Reading guide:In China, shantytown renovation is a major livelihood project and development project, so the following conditions must be met: 1. Shantytown reconstruction should follow the principle of "people-oriented". 2. Strictly implement the provisions of relevant laws and regulations such as urban housing demolition and relocation, and safeguard the legitimate rights and interests of the masses. 3. It is necessary to reasonably determine the objectives and tasks of shantytown renovation and distinguish between the important and the urgent.
The most curious point for the majority of expropriated people isObviously, his house is still very new and the living conditions are acceptable, why is it included in the scope of shantytown reconstruction?If the shed is transformed into such a basket, can you really put anything into it?
The biggest problem with shantytown renovation is that it is not well defined. Since the initial issuance of the Ministry of Housing and Urban-Rural Development in 2009 and other five ministries and commissions, it is still only an outline and scope. Such objective facts inevitably lead to the fact that local governments have great power to interpret policies and can determine the category of "shantytowns" on their own.
Generally speaking, the standard for the age of construction of a house is set before 20 years. In other words, as long as your house was built before 1998 and meets one of several specious criteria, it may be considered a shanty town in need of renovation.
For example, the relevant regulations of Zhuzhou City, Hunan Province, describe the scope of shantytowns as follows:
Definition standards for urban shantytowns implemented by demolition and new construction.
1. Regional scope: located within the urban planning area.
2. Building structure: brick and concrete or brick and wood and below houses.
3. Building density: The building density is large. The plot ratio of multi-storey residential buildings is 25 or less.
4. Service life: The house has been built for more than 20 years, of which more than 25% are more than 30 years old.
5. Housing quality: The quality of the housing is poor.
6. Potential safety hazards: there are problems such as aging of public appliances and circuits, non-standard pipeline installation, and many fire hazards.
7. Use function: part or all of the house use function is incomplete.
8. Basic supporting facilities: roads, communications, water, electricity, gas and other infrastructure are not complete.
9. Public service facilities: imperfect or missing property management and community services.
It can be seen that the "shed reform" that the people say is by no means an individual case or accident, but a relatively common phenomenon that is normal in this round of shed reform.
According to such a loose and discretionary standard, the coverage of shantytowns is much larger than the general public understands and imagines.
So, is this really in line with the starting point of this policy?
**Opinions on Accelerating the Renovation of Shantytowns" points out in the first sentence that shantytown renovation is a major livelihood project and development project. Since it is a people's livelihood project, respecting the wishes of the people is naturally indispensable.
Tracing back to the source, the 2009 "Guiding Opinions on Promoting the Transformation of Urban and State-owned Industrial and Mining Shantytowns" of five ministries and commissions has the following provisions:
The shantytown renovation should be followedPeople-orientedprinciples.
The determination of the project and the formulation of the resettlement compensation plan should fully respect the wishes of the masses, solicit the opinions of the masses in a variety of ways, organize and implement them on the basis of the support of the overwhelming majority of the masses, and achieve openness, fairness, and impartiality ......Let the masses get benefits.
However, in practice, shantytown renovation projects in some places were unable to gain the support of more than half of the masses in the early stage of their initiation due to the inherent stubbornness of "shantytown reform for the sake of shantytown reform", and instead adopted various "routines" to forcefully increase the consent rate, and even did not hesitate to pay incentives of varying amounts to encourage residents to sign and agree to the transformation, which is undoubtedly contrary to the original intention of the policy.
It should be noted that, according to the provisions of Order No. 590, the incentive money is used to reward the people who relocate and sign contracts early after the official launch of the project, rather than to influence the people's initial willingness to transform.
Strictly enforce the provisions of relevant laws and regulations such as urban housing demolition and relocation, and safeguard the legitimate rights and interests of the massesThe renovation shall be carried out in a combination of in-kind resettlement and monetary compensation, which shall be voluntarily chosen by the person being demolished.
Translated from this expression, although shantytown renovation has policy particularities, its implementation must comply with the provisions of the Regulations on the Expropriation and Compensation of Houses on State-owned Land (the project launched before 2011 is the Regulations on the Administration of Urban Housing Demolition), and the procedural step of housing expropriation decision, real estate ** appraisal, negotiation and signing of compensation agreement, expropriation and compensation decision, and application to the court for compulsory enforcement cannot be omitted.
In more cases, although there is a decision to expropriate, it is still difficult to escape the impulse to demolish the house directly before applying to the court for forced demolition. Obviously, the huge economic benefits brought by the shantytown reconstruction project have weakened the authority of laws and regulations on administrative acts to a certain extent, and the law has the meaning of "standing aside" in the face of interests.
What's even more worrying is that in order to promote the progress of shantytown renovation projects, local governments have successively invented and created a series of specially designed shantytown renovation projectsSpecial Policy Provisions
Including but not limited to the "advance relocation and demolition agreement", "*-type incentives", "pre-assessment and pre-contracting", "heavy monetization and resettlement and light property rights exchange compensation", etc., and in some extreme cases, there are even situations where only the purchase voucher is given, and the pure use of money needs to be repeatedly "negotiated" and "accept the "plan" to reduce the compensation ratio for no reason.
All these are wanton adjustments and changes to the provisions of Order No. 590, and often set up many conditions and obstacles to the realization of the legal rights of the expropriated person, and are suspected of replacing the law with policies.
However, an unquestionable principle is:The law does not allow it to be used as a bargaining chip for negotiation and game, otherwise the protection of the rights and interests of the expropriated person in a passive position will be reduced to a bunch of empty words.
It is necessary to rationally determine the objectives and tasks for the renovation of shantytowns, distinguish between the important and the urgent, give priority to projects that are relatively large in scale, have difficult housing conditions, have serious hidden safety hazards, and are urgently demanded by the masses, and organize their implementation in a planned and step-by-step manner
The last thing the demolition lawyer wants to remind everyone isIn the case of buildings that are obviously not "shantytowns" and other buildings that have been "reconstructed by shantytowns", the majority of expropriated persons have every right to truly and boldly express their wishes at the stage of soliciting willingness, especially in the case where the proposed expropriation compensation plan may cause damage to the rights and interests of the expropriated persons, and resolutely exercise the right to put forward opinions and request a hearing, and urge the expropriating party to strictly demonstrate and revise them.
For projects where the methods and standards of compensation and resettlement are clearly illegal, a comprehensive review of the compensation plan may be conducted through reconsideration, litigation expropriation decisions, and other means, and efforts may be made to strive for fair and reasonable expropriation compensation. The intervention of professional expropriation rights protection lawyers will also be the strongest backing for the expropriated persons.