Author: Lawyer Zhou Jun.
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Can urban residents receive administrative compensation when they go to rural areas to buy homesteads, peasant houses, or "small property rights houses" built on collective land and are illegally demolished?
The Supreme People's Court made it clear in the Retrial of Liu Biao v. the Respondent Sanya City, Hainan Province People's ** Administrative Compensation Retrial that this situation does not comply with the law and is not entitled to compensation.
Reason for adjudication: The first paragraph of Article 62 of the Land Management Law of the People's Republic of China stipulates that a rural villager household can only own one homestead, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.
**Notice of the General Office on Strictly Implementing the Laws and Policies on Rural Collective Construction Land (Guo Ban Fa (2007) No. 71 stipulates that rural residential land can only be allocated to villagers in their own villages, and urban residents are not allowed to purchase homesteads, peasant houses or "small property rights houses" in rural areas.
The house involved in the case has been confirmed by the effective judgment of the people's court as an illegal construction, and the available evidence can prove that the plaintiff is not a member of the village collective economic organization where the house in question is located, so the plaintiff has not obtained the ownership of the house involved in the case by constructing the house in question, and does not belong to the situation where the state organ and the staff of the state organ exercise their powers to infringe their legitimate rights and interests as provided for in Article 2 of the State Compensation Law of the People's Republic of China, and is not entitled to compensation, so the plaintiff is not entitled to state compensation.
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Case Index
The Supreme People's Court of the People's
Administrative Indemnity Award
2020) Supreme Law Xing Bao Shen No. 872.
The applicant for the retrial (plaintiff of the first instance and appellant of the second instance) Liu Biao, female, born on August 28, 1968, is of Han nationality.
The respondent (the defendant of the first instance and the appellee of the second instance) is a person from Sanya City, Hainan Province**.
The legal representative is Bao Hongwen.
The retrial applicant, Liu Biao, was dissatisfied with the Hainan Provincial High People's Court's (2019) Qiong Xing Bao Zhong No. 108 Administrative Compensation Judgment in the case of administrative compensation against the respondent Sanya City, Hainan Province People** (hereinafter referred to as Sanya City**), and applied to this court for a retrial. This court formed a collegial panel in accordance with the law to conduct a review, and the review has now been concluded.
Liu Biao applied for a retrial and requested revocation on the grounds that the "Jiujiu Apartment" involved in the case built by Gao Chuanjiu, Zhao Zhenjie and Zhao Zhenfeng was a legal building, and that he obtained the property rights through the transfer agreement in accordance with the law, and that the expropriation decision of Sanya City was illegal and should be compensated to him.
The first- and second-instance judgments were brought to trial in this case.
After review, this court finds that the first paragraph of Article 2 of the "State Compensation Law of the People's Republic of China" stipulates that if a state organ or its functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their functions and powers as provided for in this Law, and cause damages, the victim shall have the right to obtain state compensation in accordance with this Law.
Paragraph 1 of Article 62 of the Land Management Law of the People's Republic of China stipulates that a rural villager household can only own one homestead land, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.
**Notice of the General Office on Strictly Implementing the Laws and Policies on Rural Collective Construction Land (Guo Ban Fa (2007) No. 71 stipulates that rural residential land can only be allocated to villagers in their own villages, and urban residents are not allowed to purchase homesteads, peasant houses or "small property rights houses" in rural areas.
In this case, the house involved in the case has been confirmed by the effective judgment of the people's court as an illegal construction, and the available evidence can prove that Liu Biao and Gao Chuanjiu are not members of the collective economic organization of Haipo Village where the house involved in the case is located, so Gao Chuanjiu, Zhao Zhenjie and Zhao Zhenfeng cooperated in the construction of the house involved in the case, did not obtain the ownership of the house involved in the case, and does not belong to the situation of state organs and state organ functionaries exercising their powers to infringe their legitimate rights and interests as provided for in Article 2 of the State Compensation Law of the People's Republic of China, and is not entitled to compensation. Therefore, Liu Biao is not entitled to state compensation. The first- and second-instance judgments rejected Liu Biao's claim for compensation and appeal, in accordance with the law. The grounds for retrial asserted by the retrial applicant cannot be sustained and should not be supported.
In summary, Liu Biao's application for retrial does not meet the circumstances provided for in Article 91 of the Administrative Litigation Law of the People's Republic of China. In accordance with the provisions of Article 116, Paragraph 2 of the "Supreme People's Court Interpretation on the Application of the Administrative Litigation Law of the People's Republic of China", the ruling is as follows:
The retrial application of retrial applicant Liu Biao was rejected.
Presiding Judge: Yang Zhihua.
Judge Song Chuxiao.
Judge Liu Aitao.
July 31, 222.
Judge's Assistant: Liu Weiwei.
Clerk: Tang Jinsong.
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