At 9: 00 a.m. on March 12, the Fifth Session of the 12th National People's Congress held its third plenary session in the Great Hall of the People to hear Zhou Qiang, President of the Supreme People's Court's report on the Supreme People's Court's work and the Supreme People's Procuratorate's Attorney General Cao Jianming's report on the Supreme People's Court's work. During the meeting, Zhou Qiang proposed 20 17 to support the transformation of shanty towns and safeguard the legitimate rights and interests of the demolished.
The Supreme Law proposes to support the transformation of shanty towns.
During the meeting, Zhou Qiang introduced that in 20 16, the National People's Congress Standing Committee (NPCSC)'s deliberation opinions on administrative trial work report were implemented to protect the legitimate rights and interests of administrative counterparts, and courts at all levels concluded 225,000 administrative cases of first instance, up 13.2% year-on-year. Strengthen the construction of cross-administrative courts between Beijing and Shanghai, and promote the jurisdiction of administrative cases in different places and centralized jurisdiction. Promote the legalization of expropriation and demolition work, support local governments to carry out the transformation of villages in cities and shanty towns, and safeguard the legitimate rights and interests of the demolished. Cooperate with and promote the person in charge of the administrative organ to appear in court, support the reform of "simplifying administration and decentralizing power, strengthening supervision and improving services" through judicial review, and promote the construction of a government ruled by law.
The transformation of shanty towns is an important means for the government to transform dangerous houses in cities and improve people's living conditions. With the rapid development of economy and urbanization, the number and speed of shantytown renovation are also increasing year by year. The transformation of shanty towns itself is a good thing for the benefit of the people and is conducive to the improvement of the quality of life of residents. However, in the process of shantytown renovation, once illegal matters are mixed, the advantages and disadvantages of shantytown renovation become difficult to judge.
How to compensate the shanty towns?
According to the above analysis, the land nature of shanty towns can be divided into state-owned construction land and collective land. For the expropriation of state-owned construction land, China promulgated the Regulations on Expropriation and Compensation of Houses on State-owned Land, which stipulated in detail the expropriation authority, procedures, compensation standards and legal responsibilities. China's land management law has also made relevant provisions for the expropriation of collective land houses. However, due to various reasons, this law cannot effectively protect the legitimate rights and interests of farmers. Therefore, in practice, the expropriation and demolition of collective land houses will generally be handled in accordance with the Regulations on Expropriation and Compensation of Houses on State-owned Land. In addition to these special laws and regulations, China has also promulgated the Administrative Procedure Law of the People's Republic of China, the Administrative Reconsideration Law of People's Republic of China (PRC), and the Regulations on the Openness of Government Information. Generally speaking, China has formed a relatively perfect system of laws and regulations in land acquisition and demolition.
summary
Relocated households are often in a passive position in the game of demolition compensation, and they are often led by the government, which involves a wide range of demolition and is highly professional. Therefore, if the demolished people want to turn passivity into initiative and strive for more compensation for demolition, they should hire professional lawyers to help them defend their rights in time. Make use of lawyers' professional knowledge and rich experience to fill our weakness in front of the government, so as to better express our demands and get more compensation for demolition.