How to negotiate the relocation of Beijing! (If the master enters, you should give a targeted answer and get a high score! )

1. Model statement of China Anti-Demolition Adjudication Coordination Committee.

Removed person: Address: Tel:

Property right * * * Owner: Address: Tel:

Reason for reply:

First of all, we are not unwilling to demolish, but refuse illegal demolition, illegal demolition, barbaric demolition and all illegal negotiations.

1. Since April of 15, no one has seriously talked to me about the demolition in accordance with the law and regulations.

Up to now, the demolisher hasn't told us why we need to demolish. What is the legal basis?

3. The demolisher hasn't told us: What rights does the demolished person have?

We have repeatedly asked residents to show us the demolition permit and related procedures. However, the demolition people have never shown us the Demolition Permit, which is stipulated in the Regulations on the Administration of Urban House Demolition: the units that demolish houses must obtain the house demolition permit before they can carry out the demolition; And Article 7 of the Regulations on the Management of Urban House Demolition: To apply for a house demolition permit, the following materials shall be submitted: (1) the approval document of the construction project; (two) the construction land planning permit; (three) the approval document of the right to use state-owned land; (four) the demolition plan and demolition plan; (5) A certificate of compensation and resettlement funds issued by a financial institution handling deposit business.

5. Approval documents obtained by the demolisher: approval documents for construction projects, planning permits for construction land and approval documents for the right to use state-owned land are all administrative licensing acts. According to the provisions of Articles 46, 47 and 48 of the Administrative Licensing Law, the administrative organ shall organize a hearing within 20 days, and the administrative organ shall make a decision on administrative licensing according to the transcripts of the hearing.

6. You have no legal right to tell us, we have the right to attend the hearing! Interim Provisions on Hearing Procedures of Provincial Administrative Licensing Article 11 Before making the decision on administrative licensing listed in Item (3) of Article 2 of these Provisions, the implementing organ of administrative licensing shall inform the applicant and interested parties in writing that they have the right to request a hearing. The notice of hearing shall be delivered directly to the addressee. If direct delivery is difficult, the relevant administrative organ or organization may be entrusted to serve it on its behalf or by mail.

7. We believe that compensation and resettlement for demolition is a civil act, and the relationship between the two parties must be adjusted by the general principles of civil law and contract law, with the principles of equality, voluntariness and mutual benefit! The Contract Law also stipulates that administrative organs shall not interfere with the parties' voluntary conclusion of contracts.

8. We believe that there is no specific legal basis for expropriation of non-state-owned property (including real estate). According to Article 13 of the Constitution of our country, "The state can expropriate or requisition citizens' private property and compensate them according to the law for the needs of public interests", when the government needs to demolish the original houses for the needs of public interests, it can expropriate private property. However, the sixth paragraph of Article 8 and Article 9 of the Legislative Law implemented in 2000 clearly stipulate that the expropriation of non-state-owned property can only be stipulated by the National People's Congress and its Standing Committee, or the National People's Congress and its Standing Committee make a decision to authorize the State Council to formulate administrative regulations. However, the above-mentioned legal and effective laws have not yet been promulgated. Therefore, it is illegal to stipulate that even if Order No.305 contains the expropriation of houses involved in the construction of public welfare projects, the original house owners should be compensated according to the market evaluation price, because there is no legal basis. The provision of "Order No.305" on prior execution violates the provisions of the Legislative Law. Paragraph 2 of Article 16 of Decree No.305 stipulates that if the demolition parties fail to sign an agreement on compensation and resettlement for demolition, the demolition party will pay monetary compensation to the demolition party or ... will not stop the execution of demolition after the demolition party refuses to accept the ruling and files a lawsuit. However, the ninth item of Article 8 of China's Legislative Law clearly stipulates that the litigation and arbitration system can only be stipulated by laws formulated by the National People's Congress and its Standing Committee. Therefore, Order 305 and the specific provisions that can be implemented first infringe on the legislative power of the National People's Congress and should be invalid laws. This clause provides legal convenience for developers to "act first and then act" to plunder citizens' real estate at a low price in a legal way.

9. The Property Law has been implemented. The contradiction between the demolished and the demolished must be adjusted according to the property law. The State Council's "Regulations on the Management of Urban House Demolition" has expired. "Property Law" and "Regulations on the Administration of Urban House Demolition" in the State Council have no principle of non-retroactivity! However, it is ridiculous for the relevant administrative departments to carry out demolition according to an invalid administrative regulation, which has violated the penalty.

