China launches housing demolition New Deal highlights people-oriented

"Demolition" was replaced by "move", the new rules prohibit the imposition of violence. Xinhua Beijing January 29: China launches housing demolition "New Deal" highlights "people-oriented" filtered ads filtered Advertising pictures | Video | Chart Forum | Blog | 　　WAP Current politics focus rolling news high-level dynamic personnel appointment and dismissal authorized to publish Xinhua view of political issues 24 hours Hot Topic Shi Review your location: Xinhua Home-Xinhua Politics China launched housing demolition "New Deal" highlights "people-oriented" January 29, 2010 18:35:26 Source: Xinhua "Big Size Small" "Message" "Print" "Close" "Email recommended:" "Demolition" was "moved" replaced by the new rules to prohibit the imposition of violence.　　Xinhua Beijing January 29: China launched housing demolition "New Deal" highlights the "people-oriented" National Energy Commission formally established by Wen Jiabao, director of the Beijing office to operate self-disclosure survival law: not above the decision of the Guangzhou railway station stranded passengers up to 70,000 no identity card official luxury cemetery was exposed carved dragon carved Phoenix as the emperor Local two-blow network new Wind "scarf (http://t.sina.com.cn)" to show the potential for political and administrative Law Office of the State Council announced on 29th the revised "state-owned land expropriation and compensation regulations (draft)", and began to solicit comments from the public.　　A number of legal experts in the interview that the new regulations more "people-oriented" to help protect the rights of the demolition. "The amendment of the regulations reflects the major changes in the overall thinking, more humane, more people-oriented, and help to change the government's strong relocation caused the situation of civil conflict."　　"said Wang Yukei, a professor at the National School of Administration. In recent years, with the rapid development of China's urbanization, the disputes and conflicts caused by the demolition gradually increased, and became the focus of social attention.　　Chongqing's "Most Cattle nail house" incident, Chengdu Tangfojen burning events and a series of vicious events prompted the community and the legislature, the executive authorities reflect on the existing demolition system defects. Last December to this January, the State Council's legal Office held two expert seminars, and heard legal experts on the existing "Urban Housing demolition Management regulations", including a petition to the NPC Standing Committee, proposed to amend the regulations of the five professors.　　Analysts believe the draft has absorbed experts and public opinion. In the past, the most controversial issue of compensation for demolition, the regulation stipulates that the amount of monetary compensation by the real estate price assessment agencies to determine, not less than the date of the commencement of housing collection decisions similar to the real estate market transaction prices.　　The real estate agencies that are responsible for the assessment are determined by the person to vote or draw lots. Wang Yukei that this provision of the new regulations will help to change the past by the local government or developers to determine the amount of compensation unreasonable situation. "Due to the accelerated urbanization process, the urban surrounding land value growth, was dismantledIf the residents are not properly compensated, they can easily escalate the conflict. "In addition to compensation, the new regulations provide for a range of procedures for demolition," he said. The Ordinance stipulates that a government may levy a house only if it meets the needs of the seven "public interests".　　It is of great significance to restrain the decision right of demolition of the local government in the existing regulations of urban housing demolition. Professor Dingjian, director of the Constitutional Research center of Cesl, argues that the original regulations do not distinguish between the need for public interest and the need for non-public interests, resulting in a large number of commercial demolition by "public interest" appearance. "The new regulations define what is the public interest, make the relocation process more democratic and open, the compensation method, the dispute processing provisions are more detailed, reflecting the government's rational and institutional improvement."　　"According to the draft of soliciting opinions," the need of Public interest "includes the needs of public utilities such as energy, transportation and Water Conservancy, the needs of the construction of low-rent housing, economical housing, and the transformation of dangerous and old houses, which are implemented by government organizations, and seven kinds of cases such as the construction of office building and the need of national defense construction.　　Wang Yukei pointed out that the revised spirit of the regulation is consistent with the spirit of the Constitution and the property law, which helps to straighten out the relationship between the upper and lower laws and to achieve a good docking of the upper and low position laws.　　Earlier, a number of legal scholars pointed out that under the current "Urban Housing Demolition Management Regulations", the local government "first demolition, after compensation" approach, and the "Property law" and the Constitution of the protection of personal legal property of citizens inconsistent. The 2007 issue of the "Property Law" 42nd stipulates: "The collection of units, individual housing and other immovable property shall be given to the demolition compensation, maintenance of the rights and interests of the expropriated person, the imposition of personal housing should also guarantee the person's living conditions." "In the light of this situation, the new regulations stipulate that the local people's governments at or above the county level shall announce the purpose, scope and implementation time of the house expropriation, and take demonstration, hearings and other means to solicit the opinions of the persons, the public and the experts." The Government shall publish the acceptance of the opinions of the persons, the public and the experts, and the reasons for their acceptance. Without major controversy, the government will be able to make a decision on house expropriation.　　If a house is to be levied for the reconstruction of a dangerous old house, it shall not be decided to collect the house without the consent of 90% of the expropriated persons.　　Cheng, associate professor of law School of Tsinghua University, said that the procedure provided by the new regulations is more open, in addition to hearing the views of the people being levied, and also to the public and expert opinion, and the timely publication of opinions adopted, "This is a very positive way to protect the personal rights of citizens." The new regulations and the process of housing expropriation of water, power, and expired, and other practices were expressly prohibited. It expressly stipulates that "no unit or individual shall be allowed to relocate by violence, coercion or other unlawful means".　　"Violations of the provisions shall be prosecuted for criminal liability." Experts say that while the new regulations have made considerable progress in protecting the legitimate rights of citizens, there are many areas that need to be perfected. "There is a need for principles to define the public interest." Relocation should have urban planning as a formerIt is not just a hearing, but more forms, including opinion polls, so that the interests of the stakeholders are protected. "Dingjian said.