Problem 2: The solution of nail house: With the rapid development of urbanization, while the urban construction land is expanding, the transformation of the old city is also advancing, resulting in a large increase in the number of demolition, and the resulting contradictions are also very prominent. * * * The demolition department is currently facing two long-standing problems, one is the demolition of villages in the city; The second is land acquisition and demolition. The former is a legacy of the old city; The latter is the problem of urban expansion and expropriation of farmers' land. The faster the city develops, the more demolition problems there will be. More than 60% of the people's collective * * * received by the State Bureau of * * * reflected three issues: enterprise labor protection, urban demolition and land expropriation, among which the conflict of urban demolition with house demolition and residents resettlement as the core became a major focus of public concern. * * * If we don't pay enough attention to it, we only pay attention to development and ignore the interests of the masses, which will not only lead to the dissatisfaction of the relocated households, but also lead to social instability. Therefore, it is imperative to effectively solve the problem of "nail house" in urban demolition. Straighten your position and grasp the key. At present, the rapid development of urban construction, the development of urban planning can not be separated from * * *, and the solution of the demolition problem can not be separated from * * *, but the key issue is that * * * should recognize its position in the demolition process. * * * The main task should focus on planning management and proper examination and approval, and should not be too involved in the specific solution process of compensation between demolition and demolition, and should be freed from the implementation process. To this end, we should pay attention to and deal with the following problems. One is the issue of commercial interests and public interests. If the road is widened and the public library is built in accordance with the needs of municipal construction, the relocated households should obey the public interest. However, many "nail households" are facing developers, and they are facing the demolition of private houses to build commercial buildings, which has nothing to do with national interests. Some people are quite good at "relying on the emperor to make princes", using a large number of commercial purposes and renting a large number of administrative powers for profit on the pretext of satisfying the public interests. The so-called social welfare, which comes from the public interest, should directly benefit the people, rather than the supremacy of businessmen. We should not do everything possible to "bypass" the public interest and seek commercial interests in the name of the country. Therefore, in urban demolition, when * * * comes forward to solve the demolition problem, it is the core of the demolition problem to distinguish between the interests of developers and the interests of the state, and it is the necessary basis for whether administrative demolition can be used. The second is * * * forced demolition. When the relocated households and the developer can't reach a compensation agreement, the developer applies to the local * * * for administrative compulsory relocation. The violent resistance of relocated households is not aimed at the state, but at developers who damage their legitimate rights and interests. * * * Dealing with the "nail house" incident of commercial demolition needs to be divided into civil disputes rather than administrative disputes. If it is a civil dispute, it should be handled in accordance with the principle of equality between the two parties and civil law, unlike administrative disputes, the state judicial organs must intervene. Therefore, when dealing with the demolition of commercial interests, there is no legal substantive connection between citizens and national interests, so whether it is appropriate for * * * to come forward needs careful consideration. The third is the coordination of services. The main reasons why nail households are unwilling to move are compensation, forced low-price trading, insufficient compensation or unreasonable relocation. * * * On the one hand, as a developer, we need to provide corresponding policy support. On the other hand, it is faced with a firm attitude that compensation is not in place and residents are unwilling to relocate. Here, we can neither hinder the development of urban commerce, nor carry out forced demolition to infringe on citizens' private property. In this regard, the * * * department should straighten its position, correct its work style, act as a mediator in a coordinated way, and urge developers and relocated households to renegotiate, instead of threatening one party to reach an agreement as soon as possible by means of forced demolition. Strengthen administrative supervision, pay attention to people's livelihood and promote harmony, strengthen the supervision function of * * *, supervise legal demolition, and promote the standardized construction of urban comprehensive renovation and demolition projects. Residents have the right to understand and oppose urban planning and construction projects. Demolition projects should be planned as soon as possible (at least half a year ago) and publicized to the people, and the nature, use and plan of the project should be announced. Under the