Reading guide:In China, village committees do not have the qualifications to be the main body of demolition, and it is illegal to actively demolish and relocate. The village committee serves the villagers of the village, manages the public affairs and public welfare undertakings of the village, and is not a first-class people. Therefore, in the process of land acquisition and demolition, the demolition work can only be organized after obtaining the entrustment of the people at or above the county level. And it must be carried out in accordance with the law, and cannot violate the laws and regulations on demolition.
Facts of the case:
Just recently, Mr. Li's family in Fujian Province was cut off from their home by the village committee. After thinking about it, Mr. Li realized that this was all caused by his failure to sign the compensation agreement. A few days ago, the village committee also brought a group of unidentified people to threaten Mr. Li with a resettlement compensation agreement: If you don't move away, your daughter's job in the village primary school will not be guaranteed!
It turned out that a month ago, when the village committee went to the village to publicize the poster of the city's ** demolition, Mr. Li asked to show the expropriation notice, but no one responded. However, the village committee directly decided to give Mr. Li 100,000 yuan as compensation for his resettlement.
This time, the village committee not only did not stand on the side of the village collective, but acted as the "steward" of the expropriator. Finally, Mr. Li had no choice but to take legal action to defend his rights and contacted a demolition lawyer.
The village committee actively demolished and relocated but did not "understand the law", and did not know that it had done so many illegal acts!
According to the Organic Law of the People's Republic of China on Villagers' Committees
Article 2. Villagers' committees are grass-roots mass autonomous organizations for villagers' self-management, self-education, and self-service, and practice democratic elections, democratic decision-making, democratic management, and democratic supervision.
The village committee serves the villagers of the village, manages the public affairs and public welfare undertakings of the village, and is not a first-class people. Therefore, in the process of land acquisition and demolition, the demolition work can only be organized after obtaining the entrustment of the people at or above the county level. And it must be carried out in accordance with the law, and cannot violate the laws and regulations on demolition.
Of course, some cadres of village committees themselves do not know much about the law, and this will lead to a lot of chaos in the expropriation and affect the villagers. Let's keep our eyes open.
1. The land requisition announcement hidden by the village committee is actually a "red-headed document" for the expropriator to requisition the land, which should be made public to everyone.
The expropriation announcement contains a series of contents closely related to the expropriated person, such as the land requisition approval authority, the approval number, the approval time, the approved use, the compensation standard for land requisition, and the resettlement and compensation channels for agricultural personnel, and the expropriated person has the right to request the expropriator to publish the land requisition announcement.
In this case, the village committee only held a self-made propaganda poster and did not post a notice of expropriation. I can't help but make the villagers suspiciousCould it be that the village committee is "a fox and a fake tiger", and there is no such thing as land acquisition and demolition?Or is the land approved by the expropriator too small and the actual land acquisition area is large, and the heart is empty?
2. Violent relocation has long been prohibited, and these small actions of the village committee have violated the law.
**The urgent notice of the General Office on further tightening the management of land acquisition and demolition and effectively safeguarding the legitimate rights and interests of the masses requires strengthening supervision and management, and investigating and punishing violations of laws and regulations in accordance with the law.
Among them, it is expressly forbidden to demolish and relocate, interrupt water, cut off electricity to promote forced demolition, and surprise demolition. In the case of violent demolition and requisition, land requisition, or serious property losses, the public security organs should intensify the handling of cases, ascertain the facts as soon as possible, and severely punish the criminals in accordance with the law.
These demolitions are not only illegal, but may also involve crimes if the circumstances are serious. For example, in this case, the road for the parties to travel at the door was cut off, resulting in the inability of people to go out at that time, which has constituted the crime of illegal detention to a certain extent. As long as Mr. Li collects evidence, it is very likely that he will rebel against the expropriators.
3. It is not up to the village committee to decide which compensation method to choose.
As we all know, there are three types of compensation for collective land acquisition: land reconstruction, resettlement housing and monetary compensation. Compensation is related to the production and life of the expropriated person for a long time, and these three types of expropriation and compensation methods obviously cannot be directly decided by the village committee. Whether you want money, housing or land, different villagers will have their own different considerations, and they can choose by themselves.
For example, farmers who already have houses in towns may choose monetary compensation, while villagers whose only homes have been demolished may prefer resettlement houses. This is the choice of the villagers, how can it be that your village committee will make a decision?
In the event of illegal demolition and relocation by the village committee, collect evidence in an orderly manner, and take legal means to protect rights and strive for reasonable compensation.
First of all,When the expropriator threatens us with violence, we must call the police. Although some ** just drove around in a police car, and did not actually solve the problem of land acquisition and demolition, at least it could hinder the temporary violence of the expropriator.
Secondly,Pay attention to keep all the evidence of the expropriator's violations, such as keeping police records and shooting**, which may become strong evidence for rights protection in the future. At the same time, it is necessary to protect rights through legal channels in a timely manner.