Experts Suggest That Demolition Procedures Should Be More &Nbsp, And Accountability Mechanisms Should Be Established.

Expert advice

Enhance the "preposition procedure" and specify the scope of collection.

Reporter: in January 29th of this year,

Wang: the biggest change in the two draft is to enhance the "pre procedure", which is to enhance democracy.

For example, prohibiting the occurrence of violent demolition, requiring respect for legal procedures and increasing the principle of compensation, all of which are the contents of the modern rule of law in the draft.

Shi: the two draft specifies the scope of levy.

In some areas, for the sake of development, demolition and pformation of areas that need not be rebuilt have not only caused waste, but also damaged the interests of residents.

This time, the scope of collection is clearly defined. It is stipulated that "the construction of affordable housing projects and the reconstruction of old urban areas should be included in the annual plan for the national economic and social development of the people's government at the municipal level or county level."

That is to say, land acquisition should be considered by the NPC, which is a more democratic expression.

What is "public interest"? The definition still needs to be refined.

Reporter: how to define "public interest" has always been the focus of social concern.

How to understand the description of public interest in the two draft?

Wang: according to the provisions of the constitution, the property law, the land management law and the urban and rural planning law, the collection of urban housing and rural land housing should be based on the need of "public interest", but the definition of the "public interest" is broadly defined in the two draft. For example, "the housing levy can be implemented because of the needs of the government, such as energy, pportation, water conservancy, education, science and culture, resources and environmental protection, disaster prevention and reduction, social welfare, municipal public utilities, and the construction of office buildings for state organs."

Shi: compared with the first draft, the two draft lists many cases of "public interest", but it is still too vague.

For example, the draft stipulates that "dilapidated house renovation" belongs to the public interest, but what kind of house is regarded as an old house? A house that has lived for two or three years can also be called an old house.

In addition, I think we should strictly limit the scope of "public interest".

For example, "the need for the construction of office buildings in state organs" is not suitable for the category of "public interest".

Courts enforce demolitions to facilitate expropriation

Reporter: will it be difficult for the court to enforce the demolitions in the two draft? Is there any excessive demand for the enforcement capacity of the court?

Wang: the two draft stipulates that the government should apply for enforcement by the court and cancel the administrative compulsory demolition.

The new regulation itself is conducive to regulating and restricting the compensation activities of the grass-roots government, and reducing the contradiction between housing levy and compensation.

There is at least one judicial review process through the judicial process to remove the demolition, rather than the administrative departments to launch the demolition voluntarily. In addition, compared with the administrative demolition, the court's demolitions procedure is more strict, more standardized and more pparent, so it is conducive to the expropriation of the people.

Shi: but correspondingly, the court will face greater challenges.

If the forced demolition may lead to the demolition of the original occupant without a house, the house is indeed the object of compulsory demolition. When the government applies for judicial demolitions, the court also needs to weigh carefully between the law and the situation, which will increase the difficulty of the court decision.

To solve this problem, we need the continuous improvement of the whole social security system and relief measures. Secondly, the independence of the court decision in China's judicial practice still needs further protection, and safeguarding the independence of the judiciary will become the key to ensure that the new law has the law to follow and execute according to law.

No less than the market price, the minimum limit for compensation.

Reporter: on the issue of housing expropriation compensation, the two draft clearly stipulates that "the amount of compensation for the value of the house to be expropriated shall not be lower than the market price of the house similar to the real estate that was collected on the day of the announcement of the housing levy decision."

Can this effectively protect the rights and interests of people being expropriated? How should it be refined?

Shi: the two draft clearly defines the minimum value of the value of the house to be compensated, not less than the market price, but does not exclude the situation that may be higher than the market price, which is more realistic.

In this new solicitation draft, the concept of "moving back" is defined as a guarantee of compensation for "not less than the market price".

"Move back" means that we should choose the corresponding location and corresponding location to arrange the move back instead of moving to a very far place. If we choose a far away area, we should make corresponding compensation on the area, and the right to choose the demolished person must be clearly protected by laws and regulations.

In addition, it is suggested that the right to speak should be increased in the selection of assessment agencies.

Since the price of many old houses is far superior to the value of the houses themselves, the upper limit should be set for the depreciation of the houses being demolished, or the value of the lot can be reflected through reasonable compensation.

[suggestions]

Supervision dialogues and accountability mechanisms should be established.

Reporter: what further improvement is needed in the two draft?

Wang: Generally speaking, there are many bright points in the new draft, compared with the first draft.

It is suggested that every citizen earnestly study the new policy to be published and have a clear idea of it.

However, we also note that in the two draft, the rules are mainly aimed at the demolition of public interests and no rules for land expropriation due to non-public interests and private interests.

This requires additional special regulations to clarify the rights and obligations of all parties.

In addition, after the implementation of the regulations, we need to establish new mechanisms, one is to supervise the dialogue mechanism.

It is suggested that a third party supervision system be jointly established by the NPC, CPPCC and even the media.

In the process of expropriation and compensation, the government may hold hearings in order to protect the public's right to know the society.

Shi: in the draft, we have defined the inhumane ways of prohibiting violent demolition, and prohibiting water cut-off and power failure. But once the incident of violent demolition occurs again, who should take the responsibility? Therefore, we need to establish a mechanism of accountability.

Expert card

Wang Jianping: the drafting participant of the property law, Professor Shi Jie, Law School of Sichuan University: member of the CPPCC National Committee and director of Sichuan Dingli law firm.

In December 15th, the Legislative Affairs Office of the State Council published the full text of the regulations on the collection and compensation of housing on state-owned land (the second public soliciting draft), and once again solicited public opinions on the "new demolition Ordinance" legislation.

Around the issue of expropriation compensation, public interest definition, collection procedures and forced relocation, our reporter interviewed two experts, Wang Jianping and Shi Jie, listening to them carefully analyzing the "new regulations".