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The house was forcibly demolished during the flood season, and it was really a house leak that happened to rain overnight, and it was when it rained heavily, but the house was gone, which made people go to live in **? Forced demolition is forced demolition, which is obviously illegal.
One. The state already has relevant regulations prohibiting rough law enforcement. China's rapid economic development and the expansion of urban scale will involve the issue of land expropriation, which has led to the occurrence of violent demolitions that have had a very bad social impact.
For ordinary people, the house is the most important property of a person and even a family, and it is for this reason that it is basedThe state has clearly issued relevant regulations prohibiting rough law enforcement and violent demolition in the process of house demolition。For parties in violent demolitions,The state will impose severe penalties according to specific circumstances, and the direct leaders will bear joint and several liability
Two. ** Deal with the parties in coordination and compensate for the loss. But the state needs to expropriate land, so what should be done at such a time?
This is the time to test the local problem-solving skills. At such times,The local government should take the initiative to communicate and coordinate with the housing parties, do the grassroots work, assess the losses of the housing parties in accordance with the national standards, and compensate the parties for their losses. In the case of ensuring that people's lives and property are not damaged, it is also necessary to ensure that the legal compliance of land acquisition and the progress of the project are carried out in a planned and step-by-step manner.
Three. The parties may file a lawsuit or administrative review as a result. In this case, the parties to the house can file a lawsuit or administrative reconsideration of the forced demolition of the house in accordance with the law.
The people's courts are for the peopleIt is believed that the court should make a corresponding judgment in accordance with the law to protect the loss of the rights and interests of the parties to the house.
The house is one of the most important assets of the common people, and it is also a haven for a familyFor a person or a family, the importance can be imagined. Violent demolition and brutal law enforcement are not advisableWe cannot ignore the interests of the common people because of land expropriation. This requires the local government to implement national policies and relevant regulations in the process of demolition and relocation to effectively protect the rights and interests of the people.
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The relevant ** department responded to the forced demolition incident, and the demolished houses were temporary production houses, not homesteads, and belonged to the illegal construction of the embankment. In 2019, Mr. Xu's household was included in the demolition scope of the "Reinforcement Project on Both Sides of the Chenyao Lake Section of the Hengbu River". Therefore, to deal with this practice, I still only stand in the ** department, and during the flood season, it is also a good thing to demolish such dangerous buildings.
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I think it is very normal to demolish because this house affects flood control, and if it is not demolished, it will cause other losses.
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I think it's a bit too direct, doesn't take into account the feelings of the owner, and is a bit rude.
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Forced demolition must have been assessed in various ways and necessary to do so. In the general direction, understanding and support should be given.
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Forcibly demolishing a house without the consent of the parties concerned is actually a kind of brutal law enforcement and is illegal.
One. Relevant national regulations. In recent years, due to the rapid development of China's economy and the continuous expansion of urban scale, there have been vicious incidents of forced demolition of houses without the consent of the parties involved in the houses in some areas, which has had a very bad impact on the society.
Because of this, the state has made relevant regulations on the details of the house demolition processIt is clearly stipulated that forced demolition is a rough law enforcement, and it is clearly required that all localities do not allow forced demolition and relocation, and effectively protect the interests of the people
Two. Personal housing property is protected by law. Each of our houses has a title deed as proof that you own the ownership of the house, so the house is the personal property of every citizen and is protected by law from being violated.
**In the case of land requisition, you can't follow your own wishes, enforce the law casually, and demolish it if you want toIt is clearly illegal to brutally and brutally enforce the law and trample on the rights and interests of citizens at will
**In order to acquire land, the consent of the parties to the house must be obtained before it can be demolished. The house cannot be demolished without the knowledge of the person involved in the house, and the house belongs to the property of the person involved in the house, and the house is demolished without his consent, which also violates the right to know of the party to the house and harms the legitimate rights and interests of the party to the house.
