I would like to ask the leadership of the real estate bureau: Blue Home has been selling houses illegally, why don't you care!

Relying on the policy, I am afraid there will be no effect of low compensation. I'm afraid there was no precedent for success in the past. Is it true that the current government is that ordinary people rely on suing the court, and they only have indisputable interests ... Let's talk about the indisputable compensation, and only demolish the illegal ones.

Of course, if it is a township, it may be a small shortcoming, because the officials in the town have a bad temper, are they familiar with relevant laws, and there are few locksmiths. In the town, you must go to the court, because the civil servants in the town are only judges and understand legal arguments. Moreover, if the judges in the city don't know the law, they can report it to the higher authorities. At the level of the Supreme Court, judges don't want legal literacy.

What should I do if others don't look at the price and find it useless and can't promise you?

Not only did you not let them demolish it, but if what you said is true, (the surrounding buildings are nearly 20,000 /m2), the requirement that you need 1 0,000/m2 is definitely not high, but it is not high either. If the negotiation is not high, you can find the demolition office. I think I may not have heard of it. The goal of letting them tear it down will force them to agree to your reasonable request.

First of all, commercial demolition has no right to further negotiation, especially in the case that most households disagree, forced demolition is not allowed, but the demolition party should be prepared for mischief. We must insist that according to the provisions of the property law, how to understand that demolition must ensure the living conditions of the demolished people? To put it simply, it is demolition. Whether the demolition person has the leaves of property rights replacement or monetary compensation shall not be worse or better than before the demolition, which infringes on the legitimate rights of the relocated households and decides not to sign the agreement.

Then, we should pay special attention to the demolition party, usually a unit in a different place. If the demolition party hires the price and the demolition party is responsible for the demolition affairs, the demolition party will offer more low prices and earn the difference. If you plan, the general elements of the party hooligans will face them, and then everyone must be unified and do evidence collection work at the same time. You don't have to start work first, but if they dare to threaten with incendiary bombs and pose as dead people, your life will be gone.

Write posters. Online prosecution was successful. Complaints from the news media. Shameless is useless! This kind of mood is normal, but it is very interesting! Problems that can't be solved, the current news media are trivial, and even report major issues. You are useless, because the demolition is subject to the planning and arrangement of the government. Obey the overall situation! How does it affect your overall situation? You should be very busy, how to build the country! You have to support it! No matter how hard you try. You don't move until you reach the foundation of people. It's no use. You have a life. Take the money Have you ever experienced it? How many times have you experienced beating, smashing and looting? How many times do you want to blow it up, police+defense+hooligans+migrant workers? You can stick to it. The people in this room are martyrs, in Iraq, Afghanistan and Yugoslavia. A little exaggerated! Definitely a million talents!

Safety, of course, is a soft tactic, not moving, not horizontal! It's more tragic to pretend to be poor! Old people at home, look at the house again, it's too old and energetic, just waiting to spend money! ! No matter how threatening or conniving, as long as no agreement is signed, it can be redeemed. Of course, just because you went to the house to dismantle the money doesn't mean that more people can only get a consolation prize. No matter what the result is, it is 10000 yuan!

The above is a simple method, and it is a complicated method to get them involved through legal channels.

Hearing, hearing is very important. From the demolition plan, the demolition party found legal loopholes, planning conditions, whether the property right certificate of the property right exchange house is sound, and the State-owned Land Transfer Contract is not an approval document, but an illegal analysis of the demolition behavior of the state-owned land use right. One * * has five documents and a demolition permit, and the other party must be controlled. Is there a contradiction? Remember this is your right! It also prevents illegal demolition through legal means.

Five documents: (1) construction project approval document; Generally speaking, the local planning committee approved the project. (two) the construction land planning permit (red line map) is generally issued by the local urban planning administrative department. (three) the approval document of the right to use state-owned land is generally issued by the local land administrative department before public demolition. (four) the demolition plan and demolition plan; Development plan and scheme, as well as the preparatory work for the demolition activities. Financial institutions and deposit certificates that issue compensation and resettlement funds for demolition;

The local government shall not violate the legal procedures and legal provisions, and submit the minutes of the meeting to the special account of government housing demolition compensation and resettlement funds, which is usually supervised by the demolition, financial institutions and housing demolition management departments. Or the demolition permit document replaces the elements and planning changes determined by laws and regulations, and expands the scale of demolition without authorization (Guo Ban Fa [2004] No.46, the State Council General Office "Strictly Controlling Urban House Demolition").

