Around the second draft of the Compensation, as defined in the public interest, collection procedures, and forced relocation and other issues, the reporter interviewed the first time, Shen Kui Peking University Law School, National School of Administration, Professor Zhu Li, a Chinese Public Administration Society Professor Shen Ronghua, Beijing University of Aeronautics Law School Adjunct Professor Wang was lit.
Nail house demolitions to curb judicial
The new draft in the abolition of forced relocation of the executive, should only apply to the court for enforcement. Set the judicial process, can constrain the abuse of administrative power, to curb the impulse and recklessness administrative action to protect the legitimate rights and interests of citizens, making removal more civilized norms.
Meanwhile, the new draft has also retained the means of forced relocation, made unreasonable demands for a "nail house", can be enforced through judicial proceedings, contain very few "nail house," the expansion of desire.
Relocation of more severe penalties for violence
The first draft has been made of the provisions prohibiting the relocation of violence, "commissioned by the Housing department and its collection unit" shall not illegally forced evictions, now "any unit or individual" requirement more restrictive, while clearly a severe penalties for illegal demolitions --- not only for compensation for damages, but also constitutes a crime of supervisors and other personnel directly responsible for personnel directly responsible shall be prosecuted for criminal liability. Does not constitute a crime, should be punished according to law.
Broader definition of public interest
Collected to determine the scope of the definition of public interest, the community has been the focus of attention. The new draft definition of public interest in broad terms, this is because at this stage to consider the situation of China. Be imposed as long as the real estate market prices in accordance with fair compensation, public interests and the interests are not levied against, but can be unified.
Compensate the owner does not suffer a clear
The level of compensation is the contradiction caused by the relocation of a major factor. The new draft defines three aspects of compensation. This requirement is a step forward, can guarantee be imposed from compensation in the market can buy the location, area of similar dwelling, security was imposed to improve the living level, not to the public interest to make contributions to be imposed, than voluntarily transactions on the housing market who suffer.
Paul compensation standard procedure in place
Stipulated in the first draft, the rebuilding of old housing is subject to the consent of 90% was imposed and compensation programs must obtain 2 / 3 or more is imposed with the consent, compensation agreement signing rate to reach 2 / 3 or more to take effect . The new draft will be revised to, protection of housing construction and renovation should be included in the Old Town city, county annual plans for national economic and social development, the National People's Congress examined and adopted the same level. This means that housing and urban renewal, to be considered by the local people's congresses body to fully play its oversight role.
Move back to the interests of nearby homeowners insurance
Involves building old city districts, have been collected shall have the right to move back. This is the first to be clear in the draft. Also on the move back in the new draft to be further clarified, to move back to the lot in rebuilding or reconstruction of the nearest location to compensate for housing lots. If the person is moved to move far away to do so blatantly unfair.