For the local government, land acquisition should be carried out under the premise of relevant national regulations. In the process of requisitioning, we should do the work meticulously and sufficiently, not only to ensure that the tasks are completed, but also to ensure that the interests of the common people are not harmed。When disagreements arise, communication should be maintained at all times, properly handled, and losses should be compensated in accordance with regulations, and law enforcement should not be brutal or brutal.
For the people, they should actively cooperate with the demolition action and protect their rights and interests legally.
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I think it's really illegal because the demolition people didn't have the consent of the homeowner and didn't give any notice.
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Forced demolition is definitely a crime of the stove, which is to damage the legitimate rights and interests of the owner of the house, and the demolition of the house is subject to the consent of the owner, and only the owner of the house can handle and make decisions on all his property.
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Forced demolition is a crime, and even during the flood season, the house has a right of ownership.
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Breaking the law, even if the house is in the flood season, there is a reason to demolish the house, and it should not be forcibly demolished in disregard of the wishes of the house owner.
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The State protects citizens' legitimate income, savings, ownership of houses and other legal property; The inviolability of the homes of citizens of the People's Republic of China; It is forbidden to illegally search or illegally invade citizens' homes, so the act of illegal demolition is contrary to the spirit of our Constitution.
1. There are the following three types of compensation costs:
1. The replacement fee of the house is used to compensate for the loss of the owner of the house to be demolished, and is calculated according to the unit price of the square meter according to the structure and depreciation degree of the house to be demolished.
2. The turnover compensation fee is used to compensate for the inconvenience of the temporary residence of the residents of the demolished villas or to find temporary residences, and the temporary living conditions are classified according to the monthly subsidy according to the population of the households of the demolished houses.
3. Incentive compensation is used to encourage the demolished villa households to actively assist in the demolition of the house or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring the demolition unit to resettle the house, and the standards of the demolition compensation fee shall be determined by the local people according to the actual local situation and the relevant laws and policies of the state.
2. Illegal demolition of houses violates several laws.
1. Article 75 of the General Principles of the Civil Law: Citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and the means of production permitted by law as well as other lawful property. Citizens' lawful property is protected by law, and any organization or individual is prohibited from encroaching, looting, destroying, or illegally sealing, seizing, freezing, or confiscating it.
Third, the actual situation.
If the real estate market has changed greatly at the time of actual compensation, it is necessary to determine a reasonable time point for compensation, not only to ensure that the parties can purchase the same house as before, but also to consider the compensation interests of other expropriated persons, so as to maintain the continuity of the policy and the stability of the society. At the same time, compared with the compensation interest, compensation should consider giving the parties appropriate care and arrangements to satisfy the parties' right to choose.
In order to ensure that the parties receive timely, fair and just relief, when determining the compensation method, the parties are given the right to choose either monetary compensation or resettlement housing, so as to maximize their rights and interests in obtaining resettlement compensation, which is in line with the legislative spirit of the National Compensation Law.
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First of all, it depends on whether the state has compensation for the damage to the house caused by the flood, and if there is compensation for the second one, they will definitely introduce some relevant policies, so you can get compensation by going through this process.
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I think the insurance company will bear a large part of the cost, and the state will pay the owner of the house according to the prescribed demolition fee and some compensation.
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There are special responsible people who will solve the problem reasonably, and after the fact, they will help the people to build new houses, and there will be some compensation.
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That has to listen to the superior leaders, and the staff will compensate for the demolished houses according to the reward regulations.
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Recently, a news caught my attention, Mr. Xu, a resident of Chen Yaohu Town, a suburb of Tongling City, Anhui Province, reported that the local ** forcibly demolished 100 square meters of housing, more than 600 square meters of pigsty and ancillary buildings in his home on July 28 on the grounds of affecting flood control, and the remaining 70 square meters of pigsty was also required to be demolished before August 25. The demolition agreement was not signed by his family. I was thinking, it's 2020 now, how can there be such a forced demolition, so I took a deep look.