Do not think that the demolition permit issued by the demolition management department has certain completeness of five certificates. At present, many project documents have not issued all the housing demolition permits received. Still big! ....../a & gt；

Steps to become a qualified nail house:

Negotiation skills of internal personnel of demolition team

The ancients said, "Know yourself and know yourself, and you will be invincible." Relocation is undoubtedly a "war" in peacetime. The two sides of the battle are not equal. One side is a straggler, and the other is a mechanized unit. I know the laws and regulations of relocation and am familiar with every situation. Every sentence was carefully arranged and deployed before the war. Conventional practice, the first choice is breakthrough, the principle of breakthrough is the key to the role of family status in dividing houses, and it is best to play it out. Secondly, the influence of the family in the local area should not be too great, and it is convenient to operate and can play a role. If we want to be invincible in this "war", we must know what demolition is. Demolition personnel have a basic understanding of the means and tactical procedures of demolition. Seize every link and find loopholes.

First of all, we analyzed the psychological state of the demolished people in the process of demolition. To tell the truth, when the demolition announcement comes out, I believe everyone is very scared and doesn't know what to do. There are four typical psychological states as follows:

Wishful psychological relocated households are told that the behavioral characteristics of owning or using the demolished houses are a pleasant and exciting psychological reason, and they have a tired yearning for their old home and new home. When the demolition implementation unit enters the site, the relocated households are generally kind, enthusiastic and active, and actively cooperate with the demolition staff to live in harmony.

Fear, the house demolition work has entered a substantive stage, and there is a sense of fear. They care about their own interests to achieve different degrees of pregnancy, which is mainly characterized by anxiety and panic. In this case, the relocated households generally lack trust in the demolition staff, for fear that the staff will deduct the area and devalue the price and depreciation rate. Always haggle over every ounce, indecisive.

Thirdly, when some negative psychology is expelled, the conditions required by the laws, standards and principles of house demolition are inconsistent, and their behavioral characteristics are negative psychological state, which is usually manifested in a reasonable way and slow action.

The horizontal psychological demolition work has entered the implementation stage. Relocated households think that the key moment is personal interests, seek the greatest economic interests or other interests, and refuse to take demolition as a bargaining chip. The negative psychology of horizontal pulling and extortion and the horizontal psychological entanglement are usually called "nail households". The former is a soft drag, and the latter is irresistible. The demolition work in the capital is basically like this, which is also the focus of this paper. The following seven aspects explain how to be a "qualified household"

Family classification:

1, wild speculations: one vote is full of fishing opportunities with unreasonable dynamic repositioning, Caesar scoundrel. I thought he was the best person in the world. Generally speaking, it doesn't matter if such people have no background, but there are three or four Hu Qun Dog Parties, with little culture and I don't know how many policies and regulations there are. Such people are gangsters, hooligans and unemployed people. End his sentence. General Wu!

2. Backstage backup social relations, self-sustaining, fearless, educated, aware of policies, like to exploit loopholes in policies, and often cleverly point to the back. When their goals fail to achieve their profit goals, advanced mobile phones and cops come. They just want to leave, just to achieve their goals. Ordinary words

3. Self-protection: They are laid-off workers, young people and socially disadvantaged groups with relatively low incomes, mainly to help the disadvantaged groups. They hone their lives too much and don't even trust anyone. They persisted in the belief that they would win. Their future life involves many lives, and they don't have much confidence. They can't buy an apartment by calculating compensation, and they also save a little living expenses. They will play hooligans skillfully. They are afraid of authority. The government doesn't believe the clues they like to hear. They claim that only you can protect yourself. Most people who move will ignore their interests, because those who move, such as tofu, choose tender persimmons over soft ones.

Reasons for the emergence of householders

Apart from subjective reasons, objectively, the two sides did not fully embody the principle of equality and voluntary transaction equivalence. Secondly, the work is simple and rude, and everyone is equal before the policy. Not everyone blames the nail house.

The purpose of the nail house:

On top of the absolutely correct demolition, there is also an absolutely correct humanitarian need to know how to put pressure on them to obtain the greatest economic or other benefits, but stop at a good time and not fight first.

