(1) Administrative Ruling If the demolisher and the demolished person or the demolished person, the demolished person and the tenant of the house fail to reach an agreement on demolition and resettlement, and bring a civil lawsuit to the people's court on the dispute over compensation and resettlement, the people's court will not accept it, and inform the parties that they can apply to the relevant departments for a ruling in accordance with the demolition regulations. According to the Regulations on Demolition, if the demolisher and the demolished person or the demolished person and the lessee cannot reach an agreement on compensation and resettlement for demolition, the house demolition management department will make a ruling upon the application of the parties. The house demolition management department that executes the ruling is the house demolition management department of the local people's government at or above the county level. Housing demolition management department is the demolition, managed by the people's government at the same level. The contents of the ruling include the compensation method and amount, the area and location of the resettlement house, the relocation period, the relocation transition mode and the transition period. The ruling shall be made within 30 days from the date of accepting the application. (II) If a party who brings a lawsuit against the demolition according to law refuses to accept the ruling, he may apply for administrative reconsideration to the people's government at the same level of the house demolition management department that made the ruling within 60 days from the date of receiving the ruling, or apply for administrative reconsideration to the competent department at the next higher level of the house demolition management department that made the ruling. The parties may also bring a suit in a people's court within three months from the date of receiving the award. In order not to affect the smooth progress of the demolition work, during the litigation, if the demolition person has given monetary compensation to the demolition person or provided demolition resettlement houses and revolving houses, the demolition person shall not stop the execution of the demolition. (III) Compulsory Demolition In the process of urban house demolition, if the demolished person or lessee refuses to implement the ruling made by the house demolition management department, the demolition regulations stipulate that if the demolished person or lessee fails to move within the relocation period stipulated in the ruling, compulsory demolition can be carried out according to law. The implementation of forced demolition must be based on the ruling. Those who fail to move within the relocation period stipulated in the ruling may be forced to move according to law. The implementation of administrative compulsory demolition shall be guided by the people's government of the city or county where the house is located, or the house demolition management department shall apply to the people's court for execution according to law. The second is the way to deal with the disputes of house demolition after the agreement on compensation and resettlement for house demolition is reached. The compensation and resettlement agreement for house demolition is a contract that stipulates the civil rights and obligations between the parties to house demolition. After the signing of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, it shall be resolved through judicial and arbitration channels. If the parties to the demolition fail to reach an arbitration agreement, the demolition may bring a civil lawsuit to the people's court. During the litigation, the demolisher may apply to the people's court for execution according to law. If arbitration is adopted, the parties to the demolition must voluntarily reach an arbitration agreement. The arbitration agreement includes the arbitration clause in the house demolition compensation and resettlement agreement and the arbitration agreement reached by other means before or after the dispute occurs. The selection of the arbitration commission shall be determined by mutual agreement. Arbitration is subject to the "one-decision final system". After the award is made, if the parties apply for arbitration or bring a lawsuit to the people's court on the same dispute, the arbitration commission or the people's court will not accept it. If there is no arbitration agreement, if one party applies for arbitration, the Arbitration Commission will not accept it; If the parties reach an arbitration agreement and one party brings a suit in a people's court, the people's court will not accept it.
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.