Legal information

Article introduction: Article 6 of the "Regulations on House Expropriation and Compensation on State-Owned Land" is a regulation on the hierarchical supervision and guidance of house expropriation and compensation work. Strengthening the supervision of the housing expropriation and compensation work of the people's governments at the municipal and county levels, and the guidance of the housing expropriation and compensation implementation of the working departments of the municipal and county people's governments, will help urge the municipal and county people's governments and their working departments to exercise their powers and perform their duties in accordance with the law, ensure the correct implementation of these regulations, safeguard public interests, and protect the legitimate rights and interests of expropriated persons. Even so, if you are not satisfied with the compensation for land acquisition and demolition? Don’t expect “supervision from superiors and subordinates”! This will only delay the statute of limitations and miss the best opportunity to defend your rights.

1. Article 6 of the "Regulations on Expropriation and Compensation of Houses on State-Owned Land" regarding "supervision at higher and lower levels".

People's governments at higher levels should strengthen supervision over the housing expropriation and compensation work of people's governments at lower levels. The housing and urban-rural development department of the State Council and the housing and urban-rural development department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government should work with the finance, land and resources, development and reform and other relevant departments at the same level to strengthen guidance on the implementation of house expropriation and compensation.

2. Hierarchical supervision of house expropriation and compensation work.

1. According to the provisions of Article 4, Paragraph 1 of these Regulations, the people's governments at the municipal and county levels are responsible for house expropriation and compensation in their respective administrative regions. Therefore, in order to regulate house expropriation and compensation activities and prevent damage to public interests and the legitimate rights and interests of expropriated persons, we must first pay attention to and strengthen supervision of people's governments at the municipal and county levels. To this end, in addition to strengthening the supervision of power organs, the democratic supervision of the CPPCC, the supervision of judicial organs in accordance with the law, and the supervision of public opinion, we should also fully pay attention to and use the hierarchical supervision within the government.

2. According to Article 89 of the Constitution, the State Council has the power to change or revoke inappropriate decisions and orders of local state administrative agencies at all levels. The Yingting Demolition Team learned that according to Article 59 of the "Organic Law of Local People's Congresses and Local People's Governments at All Levels", local people's governments at or above the county level have the right to change or revoke inappropriate decisions and orders of lower-level people's governments. This provides an institutional guarantee for the higher-level people's government to supervise the specific administrative actions of the lower-level people's government.

3. Accordingly, the first paragraph of this article clearly stipulates that the people's government at the higher level shall strengthen the supervision of the house expropriation and compensation work of the people's government at the lower level. From the perspective of the form of supervision, the hierarchical supervision of the superior people's government stipulated in this paragraph includes not only proactive inspections, assessments and case-by-case supervision, but also the verification and handling of reports from units or individuals in accordance with Article 7 of these Regulations. It also includes the legal handling of administrative reconsideration cases filed by expropriated persons in accordance with Article 14 and Paragraph 26 of these Regulations.

4. Judging from the results of supervision, if the people's government at the higher level discovers that the housing expropriation and compensation behavior of the people's government at the city or county level violates the provisions of these Regulations, it may order the relevant staff to make corrections, circulate criticism, and impose administrative sanctions in accordance with the law in accordance with Article 30 of these Regulations. If losses are caused, it shall bear liability for compensation in accordance with the law; when necessary, it may also directly change or revoke inappropriate expropriation decisions or compensation decisions made by the people's government at the city or county level.

5. For administrative review cases filed in accordance with the provisions of Article 14 and Paragraph 26 of these Regulations, the review agency shall handle them in accordance with the provisions of the Administrative Review Law and other laws and administrative regulations.

3. Business guidance on house expropriation and compensation implementation.

1. According to the provisions of paragraphs 2 and 3 of Article 4 of these Regulations, the house expropriation departments determined by the people's governments at the city and county levels organize and implement the house expropriation and compensation work in their respective administrative areas; at the same time, the relevant departments of finance, land resources, development and reform and other relevant departments of the people's governments at the city and county levels shall, in accordance with the provisions of these regulations and the division of responsibilities specified by the people's governments at the same level, each assume their own responsibilities and cooperate with each other to ensure the smooth progress of the house expropriation and compensation work.

2. Therefore, Ying Ting believes that to standardize house expropriation and compensation activities and improve the quality and efficiency of house expropriation and compensation implementation, it is necessary to effectively strengthen the business guidance of the housing expropriation departments of municipal and county-level people's governments as well as relevant departments of finance, land resources, development and reform, etc. Ying Ting learned that according to Article 66 of the "Organic Law of the Local People's Congresses and Local People's Governments at All Levels", the working departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are subject to the professional guidance of the competent departments of the State Council in accordance with the provisions of laws and administrative regulations. This establishes the principle that the competent departments of the State Council and the competent departments of the provincial people's governments shall provide centralized guidance to the work departments of the municipal and county people's governments.

3. Accordingly, paragraph 2 of this article clearly stipulates that the housing and urban-rural development department of the State Council and the housing and urban-rural development department of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall, in conjunction with the finance, land and resources, development and reform and other relevant departments at the same level, strengthen guidance on the implementation of house expropriation and compensation.

4. In accordance with this provision, the housing and urban-rural development department of the State Council, together with relevant departments, is responsible for guiding the implementation of house expropriation and compensation nationwide, and the housing and urban-rural development department of the provincial people's government, together with relevant departments, is responsible for guiding the implementation of house expropriation and compensation in the province, autonomous region, and municipality directly under the Central Government. The competent departments responsible for guidance shall have a comprehensive understanding of the implementation of housing expropriation and compensation within their jurisdiction, promptly discover and coordinate the resolution of relevant problems, and urge the housing expropriation departments and other relevant departments of the municipal and county-level people's governments to exercise their powers and perform their duties in accordance with the law.

Yingting reminds you:

Although according to our country's laws, superiors can supervise subordinates in the house expropriation work, they cannot place their hopes entirely on "supervision by superiors and subordinates", which will delay the best time to protect rights and interests. The expropriated and demolished persons may file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Petitions are not a legal means, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.