1. What to do with resettlement disputes after demolition and counter-relocation
Demolition and counter-relocation Disputes can be resolved through negotiation or litigation.
1. The demolisher, the person being demolished and the lessee cannot reach a compensation agreement for demolition and resettlement, resulting in a dispute.
This type of disputes are dealt with:
(1) Administrative adjudication
Upon application by the parties concerned, the decision shall be made by the housing demolition management department of the local people's government at or above the county level. The house demolition management department belongs to the people being demolished and shall be adjudicated by the people's government at the same level. The content of the ruling shall include the compensation method and amount, resettlement housing area and resettlement location, relocation period, relocation transition method and transition period, etc. The ruling shall be made within 30 days from the date of receipt of the application.
(2) Prosecution in accordance with the law
If the demolition parties are not satisfied with the ruling, they may file a lawsuit after receiving Within 60 days from the date of the ruling, apply for administrative reconsideration to the people's government at the same level as the house demolition management department that made the ruling. You can also file a lawsuit with the People's Court within 3 months from the date of receipt of the award.
(3) Forced demolition
If the person being demolished or the lessee refuses to According to the ruling of the demolition management department, if the house is not relocated within the relocation period stipulated in the ruling, forced demolition may be carried out in accordance with the law. The people's government of the city or county where the house is located shall instruct the relevant departments to implement it, or the housing demolition management department may apply to the people's court for execution.
2. After the demolisher reaches a demolition compensation and resettlement agreement with the demolished person or the lessee, the demolished person or the lessee refuses to move during the relocation period, resulting in dispute.
In the settlement of such disputes, the house demolition compensation and resettlement agreement established in accordance with the law is legally binding on the parties. Therefore, such disputes should be handled in accordance with the relevant provisions of the Civil Code and the Civil Code. , resolved through judicial channels. If the parties involved in the demolition do not reach an arbitration agreement, they may file a civil lawsuit.
2. Demolition compensation What are the principles of resettlement
1. Compensation first and then relocation, resettlement first and then demolition; do not arbitrarily reduce the original living standard, and in the long run Livelihood is guaranteed.
2. It must be divided into two parts.
3. It should not be lower than the surrounding market price of the house.
4. Illegal demolitions are not allowed, and forced evictions due to water and power outages are not allowed.
Resettlement disputes arising from demolition must be handled and resolved in a timely manner. They can be handled through negotiation or through litigation procedures, whether using Either way, you need to make sure that you have legal evidence to prove your point of view, so that you have a chance of winning the case when you assert your rights.
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