Judicial forced demolition refers to a means taken by the state to deal with illegal occupation of land and buildings in accordance with the law. Illegal land or buildings are recovered through the administrative branch in accordance with legal procedures, and compensation is provided to those who illegally build and use the land. In judicial forced demolition, the compensation method is a very important part, and the amount and method of compensation directly affect the interests of the demolition and resettlement objects. This article will introduce and analyze in detail the compensation methods for judicial forced demolition.
1. Monetary compensation.
Monetary compensation means that the compensation for demolition is paid in cash, which is a common way to compensate for demolition. Monetary compensation can standardize the amount and payment process of demolition compensation, and protect the interests of the relocated households to a certain extent. Monetary compensation includes not only housing compensation, but also compensation for other losses, such as business losses.
2. Compensation for resettlement housing.
Compensation for resettlement housing refers to the compensation for the housing resettlement of the demolished persons by the local government through the purchase of housing, the allocation of housing or the purchase of housing by the demolition unit, etc., which is the compensation for the housing resettlement of the demolished personnel by purchasing housing, allocating housing or subsidizing the purchase of housing. Resettlement housing compensation is very attractive for some people with poor housing conditions. However, it must be noted that when compensating for resettlement housing, full consideration must be given to the living environment, educational institutions, medical and health facilities and other supporting facilities of the relocated households to ensure that they are reasonable and appropriate.
3. Rental compensation.
Rental compensation means that when the relocated households live in the same place, the demolition unit provides a rental subsidy to help the relocated households optimize their living environment. Rental compensation is to provide the relocated households with sufficient choice before demolition, avoid being forced to choose a way that is not conducive to their own development, and also help protect the interests of the relocated households.
4. Compensation for temporary resettlement.
Temporary resettlement compensation means that before the demolition, the demolition unit provides temporary shelter and transportation for the relocated households, so as to reduce the inconvenience caused by the demolition to the relocated households. Temporary resettlement compensation is usually to resettle the relocated households in a short period of time before the demolition, so that they can have good living and transportation conditions during the demolition process, and reduce the difficulties caused by the life changes brought about by the demolition.
5. Compensation for the exchange of property rights.
Property rights exchange compensation refers to the exchange of property owned by the demolished households after demolition to realize the transformation of rights and interests. In this case, the property rights of the house to be demolished can be exchanged with other houses, land or other property to achieve property redistribution. The advantage of this approach is that it can fully protect the rights and interests of the evicted households, ensure that they receive adequate compensation, and at the same time reduce the negative impact of demolition on the social environment.
6. Social security compensation.
Social security compensation refers to a subsidy provided to alleviate the living burden of the relocated households after the demolition. It usually includes medical security, pension insurance, unemployment benefits, etc., and adds a certain amount of protection to the original basic benefits to alleviate the pressure of demolition.
7. Educational compensation.
Educational compensation refers to the education provided by the demolition unit to the children of the relocated households. The demolition unit may provide a certain amount of economic compensation to support the educational development of the children of the relocated households, or use the land after the demolition to build educational facilities to improve the family and educational environment of residents.
In short, compensation is very important and necessary for the subjects of judicial forced eviction, and the choice of compensation method should fully take into account the needs of the relocated households to ensure that their rights and interests are fully protected. At the same time, the choice of compensation method should also take into account the environmental requirements of local social development, so as to ensure that the compensation method is in harmony with local economic and social factors. In addition to the form of compensation, the compensation standard is also very important, which should be determined according to the specific situation of the relocated households and the impact of the demolition on their lives, so as to ensure that their rights and interests are fully protected.