Head of household conditions:

First, a deep understanding of various laws and regulations. Second, thick-skinned and shameless. Third, it must be a "good" psychological quality. Before the wind blows, the sky falls and makes it panic. The success of residents is to go home to have it both ways at the last minute, making the old man an ace, and no one dares to move, so not everyone can.

Family refers to:

Without resorting to violence, it is difficult to fight, and it is difficult to make people want to speculate and not fight!

The struggling nail households and interest groups that were demolished were massacred, jumping off buildings, setting themselves on fire, taking poison, fighting, petitioning, stopping cars, demonstrating, sitting in, hunger strike, blocking roads and bridges, and attacking state organs ... There are several names of suicide heroes, but the cost is too high and the impact is not great. Violence, the demolition team also has a lot of obvious black and white (the so-called "white road" is even more hateful) to help is to suffer. Blocking roads and bridges, especially the influence of state organs, may not be possible by other means. If so, they can be the destruction of simple economic events, only security events and even political events. It is easy for state organs to talk about logic, because this is what despicable interest groups most want to happen. Solve the problem with the word "law" in the sense of "relocated households"

A large number of cases prove: 1. It is very simple to collect enough evidence and grasp the handle of violation of law and discipline, and it is very simple to break up the group. Understand all kinds of laws and regulations (this is the most important), and you can defeat interest groups! The investigation found that intellectuals were hardly influenced by the hard-working masses with high cost and high culture in the demolition proceedings. As long as he is expelled, he has mastered the speeches of more than two closely related party and state leaders and debunked the constitutional victory. ......

Remember: sometimes you can't achieve your goal by direct means. More effectively, indirectly, it is around $36.

Six measures: head of household:

1 Tuo: Sick in hospital, running away from home, can't find anyone. For a long time, I tried to give him many times in all aspects of demolition. Time is victory.

2 evacuation: local officials and violent institutions, hospitals, 120- funeral homes, and single relocated households are weak. Besides, they must be put together. Take all the real estate documents and refuse to sign any documents (of course, write down their opposition to the constitution, their criticism and condemnation of fascism, such as words, or you can). Reject any so-called "arrangement". Collect all the evidence.

Rob: Your demolition opponent must have many weaknesses. Catch them, catch them. In particular, the principle of "openness, fairness and justice" involves a large number of irregularities in demolition: for example, providing huge compensation to some relocated households with backgrounds, you can ask for equal treatment!

4 Visit: First, go to the higher authorities or go directly to Beijing to petition. Looking for deputies to the National People's Congress, deputies to the National People's Congress did not underestimate their power. In order to achieve satisfactory results, they supported their neighbors. Everyone has assigned a task, that is, to find a deputy to the National People's Congress and ask you to write a petition marked with materials. This means that the government's reply to the relevant institutions must be in a certain attitude, and this reply can sometimes be used as favorable evidence. I hope you can figure out how to convince them. Third, it is necessary to show their existence to represent the case. If he would tell all the solutions, you might not invite him. If you do this, lawyers sometimes fall into contradictions in the process of contact. It's not that I say you may not trust him, so you'd better come up with a solution, and specific methods are also being explored to solve these contradictions.

Heart-to-heart talk: Tell them that you support the demolition, but oppose the illegal demolition, and the illegal behavior must be straightened out before it can be carried out. Remember, always talk about compensation, never. Just talk about their violations of law and discipline and tell them that their names are incorrect and their words are not fluent. To solve their lawlessness (not breaking the law, how to get the phone dismantled, after dismantling). You must force them to take the initiative to talk to you about the situation, instead of always being satisfied with and cracking down on illegal demolition. You must never talk about terms. During the whole demolition process, more than five words should be used in a timely and reasonable manner.

7 family steps: (Oh, key)

The householder is a "qualified" demolition person, and his reaction is different every time.

When a person can give you a mobile one, so you have to walk on the road of life, his hand is in his hand, so hold it firmly!

Stage 1 announcement stage

When the demolition announcement is issued, it is best for the demolition person to keep the contents and photo evidence of this announcement. Its legal basis is the demolition notice and announcement, in which there are relevant demolition conditions, which led to the demolition permit. The contents of the demolition notice are generally written construction projects, the name of the demolition implementation unit, the resettlement compensation standard, the demolition period, the scope and quantity of the demolition project, the number of the floor plan and planning documents, and the land and land approval number. You can control whether the announcement lacks these elements, especially the three elements of the five-element demolition permit: project, planning and land approval. You must be careful if you lose. On the day of the demolition notice, you must look at the validity period. If the validity period is not demolished, he must resubmit it. The countermeasure at this stage is to encourage behind stupidity.

