Thoughts on Harmonious Demolition of Rural Residential Areas in "Fertile Land Construction Project" —— A Case Study of Rugao Port Area in Rugao City

1 current situation of demolition work

Urban construction and development can not be separated from demolition. Old houses need to be demolished in old city reconstruction, and urban expansion and new city construction need to be demolished. It can be said with certainty that demolition is the most critical link and necessary prerequisite in urban construction, which directly determines the quality and speed of urban construction and development to a great extent. In recent years, the events caused by demolition in our country have affected the economic development and social stability, which requires us to study carefully, take precautions and demolish harmoniously, so that farmers can live and work in peace and contentment and the economy can develop steadily.

2 Introduction of the project area

"Fertile land construction project" refers to the comprehensive improvement of farmland, water, roads, forests and villages in accordance with the overall land use planning and urban planning, with land development and consolidation projects as the carrier and the increase and decrease of urban and rural construction land as the starting point, in order to increase the effective area of cultivated land and improve the quality of cultivated land; By moving rural residential areas to cities and towns, we can economize and intensively use construction land, build a large area of contiguous high-standard farmland, and optimize the layout of regional land, so as to achieve the goals of centralized farmland, concentrated residential areas, intensive land use and obvious benefits.

In September 2008, Jiangsu Provincial Department of Land and Resources issued a notice to the governments of cities and counties (cities, districts) on "Jiangsu Province's" fertile land construction "pilot program. After the pilot scheme of "fertile land construction project" of Jiangsu Provincial Department of Land and Resources was officially introduced, Rugao Municipal Party Committee and Municipal Government carefully organized the planning scheme design and actively declared "fertile land construction project" in Rugao Port Area. June 65438+September 2009, Jiangsu Provincial Department of Land and Resources organized experts to demonstrate the planning scheme, June 2009165438+1October 65438. Rugao City is located on the north bank of the Yangtze River estuary, near the river, and across the river from Zhangjiagang City. East longitude120 20 ~120 50, north latitude 32 01~ 32 30. It borders the Yangtze River in the south, Hai 'an County in the north, Rudong County in the east, Taixing City in the west, Tongzhou City in the southeast and Jingjiang City in the southwest. The total area of the city is 1.477 square kilometers, and the total population is 1.45 million. At present, it has jurisdiction over 20 towns, 1 provincial economic development zones and Rugao Port, a national first-class open port. Rugao Port Development Zone has a total area of 1 10 square kilometer, governs 19 administrative villages, 4 farms and floodplain offices, with a total population of 49,500, including 55,500 non-agricultural people. The annual GDP reached 5.5 billion yuan, the total fiscal revenue was 800 million yuan, the total agricultural output value was 65.438+0.4 billion yuan, and the per capita net income of farmers was 836.6. Rugao Port Development Zone "Wanqing Fertile Land Construction Project" is located in Rugao Port Development Zone, Rugao City, involving five administrative villages: Zhiqing Village, Changqing Village, Yongjian Village, Zhenlong Village and Wuling Village. The total area of the project area is 1484.438+0 hectares.

3. Brief introduction of rural residential demolition in the project area

3. 1 demolition quantity

The project area covers an area of 1, 484.865,438+0 hectares, involving 28 1.83 hectares of rural residential areas and industrial and mining areas (including 268.57 hectares of rural residential areas and 1.26 hectares of industrial and mining land), and 3,800 households have been relocated, including 854 bungalows and 2900 buildings. * * * The main house area of the demolished farmers is 904 1.64 million square meters, the area of the affiliated buildings is 37941.33 million square meters, and the industrial and mining land is 1.38 million square meters. The implementation time of the project is from 2009 to 20 1 1 year. For details of the demolition in the project area, please refer to the summary table of demolition quantities in the project area.