10. The "Demolition Permit" was issued by your bureau, and it is against judicial justice for you to hold a compulsory demolition hearing or make a decision. Now I ask you to quit!

1 1. It is reasonable for a person who has never dealt with a demolition company and knows nothing about tens of thousands of administrative regulations because he has a little expectation of the government. Since I heard about the demolition, no one has publicized the demolition law to me, and no one has told me what rights I have. Just emphasize blindly: I will not leave! Tear it down if you don't leave! Some street workers told me: government demolition will be poor. By all kinds of hooliganism. ! This is also the truth and a warning. Urban Construction Bureau, Planning Bureau, Land and Resources Bureau, Development and Reform Commission and Municipal Demolition Office are all subordinate institutions of the municipal government. Although each has its own duties, the division of labor is not separated. As the direct issuer of the demolition permit, the Municipal Construction Bureau should be very clear that the real estate license and the land use right certificate are the private property of ordinary people! Special laws should be applied to the expropriation of citizens' private property! Instead of the "Regulations" and "Measures", we have the right to know who Wanda Company signed the land use contract with!

Finally, the demolished people think that as long as the demolition behavior is legal, reasonable and reasonable, we welcome it at any time. If it is illegal demolition and illegal ruling, we resolutely refuse!

I hope that the government administrative organs will give a fair statement and safeguard the dignity of the law!

I am here to convey

Urban construction bureau!

Deleted people:

Date, year and month

Please be familiar with these projects carefully! ! After handing it over to the court or the demolition office, they will definitely be stupid.

2. Dialogue opinions

(065438+10: 00 a.m. on 24 October 2008)

Wuxi Construction Bureau (08) Xi Jian Cai Xia ZiNo. 12

Talk about opinions:

1. The Respondent hereby declares that the Respondent actively supports urban construction, not unwilling to demolish, but unable to negotiate with barbaric demolition and illegal demolition without legal procedures. The security door was damaged on the morning of July 3rd, and the water meter was broken on September15th. These are all recorded in the police station. Since the demolition on April 15, 2007, no one has gone through legal procedures and publicized policies according to laws and regulations. Therefore, the "request for relocation, change of policy, talk to the developer" written in the ruling application is sheer nonsense, and there is no saying that it is ineffective to work patiently for many times. I hope that the demolition company will apologize for the above behavior.

2. The applicant and the staff of the demolition company haven't told us why the demolition is needed? What is the legal basis? I haven't read the House Demolition Permit and related procedures, so I can't determine whether the demolition is legal. I hope there is an oral explanation.

3. I declare once again that it is not that I am unwilling to move, but that the terms of the relocation contract (agreement) signed by the relocation company are too simple, and the terms involved in the contract (agreement) lack comments. Rights and obligations are unclear and asymmetrical.

Four, according to the above (3) I put forward the following requirements for signing the demolition compensation contract:

Take the demolition permit number. 1 is an annex to this contract.

(2) Six copies of the approval documents for obtaining the demolition permit are attached.

(3) A copy of the specification contract (agreement) shall be submitted to the demolished person for review in advance.

(4) Laws and regulations applicable to the contract (agreement) signed this time: such as the State Council No.305 Regulations on Urban House Demolition, Wuxi Regulations on Urban House Demolition, Regulations on Administrative Decisions on Urban House Demolition in Jiangsu Province, Notice of General Office of the State Council on Controlling the Scale of Urban House Demolition and Strict Demolition Management, Guo Ban Fa [2004] No.46, Property Law and Contract Law, etc. Several Opinions on Strengthening the Quality Management of Residential Projects, People's Republic of China (PRC) Consumer Rights Protection Law, People's Republic of China (PRC) Product Quality Law and other laws and regulations related to this contract are attached as annexes.

Five, this demolition contract (agreement) must be notarized by the notary office before it can take effect. A notarial certificate is an important annex to the contract.

6. If the applicant meets the requirements of Articles 4 and 5 above, the respondent agrees to immediately enter into substantive negotiations and sign the contract.

I am here to convey

Wuxi construction bureau

welcome

Respondents:

Address: Room 403, No.71Liangxi Road, Wuxi

Tel: 8580842 1

24/2008 1 Month

Attachment: This statement is made in duplicate (each statement has two pages).