The second stage of negotiation, the agreement stage

Housing demolition and land demolition, it is necessary to understand the nature of commercial or commercial development, land allocation or land transfer after the demolition of construction projects. The allocation of land use rights must comply with the law. 9. The catalogue of allocated land promulgated by the Ministry of Land and Resources does not conform to this catalogue to obtain allocated land, and the responsibility of the leaders of the Bureau of Land and Resources will be investigated. The Ministry of Land and Resources (released in July, 2002 11"Provisions on the Transfer of State-owned Land Use Rights" stipulates that commercial land such as business, tourism, entertainment and commercial housing must be transferred by means of bidding, auction and listing. Land sold without bidding, auction or listing is illegal, and the accountability system of leadership responsibility of the Bureau of Land and Resources and the demolition behavior do not constitute a crime.

Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrusted demolition. You should also know the qualification of the demolition implementation unit, whether the demolition (30,000 square meters with three-level qualification) exceeds the qualification certificate, and whether the demolition funds are in place. BR/>； Tear each other apart and test them thoroughly. The flexibility of compensation for demolition should patiently expel the weak performance and use the word "drag" to force the other party to take the initiative to improve the compensation level. Don't worry? You are happy to worry, let them worry for themselves! ! You can't sign it casually, because once you sign it, you must fix it at your own psychological price, and you won't reduce the price unless you have to; You can't steal, not only for your own reasonable requirements, but also for your own heart level. You must have a good psychological quality. Don't be afraid of their threats. You know, demolition is a psychological war, depending on how patient you are. The demolition staff said that there is nothing more worrying than lies. People who used documents to coax small profits did terrible things, so they turned to bombs and even took time out for hooligans and triads. Many relocated households can't bear such psychological torture. Surrender, this is the basic "qualified" nail house. I believe, shout, the tour guide didn't bring any trouble in a small downtown area. Unity is strength! Everything that should be paid attention to in the city has no head, because the most prominent other bribes can't be United if they are bought by loose sand like us. It's very important to talk privately and then leave the topic of collective discussion and unite and exchange information. The idea is that if you can tell others, the best form is to send a registered letter. I sent a letter to the other party and ignored you. You can tell him that it's not that you don't discuss with them, but that you don't talk with me. Where can I send it by registered mail? The demolition office, the construction bureau and the party left the letter until the end, and sent a letter to knock on Ji Feng, the envelope and the letter Ji Feng. At present, the countermeasures are exorbitant prices; Meet the signature.

The third stage of mediation hearing, the administrative adjudication stage.

Understand whether the demolition management is separated. At present, many demolition management departments and demolition implementation units, two brands, a team, "athletes" and "referees" have not been done separately. This is illegal!

2, first served the bureau notice, decided to send a registered letter to the demolition office and the construction bureau. After the other party copied the reward notice, even the ruling authority sent a registered letter, asking to see the five certificates and the demolition permit, and comparing them with each other, there was no contradiction. Remember! This is your right! No problems, no disassembly! Five documents: (1) The approval document of the construction project is generally approved by the local planning commission. (two) the construction land planning permit (red line map) is generally issued by the local urban planning administrative department. (three) the approval document of the right to use state-owned land is generally issued by the local land management department. (four) the demolition plan and demolition plan; Development plan and scheme, as well as the preparatory work for the demolition activities. (five) the special account for housing demolition compensation and resettlement funds is usually supervised by the demolition, financial institutions and housing demolition management departments.

Proof that the funds for compensation and resettlement for demolition developed by the local government have absorbed deposits through financial institutions; Not in violation of legal procedures and legal provisions, meeting minutes, government or demolition permit documents shall be used to replace the elements and planning changes determined by laws and regulations, and the scale of demolition shall be expanded without authorization (Guo Ban Fa [2004] No.46, Opinions of the State Council General Office on Strict Demolition Management and Controlling the Scale of Urban Housing Demolition).

Do not think that the demolition permit issued by the demolition management department has certain completeness of five certificates. At present, many project documents have not issued all the housing demolition permits received. How dare you!