Summary table of demolition quantities in engineering area

3.2 Calculation of Demolition Compensation

The demolition cost of "fertile land construction project" in Rugao Port Development Zone of Rugao City is mainly the compensation and resettlement fee for demolition. The calculation standard shall be implemented with reference to the Notice of the Office of the Municipal Government on Forwarding the Guiding Opinions of the Bureau of Land and Resources of the Price Bureau of the Municipal Construction Bureau on the Technical Specification and Subsidy Standard of Rugao Housing Demolition Compensation Price Evaluation (No.24 [2009] of Gao Zhengban). The project area covers 281.83.hectares of rural residential areas and industrial and mining areas (including 268.57 hectares of rural residential areas and 13.26 hectares of industrial and mining land), with 3,800 relocated households, including 854 bungalows, 2,946 buildings and 20 enterprises and institutions, with a total construction area of about1.26 hectares. Among them, the demolition area of Changqing Sand Sheet is 69.86 hectares, with 893 households and 334 1 resident. The demolition area in Northeast China is 2 1 1.97 hectares, with 2,907 households and 1 1626 people. The total cost of demolition is 742.469 1 ten thousand yuan. Among them, the total cost of the first phase demolition is 159 10700 yuan, and the total cost of the second phase demolition is 58,336,438+0,000 yuan.

It is not difficult to see from the above data that the "Wanqing fertile land construction project" in Rugao Port Area has a large demolition area, a large number and tight time, and the demolition work is difficult. The sunshine demolition system of "eight publicity and one supervision" formulated by Rugao Port Government, that is, publicizing the scope and time of demolition, demolition procedures, compensation and resettlement methods, demolition compensation policies and standards, incentive schemes, implementation units, evaluation results, family population and mass supervision methods, has completed 3,650 households' demolition by 2065.

It is expected that the demolition work will be completed within this year, and the "three zeros" goal of zero violation, zero letters and visits and zero forced demolition will be achieved.

4 Measures for demolition work in the project area

4. 1 Strengthen leadership and do a good job.

Make clear that the project district government is the main body of demolition and organize the implementation of village relocation. Under the guidance of the leading group, the headquarters of demolition and resettlement in the project area, headed by the main leaders of Rugao City and Changjiang Town, was established, with offices, logistics support groups and demolition teams, and organs and village cadres familiar with the demolition and resettlement work were selected to enrich the work team. The working demolition team used holidays and night breaks to do ideological work in the homes of the relocated households, and explained the demolition policy to them in detail with emotion and reason, so that they had no worries. The villagers changed from "asking me to demolish" to "I want to demolish".

4.2 Departments actively cooperate with each other and villages and towns cooperate with each other.

All departments take the initiative to provide social security, medical insurance and employment guidance for relocated households, and provide services free of charge to facilitate the masses and reduce the burden on relocated households. Villages and towns cooperate with the coordination of demolition and resettlement, cooperate with departments to implement various measures, form a chain reaction, and concentrate on doing great things.

4.3 Improve supporting policies and mobilize the enthusiasm of the masses.

Rugao City defined the compensation standard for demolition with reference to the Administrative Measures for Urban House Demolition in Rugao City (OrderNo. 13 of Rugao Municipal People's Government) and document No.24 of Gao Zhengban [2009], and adhered to the principle of "if the height is high, it will not be high" and "balance on the surface" to calculate the resettlement fee, and all kinds of structures and buildings will be compensated according to the upper limit standard of the document. Widely solicit opinions from the demolition objects, formulate incentive measures to encourage people to move, and mobilize the enthusiasm of demolition by giving rewards according to the time period of demolition progress.

4.4 Do a good job in propaganda and mobilization, and strengthen public opinion propaganda.

Rugao Port Area has further increased the positive publicity of the demolition matters that the masses care about, as well as the publicity of the national demolition policies and regulations. Mobilization meetings for demolition work will be held at different levels, and farmers will be deeply involved in patient and meticulous mobilization work. Standardize administrative behavior through the supervision and guidance of public opinion. On the road, you can see banners and slogans of legal demolition; In the village community, there are various demolition documents for reference; At the demolition service station, a commentator explained the demolition policy and incentive measures in detail.

4.5 Vigorously promote the incentive policy of demolition and resettlement

There are mainly the following incentive policies for the demolition and resettlement in Rugao Port Area: ① The policy of benefiting farmers in the provinces and cities enjoyed by the original land area remains unchanged. (2) within two years, the entire township (town) will be exempted from relocated households, and the expenses will be paid by funds (cities and towns can be exempted). (3) The rent generated by the relocation of the homestead belongs to the relocated households living in the town, and the village concentrated residential area does not include the area of the current resettlement homestead. (4) reduce the construction of relocated households and land-related accreditation fees. ⑤ Apply for affordable housing and apply for a certain number of low-income households for poor households. An incentive policy encourages the relocated households to look forward to moving into the door of the concentrated area as soon as possible.