Signature (seal) of the adjudicator:

Referee's ID number:

3. Illegal demolition in Huzhou City, Zhejiang Province has violated the criminal law.

The unified rural house demolition office in Wuxing District, Huzhou City, Zhejiang Province (the rural house demolition office) is obviously a legal person, but it still pretends to be a government act! Replace the demolition permit with "approval document". I cann't believe I have to dismantle it without going through the program!

Approval letter for requisition of land and demolition of rural houses

Hu Tu Nong Chai Pi Zi (2005) No.3

Huzhou Teachers College, Vocational and Technical College, Urban Construction and Development Corporation.

Due to the eastward expansion project of Huzhou Normal University, the second phase project of Vocational and Technical College and the construction of the Second Ring Road (south section), it is necessary to relocate the following farmhouses and their requisitioned areas.

Appendix, which meets the requirements of demolition after examination, is approved, and this book is hereby issued:

Demolition scope: Daqian Port in the south, Planning No.42 Road in the north, Outer Ring Road of National Highway 3 18 in the east and Second Ring Road in the west.

Relocation area: the area of the house and its attachments is 167 17 square meters, covering an area of 933,800 square meters.

Demolition implementation unit: Huzhou Yuhua Demolition Office Co., Ltd. 。

Relocation period: August 2004.11to 2004. 12.438+0.

Demolition period: 2005. 1. 1. By June 30, 2005.

Issuing Authority: Unified Land Acquisition and Rural House Demolition Office (Seal)

2004. 12.25

This approval is invalid, but some people regard it as the legal basis for forced demolition.

1. Genji Lake Zheng Han [2003] No.49 Article 4 The administrative department of land and resources of Huzhou City is in charge of the compensation and resettlement for rural house demolition in the central urban planning area of this Municipality.

Department (hereinafter referred to as the administrative department of rural housing demolition), responsible for organizing the implementation of these measures. Comments: This reply must be stamped with the seal of Huzhou Municipal Bureau of Land and Resources.

2. If this approval is an administrative licensing act, a hearing must be held in accordance with the Administrative Licensing Law.

3. If this approval is not an administrative licensing act, it cannot be used as a legal basis for compulsory demolition, because it is not mandatory in administrative law.

This batch of land has been turned into state-owned before February 25th, 2004. Therefore, the demolition permit must be obtained for the house demolition in this plot, such as the State Council's Regulations on Urban House Demolition Management, Zhejiang's Regulations on Urban House Demolition Management, and Huzhou's Measures for the Implementation of Urban House Demolition Management! !

5. Measures for the implementation of the management of urban house demolition in Huzhou Article 6 The Municipal Planning and Construction Bureau is the administrative department in charge of the management of urban house demolition in this Municipality (hereinafter referred to as the house demolition management department), which supervises and manages the work of urban house demolition within the administrative area of this Municipality and is specifically responsible for the implementation of these measures.

6. Farmhouse and its attachments are two legal concepts. Appendix = farmhouse = house. However, if there are special laws and regulations on house demolition, they should be applied, such as the Regulations on the Administration of Urban House Demolition in the State Council.

7. Invalid approval: the time limit has expired ahead of schedule, Genkuhu Certificate Letter [2003] No.49.

Eighth rural housing demolition and its attachments shall apply to the administrative department of rural housing demolition, and the administrative department of rural housing demolition shall issue the approval document for rural housing demolition. Without approval, no rural house demolition shall be organized.

The administrative department in charge of rural house demolition shall, within 30 days from the date of accepting the application, make a decision of approval or disapproval, or make corrections to approve rural house demolition.

Within 10 days from the date of document issuance, the construction project, demolition personnel, demolition scope, demolition period and other contents will be announced.

Ninth demolition should be carried out within the scope and time limit stipulated in the demolition approval document.

If the demolition needs to change the scope of demolition, it shall go through the examination and approval procedures again; Need to extend the duration of the demolition, the demolition should be 05 days before the expiration of the demolition period, to the rural housing demolition management department to apply for an extension, after approval, the period can be extended, but the extension period does not exceed 6 months. Within 3 months from the date of obtaining the approval document for rural house demolition, if the demolition person fails to carry out the demolition, the original approval document for demolition shall be invalidated automatically.

8. The most disgusting thing is that the issuing date is 65438+February 25th, 2004, but the required relocation period is: August, 2004.1to 2004. 12.438+0. ! !

