There are two main ways of compensation and resettlement: one is market price compensation and resettlement, that is, according to the real estate market evaluation price of the demolished house, monetary compensation is given to the lessee of the demolished house or the property right house with the equivalent monetary compensation value; The second is the resettlement of houses with different property rights, that is, the eligible residents or lessees increase the price difference area of "demolition and return" lots on the basis of the original construction area, and the price difference is not settled within the resettlement area. Article 32 (Ways of Compensation and Resettlement for Demolition) Compensation and resettlement for demolition can be implemented by monetary compensation, or property houses equivalent to monetary compensation can be exchanged (hereinafter referred to as exchange of value standard houses). Demolition of residential houses, but also the implementation of housing construction area as the basis, in the resettlement area does not settle the price difference of different property rights housing exchange (hereinafter referred to as the area standard housing exchange). Demolition of attachments to non-public housing, no housing exchange, monetary compensation by the demolition. The compensation and resettlement methods for demolition shall be selected by the demolished person and the lessee in accordance with the provisions of this chapter. The implementation of housing exchange, the demolition should provide more than two places by the district and county real estate bureau audit resettlement housing, for the demolition, housing tenant choice. Article 33 (Amount of Monetary Compensation for Residential Houses) For the demolition of residential houses, the amount of monetary compensation shall be determined according to the appraised unit price of the real estate market and the construction area of the demolished houses. When implementing the provisions of paragraphs 1 and 3 of Articles 35, 36 and 37 of these Rules, the unit price and price subsidy in the real estate market of the house to be demolished shall apply. The real estate market unit price of the demolished house is the real estate market evaluation unit price. If the unit price of real estate market evaluation is lower than the unit price standard of demolition compensation, it shall be calculated according to the unit price standard of demolition compensation. The minimum compensation unit price standard is the average market unit price of the demolished house and the purchased public residential house in the same area. The unit price mentioned in this article refers to the price per square meter of construction area. The average market unit price of purchased public housing listed and traded shall be published regularly by the district and county governments in accordance with the designated regional scope. The price subsidy standard shall be formulated by the municipal price department in conjunction with the Municipal Construction Committee and the Municipal Real Estate Resources Bureau. Article 34 (Settlement of Price Difference for Exchange of Value Standard Rooms) Where exchange of value standard rooms is implemented, the price difference shall be settled according to the monetary compensation amount stipulated in this chapter and the real estate market price of the house to be placed.
Legal objectivity:
Demolition compensation and resettlement contract A demolition compensation and resettlement contract should generally have the following terms: 1, the name, address, mailing address and other basic information of the demolition party. 2, the demolition of houses, including the location, structure, floor, area, quality, number of rooms and ancillary facilities. 3. Method, amount and time of compensation. Compensation methods are divided into monetary compensation and house property right exchange. Where monetary compensation is implemented, the amount of compensation shall be determined according to the location, use and construction area of the house to be demolished, and according to the assessed price of the real estate market. Property rights exchange, according to the demolition of housing and housing exchange their own real estate market evaluation price calculation, settlement of property rights exchange price difference. It is worth noting that in most cases, the relocated people can choose the compensation method, but in the following two cases, they can not choose the compensation method: ① If the attachments of non-public welfare houses are removed and the property rights are not exchanged, the relocated people will give monetary compensation; (2) Demolition of leased houses, where the demolisher and the lessee cannot reach an agreement on the termination of the lease contract and the demolisher cannot resettle the lessee, the demolisher shall exchange the property rights of the demolished houses, and the houses with the property rights exchanged shall be used by the original lessee. As for the time of compensation, one-time compensation should generally be made before the demolition. 4. Housing evaluation. For monetary compensation, it is necessary to evaluate the market price of the demolished houses, and for property rights exchange, it is necessary to evaluate the market price of the demolished houses and the exchanged houses at the same time as the basis for clearing the price difference. As for the choice of housing assessment agencies, it should be jointly chosen by the demolition and the demolition. If the two sides cannot reach an agreement on the appraisal institutions, the two sides shall propose one or two appraisal institutions and draw lots to decide. The cost of assessment is generally borne by residents. Some local laws and regulations stipulate that the evaluation work shall be undertaken by the real estate evaluation agency under the local demolition management department, which obviously belongs to administrative monopoly. The demolished people are also skeptical about the credibility of their appraisal price, because most of the demolition management departments are local real estate management departments, which inevitably establish a certain relationship with the demolition unit in the process of real estate administration, while the demolished people have little contact with the real estate management department, so the demolished people have reason to suspect that the demolished people use their relationship with the real estate management department to interfere with and influence the housing appraisal. Therefore, the author believes that it is not appropriate to use local laws and regulations to stipulate that the housing price evaluation in civil litigation between market entities should be undertaken by the real estate evaluation agency under the demolition management department. Of course, there is no need to evaluate the price of the house to be demolished and the house to be replaced. If both parties can reach an agreement on the compensation amount and the settlement amount of the price difference, they may not evaluate it. On the one hand, they can sign the demolition agreement as soon as possible and put it into practice, saving time and improving efficiency, on the other hand, they can save an evaluation fee and reduce the cost of demolition. 5. Demolition and resettlement measures. The object of resettlement is the lessee of the demolished house. In the case that the demolished person cannot terminate the lease relationship with the lessee or resettle the lessee, the demolished person shall resettle the lessee, pay temporary resettlement subsidies or provide revolving houses. 6. Pay relocation subsidies, temporary resettlement subsidies and compensation for suspension of business. Demolition should be taken to the demolition or housing tenant to pay relocation subsidies, during the transition period, the demolition or housing tenant to arrange their own accommodation, the demolition should pay temporary resettlement subsidies, due to the demolition of non-residential housing caused by the suspension of production or business, the demolition should give appropriate compensation for business. Article 3 1 of the Regulations on the Management of Urban House Demolition stipulates that the standards of relocation subsidies and temporary resettlement subsidies shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. 7. Relocation period and transition period. The relocation period is the time limit for the demolished and the lessee to move by themselves, which is used to restrain the demolished and the lessee. The transition period refers to the time limit for providing suitable alternative houses to the demolished people in the form of compensation for property rights exchange, which is used to restrain the demolished people. 8. Liability for breach of contract. For the demolition, the liability for breach of contract is mainly the responsibility of not paying compensation on time and providing property rights exchange houses beyond the transition period, and the way to bear the responsibility is generally to pay liquidated damages. For the demolished and the lessee, the liability for breach of contract is mainly the responsibility of not moving and vacating the revolving house on time, and the way to bear the responsibility is forced relocation.