4.6 Proper demolition and resettlement to ensure housing.

First build a "comfortable nest" and recreate a fertile ground. Rugao scientifically plans to build resettlement houses in advance, giving the best lots to relocated farmers, and achieving "three closeness": close to towns, turning resources into assets and capital, and increasing farmers' rental income; Close to the park, it is convenient for farmers to work and increase their income; Close to the market, convenient for farmers to increase their income. For example, the resettlement community in Changqingsha area and the resettlement community in Northeast area will be built in Hong Kong New Town, with a total area of 6810.08 million square meters, and the total number of planned resettlement households is 65.438+0.10.20, which can accommodate 3,360 people (counted as 3 people per household). The resettlement community in the northeast area covers an area of 3.341.85 million square meters, and the total number of planned resettlement households is 39.09. The first phase of the project area involves 893 households demolished in Changqing Village and Zhiqing Village, mainly in the resettlement community in Changqing Sha area; In the second phase of the project area, 2,907 relocated farmers in Zhenlong Village, Yongjian Village and Wuling Village were placed in the resettlement community in Northeast China.

5 Thoughts on Harmonious Demolition Work

In the process of harmonious demolition, we can see that good leadership, legal procedures, evidence-based and rigorous attitude are the key points in the demolition work. In order to deepen governance and promote legal demolition, we should strengthen the guidance of public opinion and increase legal publicity. Give full play to functional advantages and provide legal services; It is necessary to strictly investigate disputes, resolve all kinds of contradictions, and make the demolition work legal, standardized and harmonious.

5. 1 Deepening governance according to law and promoting demolition according to law are the basis of harmonious demolition.

5. 1. 1 Improve the demolition policies and regulations to meet the requirements of the times.

Local demolition institutions should formulate management measures and implementation rules for urban house demolition according to relevant laws and regulations of the country, province, city and county, combined with the actual development of this city, so as to provide a more scientific basis for the house demolition work, make the house demolition management work law-based and rule-based, and lay a solid foundation for the smooth development and implementation of the house demolition management work according to law.

Local demolition institutions should reform the government management mode, establish and improve the supervision system of house demolition, draw a clear line between the functions of policy makers, supervisors and demolition people, and clarify that the main responsibilities of the government and the demolition authorities are to formulate evaluation rules, release market information and mediate demolition disputes. For matters that can be solved through market regulation, social intermediary service institutions and civil legal relations adjustment, the government will no longer participate, realize the fundamental change of demolition management mode from relying on administrative means to relying on legal means, and promote the legalization of demolition management.

5. 1.2 unify the evaluation compensation standard and establish the price evaluation system.

According to the law of market value and the principle of market valuation, a set of evaluation standards has been formulated. According to the location, use, building structure and other factors of the demolished houses, the real estate market price of the demolished houses is publicly evaluated and calculated, and the evaluation results are used as the basis for the demolition and demolition to negotiate the compensation amount of the demolished houses.

5. 1.3 standardize the demolition procedures and improve the supervision system.

Local governments should make public the approval procedures for demolition permits, the charging standards for demolition management and the complaint channels for demolition, standardize the management of demolition projects, establish dynamic files, and conduct follow-up services and supervision throughout the process. Should be combined with the requirements of rectifying and standardizing the real estate market order, strengthen the law enforcement inspection of housing demolition work, and strictly deal with the problems found in the inspection according to law, and maintain the legitimacy and fairness of the demolition work. Administration according to law should first govern power according to law, and the house demolition management department and its staff should correctly exercise their power to prevent abuse of power. The house demolition management department and its staff shall consciously accept the supervision of the people's congress, the masses and the judicial organs in accordance with the administrative procedure law; At the same time, it is necessary to vigorously strengthen and improve the internal level supervision of the administrative system and special supervision such as political discipline, auditing and finance. The house demolition management department shall establish and improve the accountability system for administrative examination and approval, the qualification certification system for law enforcement personnel, the publicity system for administrative law enforcement and the accountability system for misjudged cases.

