Legal information

Whether it is the expropriation of collective land or the demolition of houses on state-owned land, compensation for demolition is an unavoidable topic and a flash point of conflict. In fact, many people will never encounter demolition in their lifetime. They will encounter it once and only once. Therefore, most people are not clear about compensation for house demolition. For example, what we are going to talk about today, is the compensation for house demolition divided according to household registration? .

Let’s first understand the household registration system. That is, household registration is a legal document produced by the household registration agency of the public security organ to record and retain basic information about the household registration population. It expresses the legality of natural persons living in the local area on a household basis. It is a basic population management system in our country. In January 1958, the Standing Committee of the National People's Congress passed the Household Registration Regulations of the People's Republic of China, which for the first time clearly divided urban and rural residences into "agricultural household registration" and "non-agricultural household registration", laying the basic pattern of my country's current household registration management system.

Until July 30, 2014, the "Opinions on Further Promoting the Reform of the Household Registration System" was officially announced, canceling the distinction between agricultural and non-agricultural household registration. According to the spirit of the "Opinions", household registration is no longer divided into agricultural and non-agricultural household registration. However, only a few provinces have carried out the reform to "resident". The distinction between agricultural and non-agricultural household registration is still common in China.

Let’s look at the relationship between urban house expropriation and demolition and household registration. Since the State Council promulgated the “Regulations on Expropriation and Compensation of Houses on State-owned Land” on January 21, 2011, this regulation has become the main basis for urban house expropriation and compensation. Article 17 stipulates: “The compensation given to the expropriated persons by the municipal and county-level people’s governments that make the decision on house expropriation includes: (1) Compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by house expropriation; (3) Compensation for losses caused by suspension of production and business due to house expropriation.

"According to this law, it can be seen that compensation for the expropriation of urban houses is mainly based on the value of the house itself, and has nothing to do with household registration. Let's look at the relationship between rural land acquisition and household registration. As mentioned before, China still has a large number of agricultural household registrations and non-agricultural household registrations. According to the provisions of agricultural household registration and relevant laws and regulations, members of this collective economic organization have the right to contract the rural land contracted by the collective economic organization in accordance with the law. Each household can have one homestead, but its area must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government.

It can be seen that rural household registration is closely related to farmers' acquisition of cultivated land and homesteads. The main legal basis for compensation for rural land expropriation and demolition is the "Land Management Law" and the "Land Management Law Implementation Regulations". According to the law, when farmland is expropriated, farmers can receive three types of compensation: land compensation fees belong to rural collective economic organizations, but the law clearly stipulates that they are mainly used for farmers whose land is expropriated; resettlement subsidies are calculated based on the agricultural population that needs to be resettled; (3) Ground attachments and young crop subsidies belong to their owners.

Compensation for expropriation and demolition of homesteads mainly involves homesteads and the houses on them. According to the "Land Management Law", "Regulations on the Implementation of the Land Management Law" and relevant regulations of the Ministry of Land and Resources, compensation for homestead expropriation is mainly based on the comprehensive land price, and the houses on it are demolished and compensated according to the objects on the ground. There are three specific methods of demolition compensation: if conditions permit, priority will be given to the relocation of the homestead and compensation for the cost of house reconstruction; pure monetary compensation for demolition is the cost of house reconstruction and the land price of the homestead; for house replacement, the minimum area of ​​the same lot will be 1: 1 proceed.

Therefore, no matter exprop **Finally, I would like to remind you that household registration and resettlement problems are very common in reality. Among them, household registration transfer caused by foreign marriage, military service, and going to college affects resettlement. The complexity is far beyond the ability of ordinary people to handle. If you encounter the above problems during the land acquisition and demolition process, please entrust a professional demolition lawyer to intervene in time to protect your rights, so as to avoid missing the best opportunity for your own interests.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.