Legal issues related to house eviction, legal knowledge of house eviction

Otherwise, everybody will be blind

The fresh spring water, gurgling away, winding you with the moonlight, dropping a quiet tear on the earth, my heart from cold to burning.

Always watching you.

It's only a stone's throw away haha.

Legal analysis: Housing demolition is generally when the state or collective is carrying out urban or municipal planning, when there is a demand for a specific piece of land or a certain piece of land is within the planning scope, the original buildings on the land may be demolished or reconstructed

Regulations on the Expropriation and Compensation of Houses on State-owned Land》 Article 1 These Regulations are formulated in order to regulate the expropriation and compensation of houses on State-owned land, safeguard the public interest, and protect the legitimate rights and interests of the owners of the expropriated houses.

Article 2 For the needs of the public interest, the expropriation of units and individuals on State-owned land shall give fair compensation to the owner of the expropriated house (hereinafter referred to as the expropriated person). Article 3 The prudent expropriation and compensation of housing shall follow the principles of democratic decision-making, proper procedures in imitation, and open results.

Legal analysis: The compensation standard for house demolition is: compensation for the loss of production and business suspension caused by the expropriation of the house.

The people at the municipal and county levels shall formulate measures for subsidizing and rewarding potato grinding, and give subsidies and rewards to the expropriated persons; compensation for the value of the property that has been imitated and expropriated; Compensation for relocation and temporary resettlement caused by expropriation of houses.

Legal basis: Regulations on the expropriation and compensation of houses on state-owned land Article 17 The compensation given to the expropriated person by the people at the city and county level who have made the decision to expropriate the house includes: (1) compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for losses caused by the suspension of production and business caused by the expropriation of houses.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Applying the Civil Procedure Law, for real estate disputes, if the arbitration clause entered into by the two parties is invalid, or the parties expressly agree to settle the dispute by litigation, they shall file a lawsuit with the people's court where the immovable property is located in accordance with the provisions of Article 34 of the Civil Procedure Law. If the dispute is not under the jurisdiction of the administrative authority, the parties may apply for arbitration or file a civil lawsuit. If there is no agreement, you cannot apply for arbitration, and you can only file a civil lawsuit.

The arbitration shall be final. After the award is rendered, the parties may not apply for arbitration again or file a lawsuit in the people's court for the same dispute. Ruined Tambi.

Legal basis

Civil Procedure Law of the People's Republic of China.

Legal analysisIf the disputed house needs to be moved, the relevant departments should also compensate and make an announcement in accordance with the local expropriation compensation method. It is not because the property is disputed that the property will not be expropriated or the compensation will be lessened; Under normal circumstances, the housing expropriation department will give the property owner the corresponding resettlement compensation after the real estate dispute is resolved.

Legal basisRegulations on the Expropriation and Compensation of Houses on State-owned Land Article 27 The expropriation of houses shall be compensated first and then relocated. After the people at the city or county level who made the decision to expropriate the house give compensation to the expropriated person, the expropriated person shall complete the relocation within the time limit specified in the compensation agreement or the compensation decision.

No unit or individual may force the expropriated person to relocate by violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations. Construction units are prohibited from participating in relocation activities.

The dispute is resolved by the following means:

1. Mediation, that is, under the auspices of a third party, the parties to the dispute can eliminate the dispute and reach a settlement through voluntary consultation;

2. Arbitration: After the occurrence of real estate disputes, citizens can ask the arbitration authority to determine the facts, distinguish responsibilities, and make a ruling in accordance with the law;

3. Litigation, that is, filing a lawsuit with the people's court in accordance with the law to resolve real estate disputes.

Do I need a household registration book for house relocation?

Whether the household registration book is required for the relocation of the house depends on the specific situation. Local policies are different, there are different ways to deal with the actual area, the area of the real estate certificate, the number of people with household registration, etc., and the specific methods can be decided according to the local demolition and relocation office.

Legal basis: Article 4 of the Urban Planning Law of the People's Republic of China.

The formulation and implementation of urban and rural planning shall follow the principles of overall planning of urban and rural areas, rational distribution, land conservation, intensive development, and planning before construction, improve the ecological environment, promote the conservation and comprehensive utilization of resources and energy, protect cultivated land and other natural resources and historical and cultural heritage, maintain local characteristics, ethnic characteristics and traditional features, prevent pollution and other public hazards, and meet the needs of regional population development, national defense construction, disaster prevention and mitigation, public health, and public safety.

Construction activities in the planning area shall comply with the provisions of laws and regulations on land management, natural resources and environmental protection.

Local people at or above the county level shall, in accordance with the actual conditions of local economic and social development, reasonably determine the scale, steps and construction standards of the development of cities and towns in the overall urban and town plans.

Houses with property rights disputes refer to houses where there is a dispute over the property rights of the house and the property owner has not yet been determined. When the house is demolished, if the property owner is still in an uncertain state and cannot sign the demolition compensation agreement, the disputer is required to resolve the dispute as soon as possible within the specified time limit announced by the housing demolition management department, so that the demolition work can proceed smoothly.

Legal basis: Article 25 of the Regulations on the Administration of Urban Housing Demolition and Relocation If the dispute is not resolved within the specified time limit announced by the competent department of housing demolition, the demolition person shall propose a compensation and resettlement plan, and the demolition shall be carried out after the approval of the competent department of housing demolition and relocation of the people at or above the county level. Before demolition, the department in charge of housing demolition shall organize the demolition person to make a survey record of the demolished house, and handle evidence preservation with the notary public.

Legal Analysis] What are the ways to resolve disputes over demolished houses? 1. Mediation means that under the auspices of a third party, the parties to the dispute are excluded and a settlement is reached through voluntary negotiation. In China, people's mediation committees have been set up in grassroots mass organizations, villagers' committees and residents' committees, which specialize in mediating civil disputes, including real estate disputes.

2. Arbitration After the occurrence of a real estate dispute, citizens may request the arbitration authority to determine the facts, clarify responsibilities, and make a ruling in accordance with the law. The adjudication is a quasi-judicial activity, and its rulings have the force of law and must be enforced by the parties. 3. Litigation, that is, filing a lawsuit with the people's court in accordance with the law to resolve real estate disputes.

Various types of compensation paid by the demolition and construction unit to the owner or user of the demolished house in accordance with the prescribed standards. Generally, there are: 1. Housing compensation fee, which is used to compensate for the loss of the owner of the demolished house, is classified according to the structure and depreciation degree of the demolished house, and the socks are calculated according to the unit price of square meters.

2. The turnover compensation fee is used to compensate for the inconvenience of the residents of the demolished houses for temporary living or finding temporary residences, and is classified according to the temporary living conditions, and the monthly subsidy is given according to the population of the residents of the demolished houses.

Legal basis] Article 2 of the Regulations of the People's Republic of China on the Expropriation and Compensation of Houses on State-owned Land stipulates that for the needs of public interests, fair compensation shall be given to the owner of the expropriated house (expropriated person) for the expropriation of the houses of units and individuals on state-owned land.