5.2 Strengthening the guidance of public opinion and legal publicity are the boosters of harmonious demolition.

It is the basis of demolition work to carry out legal publicity in depth and let the masses know the law. Increasing the publicity of demolition through various means and letting the people know about the demolition policy can not only support urban construction, but also protect the legitimate rights and interests of the people according to law. Before the implementation of the demolition, we should repeatedly publicize and explain the policies and regulations to the masses. Efforts should be made to do ideological work in front of the door, at home, at home and in place, so that the demolished people can actively cooperate with the demolition work. In the process of demolition, we should try our best to help solve the difficulties reflected by the masses. We must resolutely safeguard the legitimate rights and interests of the masses. Those who are reasonable but do not necessarily meet the policy requirements should be properly handled according to the actual situation and on the basis of persuasion and education, and do everything possible to solve their practical difficulties for the needy households. Through solid ideological and political work, persuade and educate the masses and win the support of the majority. Let there be less misunderstanding and more understanding between cadres and masses and between the party and the masses; Less estrangement and more harmony; Less contradictions, more unity, and strive to create a good demolition work atmosphere.

5.3 Giving full play to functional advantages and providing legal services is a strong support for harmonious demolition.

Give further play to the role of the government's legal advisory group. Provide legal advice and suggestions on legal issues involved in urban reconstruction and construction and administrative documents and instruments related to law, and provide legal services such as drafting and reviewing relevant documents and instruments. Carry out notarization legal services. Notarize the contents of government affairs disclosure, the house demolition agreement, the plan of resettlement house and the results of resettlement compensation in the demolition. For houses with property disputes, disputes or temporary inability to confirm their rights, evidence preservation notarization must be carried out in the implementation process to protect the legitimate rights and interests of the people who have been demolished and those who have been demolished according to law. Expand the scope of legal aid and safeguard the legitimate interests of vulnerable groups. In the process of demolition, the status of the developer and the demolished person is equal, but in fact, the demolished person is often in a weak position. Expand the scope of legal aid, take the relocated households in a weak position as the target of assistance, safeguard the legitimate interests of the relocated households through legal means, standardize the behavior of real estate developers and demolition companies, and establish a normal demolition order.

5.4 Strictly investigating disputes and resolving various contradictions is an effective guarantee for harmonious demolition.

House demolition involves the vital interests of thousands of families. Contradictions and problems accumulated and precipitated for a long time are often exposed in the process of demolition, which may easily lead to various disputes. Improper management will inevitably affect the overall situation of social stability. Therefore, the main leaders of mediation organizations at all levels should have a high sense of political responsibility for housing demolition disputes. Do a good job in demolition disputes, resolve contradictions in time, and maintain regional stability.

5.4. 1 Respond positively and try to resolve conflicts in time.

For the contradictions and problems that have occurred, according to the principles of "territorial management" and "who is in charge, who is responsible", the work plan and progress are formulated, and every effort is made to solve the unstable factors at the grassroots level, internally and in the bud.

5.4.2 Refine the responsibilities and implement the dispute mediation responsibility system.

In accordance with the principle of "graded responsibility and centralized management", we should strengthen the leadership of mediation work, clarify the responsible person, grasp the first level and implement it at all levels. For major demolition disputes that affect social stability, the "top leaders" of the relevant units should be personally responsible, personally present, personally coordinate, personally handle and personally supervise. For major difficult disputes, coordinate relevant departments to organize special forces, intensify the investigation and mediation of contradictions and disputes, and maintain social stability.

5.4.3 Take measures to improve the quality of employees.

The first is to strengthen study. Regularly organize personnel to study the party's principles and policies, learn relevant laws and demolition business knowledge, and improve their ideological quality and professional ability. The second is to conduct a typical analysis. Using the typical cases of positive and negative mediation of demolition contradictions and disputes, this paper analyzes them in detail, grasps the experience and lessons from them, and learns to mediate contradictions and disputes correctly. The third is timely discussion. Constantly study and explore ways to solve various new situations and problems under the new situation.

In short, the demolition work is a policy and mass work in urban construction and development. In accordance with the requirements of "Theory of Three Represents", we should always take safeguarding the fundamental interests of the overwhelming majority of the people as the starting point and destination of the demolition work, adhere to administration according to law, adhere to law enforcement for the people, persist in solving problems with development methods, and push the demolition work gradually onto the track of legalization and standardization to achieve harmonious demolition.