It is understood that Xu Long, the mayor of Chen Yaohu Town, said that Mr. Xu's house had been included in the scope of demolition as early as 2019 because it was illegally constructed by a dam. The early demolition is due to the needs of the flood control situation, on the issue of demolition subsidy standards, Xu Long said that the above 10 households that need to be demolished during the flood season are not homesteads, and full compensation will not be made, and the town ** asked a third-party evaluation company to make two subsidy plans of 70% standard and 50% standard. In the demolition agreement, Xu's father signed it by the town cadres, and Xu's father used black ink to express his position in the form of fingerprints.
In response to the reasonableness of the forced demolition, Xu Long said that on July 6, the local heavy rainfall caused the water level to rise above the warning of the embankment, and the emergency flood control period in Chen Yaohu Town ended on August 12. During the emergency flood control period, the town identified a total of 10 illegal construction of embankments and demolished them according to the "Supervision and Inspection List of Provincial Leaders". Xu Long also pointed out that Mr. Xu's house had already been flooded once during the 2016 flood season, and there were three dangerous incidents during the flood season this year.
On the south bank of the Hengbu River, where Mr. Xu's household is located, the flood control length of Chen Yaohu Town is 11 kilometers, protecting 200,000 people on the south bank (including Chen Yaohu Town, Laozhou Town, Pujiwei Farm, Tanggou Town) and 300,000 mu of fertile land.
After the demolition of Mr. Xu's house, the hundreds of local chickens raised in his home could not be housed, and the pig seedlings he had booked were also at risk of breaking the contract. Two septuagenarians live in a small tent in hot weather. I hope that the local ** can arrange Mr. Xu's residence as soon as possible.
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Forced demolition of private houses is a very bad social phenomenon, and the relevant departments should strictly grasp it, and it is illegal to carry out demolition without the consent of the people, and the relevant departments have intervened in the investigation.
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The house was forcibly demolished during the flood season, and has received a positive response, and an investigation will be conducted into this incident, and if the investigation is true, reasonable compensation will be given to the demolished residents!
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Houses demolished during the flood season: under the protection of the safety of the villagers. **Compensation program available. For example, land compensation, seedling compensation, resettlement subsidy, and attachment compensation!
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Because the local ** judged that the demolished house was an illegal building in the embankment, it was included in the scope of demolition as early as 2019, and the early demolition was out of the need for flood prevention and control, and ** also proposed two compensation plans for the families to which the houses belonged. Moreover, relevant people pointed out that the demolished houses were temporary production houses, not homestead houses, so it was legal to demolish the houses. At first, I thought it was a forced demolition of the villagers' homestead houses, but the demolition of Mr. Zhao's house was obviously not for living, so we should eat melons rationally.
The reason why this matter is controversial is that Mr. Zhao, who belongs to the demolished house, believes that there are five unreasonable points in this demolition, but there is also disharmony between his own statement and the official refutation of rumors. If it is really the gentleman who wants to mess around and covet a huge amount of compensation for demolition and relocation, and ignore the needs of flood prevention and control, then I hope that the gentleman can be considerate and cooperate. If there is a lack of consideration in the personnel concerned, then I also hope to give Mr. Zhao's family an explanation and compensate in time.
Mr. Zhao said that he had not signed the demolition agreement at all, but the local authorities indicated that Mr. Zhao's father had signed the compensation agreement. Although Mr. Zhao's father was illiterate and could not write, the relevant personnel signed on his father's behalf and asked his father to leave an ink fingerprint to show his approval. To find out this, all you need to do is conduct a simple interview with Mr. Zhao's father, and you can also find a formal agency to authenticate the ink fingerprint.
I don't think it should be possible for some people to oppress the people by virtue of their identity. The demolished house was the production land of Mr. Zhao's family, and it was rashly demolished without prior communication, so that Mr. Zhao's family could relocate those production materials. This brought great trouble to Mr. Zhao's family.
Although the relevant departments have also given time for reprieving, if there is no reasonable communication between the two sides, everything will be in vain. It is hoped that this matter can be resolved as soon as possible so that both parties can return to normal life.
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Because these houses affect flood control and are particularly detrimental to flood control, they must be forcibly demolished.
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