Job Recruitment Website - Property management - Do village committees or property companies in rural areas have the right to impose fines?
Do village committees or property companies in rural areas have the right to impose fines?
Village committees or property management companies have no right to impose fines or take compulsory measures. Villagers' committees are grass-roots mass self-governing organizations for villagers' self-management, self-education and self-service. They are not administrative organs, nor do they have the power of punishment authorized by administrative organs. Therefore, villagers' committees do not have the power of administrative punishment and have no right to impose fines on villagers. A fine is an administrative penalty. Administrative punishment can only be implemented by administrative organs with administrative punishment rights within the scope of statutory functions and powers. An administrative organ with the power of punishment may entrust an organization that meets the statutory conditions to implement administrative punishment within its statutory authority.
The specific contents of rural housing demolition compensation are as follows:
1, house compensation fee, house replacement fee, which is used to compensate the loss of the owner of the demolished house. It is divided according to the structure and depreciation degree of the demolished house and calculated at the unit price of square meters;
2, the turnover compensation fee, used to compensate the residents of the demolished houses for temporary housing inconvenience or temporary accommodation, with temporary living conditions, according to the population of the demolished houses to be subsidized on a monthly basis;
3. Reward compensation fees are used to encourage residents who have been demolished to actively assist in house demolition or voluntarily give up some rights, such as voluntarily moving to the suburbs or not requiring demolition units to resettle houses. The compensation standard for house demolition shall be determined by the local people's government according to the local actual situation and relevant national laws and policies;
4 monetary compensation for house demolition, the appraised price of legally owned real estate, the agreed compensation amount for house decoration or the compensation amount for house decoration determined by evaluation;
5. The compensation difference for house demolition is equal to the legally owned real estate appraisal price plus the agreed compensation amount for house decoration or the compensation amount for house decoration determined by the appraisal minus the appraisal price of the house whose property rights have been exchanged by the demolished person.
Rural old-age allowance processing flow:
1. Personal application: Eligible elders should apply for the Old Age Allowance voluntarily. Before 1 5th of each month, they will hold the original and photocopy of the applicant's ID card and household registration book, and I will apply to the community (preparatory committee) where the household registration is located with two recent photos1inch bareheaded. I should fill in the Application Form for Living Allowance for the Elderly in XX District (in triplicate).
2. Community preliminary examination: the community (preparatory committee) will review the application materials of the elderly. If the information of the household registration book and the ID card is inconsistent, the residence book shall prevail, and the age shall prevail. The community will compile the application object in a unified way, enter the information of the elderly into the elderly management information system, and at the same time organize the summary table, personal approval form, ID card and household registration book into a book, and report it to the street before the 20th of each month;
3. Street review: the street reviews the materials reported by the community (Preparatory Committee), checks whether the information is entered into the information system, summarizes the applications of various communities and villages, and arranges them into a book together with the application approval materials, and reports them to the District Civil Affairs Bureau before the 27th of each month;
4. Examination and approval by the District Civil Affairs Bureau: The District Civil Affairs Bureau shall examine the materials submitted by each street, check the data of the information system, and sign the examination and approval opinions before the 5th of the following month.
To sum up, the village committee or the property management company has no right to impose fines or take compulsory measures. Villagers' committees are grass-roots mass self-governing organizations for villagers' self-management, self-education and self-service. They are not administrative organs, nor do they have the power of punishment authorized by administrative organs. Therefore, villagers' committees do not have the power of administrative punishment and have no right to impose fines on villagers. A fine is an administrative penalty. Administrative punishment can only be implemented by administrative organs with administrative punishment rights within the scope of statutory functions and powers. An administrative organ with the power of punishment may entrust an organization that meets the statutory conditions to implement administrative punishment within its statutory authority.
Legal basis:
Article 9 of the Administrative Punishment Law of the People's Republic of China
Types of administrative punishment:
(a) warning, informed criticism;
(two) fines, confiscation of illegal income and confiscation of illegal property;
(three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked;
(4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;
(5) Administrative detention;
(6) Other administrative penalties as prescribed by laws and administrative regulations.
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