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First of all, let's see what is the reason for hindering construction! If the compensation is not in place, it depends on the public welfare of the project built! Or development!
And private, if it is a public welfare building, ** come forward, according to the requirements of the state to compensate in place, such as development and private construction, that only developers and individuals and local farmers negotiate to build! For in the negotiations. Both sides have to have a heart to talk!
If you deliberately open a sky-high price! Then only please ** come forward to coordinate! Work can only start after talking about the compensation in place!
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To stop illegal construction, legal means must be adopted, and violence must not be suppressed. It is suggested that illegal land acquisition can be confirmed by using legal means, such as applying for administrative reconsideration and filing administrative lawsuits.
Because during the period of administrative reconsideration and administrative litigation, the expropriator shall not compel the construction, and it is necessary to wait for the reconsideration decision and the administrative litigation ruling before deciding to continue the construction or terminate the construction.
Administrative reconsideration refers to an administrative act in which a citizen, legal person or other organization is dissatisfied with a specific administrative act taken by an administrative entity, believes that the specific administrative act of an administrative entity infringes upon its legitimate rights and interests, and submits an application for reconsideration to the statutory administrative reconsideration organ in accordance with the law, and the administrative reconsideration organ conducts a review of the legality and appropriateness of the specific administrative act in accordance with the law, and makes an administrative reconsideration decision. It is a method for citizens, legal persons or other organizations to resolve administrative disputes through administrative remedies.
The Administrative Litigation Law is a general term for the legal norms that regulate administrative litigation activities and litigation legal relations. It is a legal norm that stipulates that the people's courts, litigants, and other litigation participants shall conduct litigation activities, and that the litigation legal relations formed in the litigation activities shall be formed in the course of litigation activities. Administrative litigation is a kind of litigation procedure law, which is mainly a legal norm that determines the legal status and mutual relationship of litigation participants.
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Legal basis: "Land Management Law of the People's Republic of China" Article 48 Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed.
Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.
The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.
The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.
Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
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Legal analysis: If it is a legal construction approved by the relevant competent authorities, the villagers can report to the police to request ** coordination if they are unreasonably obstructed, and if the coordination does not result in a direct lawsuit to the court to remove the obstruction; However, if it is an illegal accident without the permission of the relevant authorities, it is not illegal for the villagers to obstruct it.
Legal basis: Article 23 of the Law of the People's Republic of China on Public Security Administration Punishments Article 23 Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB
1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and not causing serious losses;
2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places;
3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation;
4) Illegally intercepting, forcibly boarding, or pickpocketing motor vehicles, ships, aircraft, or other means of transport, impacting the normal operation of the means of transport;
5) Disrupting the order of elections conducted in accordance with law.
Where a crowd is assembled to carry out the conduct described in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
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Legal Analysis: If an individual in the village builds a road and refuses to let him go, his behavior is illegal, and the victim may file a lawsuit with the people's court in accordance with the law to request that the nuisance be removed.
Legal basis: Article 100 of the Opinions of the People's Republic of China Article 100 Where one party must pass on the land used by the adjacent party, it shall be permitted; Where losses are caused as a result, appropriate compensation shall be given. Article 101 The owner or user shall not block the passage that is historically formed within the scope of the building owned or used by one party.
Where blockages affect the production or livelihood of others, and others request that the obstruction be removed or restored to its original state, it shall be supported. However, if there are conditions to open another channel, another channel may also be opened.
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Legal analysis: Generally persuasion, if there is no legal reason for obstructing work many times, or if the relevant hail personnel act excessively, they will generally be administratively detained for disrupting the order of the unit or disrupting the production of Jiansong, and if the degree is serious, a criminal case will be filed.
Legal basis: Article 1182 of the Civil Code of the People's Republic of China: Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer; If the infringed party suffers losses from Shanfan and the benefits obtained by the infringer as a result are difficult to determine, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation according to the actual situation.
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Legal analysis: It can be handled according to the actual situation through consultation with the villagers' representatives, and if the negotiation fails, it can be dealt with by the police.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments
Article 2: Where public order is disrupted, public safety is endangered, personal rights or property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.
Article 77: Public security organs shall promptly accept and register cases of violations of the administration of public security transferred by persons who report, accuse, report, or violate the administration of public security, as well as cases of violations of the administration of public security transferred by other administrative departments or judicial organs.
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Whether it is illegal for villagers to prevent the village committee from building roads is up to the judicial authorities to decide. According to the actual situation of the case, it is the neighbors who prevent the construction of the road. You can negotiate amicably with your neighbor to show them the court's decision, and if it still doesn't work, you can call the police if your neighbor uses violence to stop them, or let the court rule again.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 211:After the people's courts conduct a review of a private prosecution case, they are to handle it in accordance with the following distinct circumstances:
1) In cases where the facts of the crime are clear and there is sufficient evidence to be tried;
2) In private prosecution cases where there is a lack of criminal evidence, if the private prosecutor is unable to submit supplementary evidence, the private prosecutor shall be persuaded to withdraw the private prosecution, or a ruling shall be made to reject it.
Article 212:People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in Article 201 of this Law, Paragraph 3 of Article 10. Where the defendant is detained during the time period for people's courts to hear private prosecution cases, apply the provisions of paragraphs 1 and 2 of article 208 of this Law; and where they are not detained, the verdict shall be announced within 6 months of acceptance.
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If it is a legal construction after the approval of the relevant competent promotion department, the villagers can report to the police to request ** coordination if they are unreasonably obstructed, and if the coordination does not result in a direct lawsuit to the court to remove the obstruction; However, if it is illegal construction without the permission of the relevant authorities, it is not illegal for the villagers to obstruct it. According to Article 290 of the "Law of the People's Republic of China on Criminal Punishment and Slippage", where a crowd is gathered to disrupt social order, and the circumstances are serious, making it impossible to carry out work, production and business, teaching, scientific research, or medical treatment, and causing serious losses, the first person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and for others who actively participate, fixed-term imprisonment of not less than three years or short-term detention.
Regulation or deprivation of political rights.
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