three items:compensation:①LandcompensationThe fees are owned by rural collective economic organizations, but the law clearly stipulates that they are mainly used for farmers whose land has been expropriated; ② resettlement subsidies are calculated based on the agricultural population that needs to be resettled; ③ subsidies for ground attachments and young crops belong to their owners.
Expropriation and demolition of homestead sitescompensation, mainly involves the homestead and the houses on it. According to the "Land Management Law" and the "Land Management Law Enforcement Act" and the relevant regulations of the Ministry of Land and Resources, the expropriation of the homesteadcompensationThe main basis is the comprehensive land price, and the houses on it are based on the land features.compensationof.
DetailedcompensationThere are three methods:
If conditions permit, priority will be given to relocation and resettlement of homestead sites, and othercompensationHouse reconstruction cost price;
pure monetary silvercompensation, which is the house reconstruction cost price + homestead land price;
For house replacement, the minimum ratio is 1:1 based on area in the same lot.
It can be seen from this that whether it is the expropriation of plowed land or the expropriation of homesteads and houses on them, demolitioncompensationNone of them have anything to do with household registration.
house demolitioncompensationWhat does it have to do with the number of people in the household?
4. Collection of settlement and household registration
DemolitioncompensationIt has nothing to do with household registration, so the commonly used methods for rural land acquisition are based on household registration.compensationIs the method reasonable? Here, we need to distinguish two concepts,compensationand settle.compensationThe basis is the value of the expropriated land and houses, and the resettlement is a guarantee for the living standards of the expropriated people and their family members. Although the household registration does not affectcompensation, but it will have a practical stake in housing, that is, the right to obtain free housing area or purchase housing at a fair price. Regarding the issue of resettlement, the law only sets out the minimum rigid rules. In practice, most of them are dealt with by local governments formulating legal policies.
Finally, the demolition lawyer reminds us that the problems of household registration and settlement are very common in practice. Among them, the problems caused by the transfer of household registration caused by marrying a daughter out of town, serving in the military and going to college, which affect the settlement, are endless. The complexity is far beyond the ability of ordinary people to deal with. If you encounter the above problems during the land acquisition and demolition process, please promptly entrust a professional demolition lawyer to intervene to protect your rights to prevent you from missing the best opportunity to protect your own interests.
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