At present, according to reliable information, whenever the scope of demolition in Huzhou is determined, the demolition party (although it is a demolition company, its members are all governments at all levels)

Cadres and village cadres) do some necessary preparatory work according to the spirit of the joint meeting, and then announce the resettlement and compensation plan (almost just at the bottom of the relevant policies of provinces and cities)

Line) and notice of moving within a time limit, during this period, people are often sent to send some notice of signing within a time limit, or write "come and sign" on the walls of each house. In this process, naturally, some villagers came to sign the contract on time, but at the same time, many villagers who thought they had some relevant knowledge simply ignored it. Because all the relevant laws and regulations have been searched, the government's wishful demolition deadline and arbitrary compensation plan are completely untenable. When the contract signing period expires, the villagers will receive the notice of moving within the time limit one after another, telling them that they will be forced to move if they don't move after the expiration.

Generally speaking, the psychological rebound of the villagers who have not signed the contract will be greater. They always thought that the demolition party had not talked to me. According to the relevant procedures, there is no need to forcibly remove the door. However, when the deadline came, the demolition team arrived as scheduled. The team is generally around 200 people, with the District Administrative Law Enforcement Bureau as the main body of law enforcement, including a bus (arresting relevant residents), several police cars, an ambulance, a large excavator (ensuring the fastest demolition of houses) and several trucks (moving things). Detailed demolition implementation plan, all personnel will be subdivided into several groups, each with its own duties. First of all, the public security personnel forcibly rushed into the demolished house and boarded the residents (it is certain that 6-8 demolition personnel controlled one resident). Then the migrant workers clean up all the furniture and sundries of the demolished houses. After emptying, the excavator began to work, and a two-story building was reduced to ruins in more than ten minutes. This process was photographed and videotaped by relevant law enforcement officers. Once the parties or bystanders are found to have the same behavior, the relevant equipment will be seized immediately.

This caused the people who were demolished to be indignant and emotional on the spot. On the one hand, the people who were demolished repeatedly compared laws and regulations, and agreed that the government was obviously unreasonable and vowed to seek justice. In the next few days, some went to the district court to file a lawsuit, and some petitioned everywhere. The litigation district court accepts all cases, and the petitioners are led or persuaded by the interviewed department to seek justice in the district court. Before long, all the lawsuits were won, and all the demolished houses were compensated accordingly. The compensation standard was issued by the district government and implemented by the court, and the result was slightly less than the original contract compensation.

This method has three disadvantages:

1. The government maliciously excluded relevant procedural and normative documents, breaking the usual dirty thinking mode, and did not hesitate to know that the law was illegal before correcting the mistakes.

Mandatory signing of contracts

3. Threaten people who want to ask questions about rights protection, and let them distract their attention from studying law and protecting rights under heavy pressure.

The unified rural demolition office in Wuxing District, Huzhou City, Zhejiang Province and relevant departments have a tendency to violate the criminal law!

1. Criminal Law: Article 397 Crime of abuse of power; Crime of dereliction of duty State functionaries abuse their powers or neglect their duties, resulting in public property,

Whoever causes great losses to the interests of the state and the people shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Where there are other provisions in this Law, such provisions shall prevail.

Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

Be sentenced to fixed-term imprisonment. Where there are other provisions in this Law, such provisions shall prevail.

Article 55 of the Regulations of Zhejiang Province on the Administration of Urban House Demolition.

The relevant administrative departments and their staff dereliction of duty, abuse of power, corruption, under any of the following circumstances, the directly responsible person in charge and the directly responsible personnel, by the relevant departments shall be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

3. Zhejiang Province implements the Land Management Law of the People's Republic of China.

Article 52

The people's governments at or above the county level and their land administrative departments shall be given administrative sanctions according to law in any of the following circumstances; If the case constitutes a crime, it shall be investigated according to law.

Criminal responsibility:

(a) failing to register the land ownership according to law or unable to correct it due to improper registration;

(two) in the examination and approval of land fraud;

(three) beyond the statutory authority, statutory procedures and statutory time limit for examination and approval of land;

(four) not in accordance with the overall land use planning to determine the use of land approval;

(five) favoritism, illegal low-cost transfer of state-owned land use rights;

(six) no administrative punishment shall be given to the illegal acts of land that should be given administrative punishment according to law, or the administrative punishment is obviously unfair;

(seven) in violation of administrative law enforcement procedures.