After a good hearing, the demolition agreement will not be passed if the court doesn't eat black, but before that, the local government with uncertain wind direction may be partial to the demolition party, which may be the root of the problem, but the demolition agreement must be issued in the court. The specific method is as follows:

Defend one's own interests by legal means

If a lawsuit is filed against the demolition ruling, the execution ruling that the demolition is not stopped during the lawsuit is a lawsuit that the demolition unit proposes the demolition permit, and the demolition ruling must be suspended. In this way, according to the relevant provisions of the Regulations on the Management of Urban House Demolition, the judgment is not, and the demolition is not authorized.

First of all, the general demolition unit will say that the failure to reach a demolition agreement is actually just a deceptive trick. Honest people signed an unequal compensation agreement in those years, and the goal they wanted to achieve was to defeat the enemy without fighting, which was a ruling before legal demolition. Housing demolition management departments should try whether the losses are illegal, such as the approved demolition plan, planning conditions, relevant documents of property rights exchange houses (faster houses), demolition compensation, proof of funds, etc. And documents on the right to use state-owned land. , to determine whether the demolition behavior is legal. After all, the law protects the people. Although there are places that cannot be protected, it must not be misleading for the demolition party to take the initiative to give the law. Legal protection does not want to harm the interests of the people. ......

The second step is to file a lawsuit against the suspension of the demolition permit.

(One month after the decision to make a ruling or notify the relocated households to participate in the ruling is made, the decision not to apply for a proposed ruling is issued). If one or more relocated households file an administrative lawsuit with the grass-roots court (it is generally too early to file a lawsuit) and request the permission of the court for house demolition, the competent authority will issue the demolition.

The third step is to have no right to decide in the course of litigation.

According to the second work instruction of Article 12 of the Administrative Ruling on Urban House Demolition, which is organized by the Ministry of Industry and Information Technology, if a lawsuit is filed, the demolition permit accusing the administrative ruling on demolition shall be suspended, and there will be no subsequent legal and administrative demolitions or the protection of judicial demolitions. Where these laws are expelled, you should believe that without the vigorous publicity and activities of the law and the government, everyone knows what the law is, and no one wants to go deep into the loopholes where people don't understand the law. BR/>；

A ruling on the consequences arising in the course of litigation

If the unresolved case in the second instance appeals to the demolition permit, the demolition authorities are still illegally ruling on the demolition complaint, which is the highest law in Beijing, and the ruling will definitely be ruled illegal and invalid! The complaint that the victim has the right to claim compensation from the state is formed according to the illegality and invalidity, and the subsequent judicial or administrative compulsory demolition judgment or decision.

5. After the demolition permit of the department, I saw that the application materials submitted for accepting a comprehensive illegal demolition case with only one complaint have been visible (evidence, extensive publicity materials collection, demolition and distribution), and different legal facts (including entity or violation of procedures) have occurred. After accepting the case, I saw that the evidence submitted by the defendant had been added to the demolition permit no later than (the purpose of this lawsuit is to submit an application for demolition permit).

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6 accepted by the court

Even if the plaintiff points out that all the materials submitted by the third party have five demolition projects and illegal application schemes, most courts will make a ruling that the plaintiff loses the case in the shortest time.

Attachment: throwing out of the court, accepting or not accepting by the court, serious violation of judicial discipline, legal reflection and complaints from the discipline inspection and supervision department of the court.

Seven,

(1) In the case of extending the time report, the administrative lawsuit brought by the demolition permit was deleted according to law. During the second period and before or after the first-instance judgment of the relocation case is made, the time (not exceeding the time of the second-instance judgment), after learning that the evidence submitted by the defendant is defective, the court shall file a second administrative lawsuit and request the court to submit one of the following documents to a third party:

1 construction project approval document (changed to construction project approval or filing document after 2004);

2. Construction land planning permit;

Document approving the right to use state-owned land

() After the court accepts the case, in the second case, the plaintiff shall submit a written application with the notice of accepting the case for the second time. According to the initiative, the court suspended the lawsuit and asked the court to "execute the problems explained by the procedural law" to the Supreme Court. The court will not suspend the appeal against the ruling, and it is more advantageous that the Supreme Law will not be expelled when it is suspended in Beijing.

Legal consequences of "violent demolition and forced transaction"

I have represented a large number of relocated households in the third lawsuit (three lawsuits for about years), illegally suing the developer's real estate development certificate (this certificate is a necessary condition for obtaining the approval documents of the construction project), and the second instance report of the demolition when the developer can no longer delay.