supervision of * * * *, the relocated households can exercise the right to know and disagree by adopting the hearing system, prevent the behind-the-scenes operation of the relocated parties, put an end to the phenomenon of "one price at a time", protect the legitimate rights and interests of the relocated households from being infringed, and avoid the phenomenon of the relocated households asking exorbitant prices. Evaluation is the premise of compensation and resettlement. * * * departments should establish and improve the demolition evaluation mechanism as soon as possible. First, multiple assessment agencies are allowed to participate in the demolition assessment, and the assessment compensation scheme is proposed by * * *, the developer and the relocated households through the assessment agencies respectively. Finally, under the supervision and guidance of * * * *, the developer and the relocated households negotiate to formulate the relocation compensation plan, so as to avoid the developer dominating the price and harming the interests of the relocated households. Second, the demolition management department should be separated from the demolition unit and the demolition evaluation institution, which is true. & gt
Question 3: What should I do if the "nail house" refuses to move at exorbitant prices? The court ruled that the forced demolition could not be carried out because a man jumped off a building not long ago. The relocated households waited for two years, but when they saw that they could not move back, they complained that they were "nail households" of the villagers in the village. Recently, more than 1000 people gathered to ask the nail house to move. This is a typical "five difficulties" case: relocated households are in a dilemma, nail households are in a dilemma, local authorities are in a dilemma, courts are in a dilemma, and developers are in a dilemma. Things are not simple in anyone's hands. If you only stand on your own side, each side has its own rational reasons. From the standpoint of "nail house", I am the owner of my property, and wind energy can enter the king, but law can't; From the standpoint of relocated households, we should not affect the interests of most villagers for the perennial interests of a few "nail households"; From the standpoint of * * *, if we follow the logic of "crying and noisy children have milk to eat" every time, it will become more and more difficult to demolish them in the future; From the standpoint of the court, if the legal judgment is not executed, where will the seriousness of the law be? From the standpoint of developers, time is money and efficiency is life. Being dragged down by the "nail house" all the year round, the loss may far exceed the asking price of the "nail house", but in all fairness, we can't just open this hole. First of all, I want to praise the court. This is not because the court has ruled that the iron core will be dismantled, because there is life above the law. This is the fear of life. Secondly, the local government should also be praised. This incident did not require a few people to move because of the gathering of most people. The local demolitions were "in line with public opinion" because "democracy" should not interfere with private property. But I don't think the asking price of "nail house" is 100% reasonable. In all fairness, in the middle and late period of urbanization, the overall compensation for demolition of urban residents, villages and suburban villagers is relatively high and reasonable, and the fact that most villagers are willing to move can already explain some problems. Even one-on-one negotiation between the relocated households and the developers does not necessarily mean that it is reasonable for the relocated households to get all the land price income, but * * * has to get a considerable part or even a large part of the land tax. This is the basic "legal consciousness" and "rational consciousness" that each of us should have. Then again, as the actual owner and ultimate dominator of property rights, the relocated households have the right to "charge exorbitant prices" and "not sell a penny", just like the old American lady who stuck to her home until her death. Especially in the face of non-public interests, especially when demolition and land acquisition are needed. At this time, whether it is * * * or the court, or the stakeholders related to demolition, or all walks of life, we can only hope that the relocated households or prospective relocated households will be "reasonable" and "enough is enough". But whether people are willing to be reasonable or not, there is nothing God can do. What shall we do? It seems to be a deadlock, but the best way is actually three words: detour! Just like facing an old American woman, use a concave building to contain her and her building. If it is a subway station, if there are four, three will be opened first, and other children and grandchildren will continue to negotiate until they can get through; If it is a road construction project, it should be bypassed. Even if the object to be demolished becomes an "island" in the middle of the road, a small bridge should be built to ensure that the owners can live normally in it. If eight villages in the city like Guangzhou Village refuse to be demolished or come up with high prices, they will "detour" if they can't talk properly. How to get around it? Reminds me of a land king project in the East Fourth Ring Road of Beijing. Originally, when bidding, the height and floor area ratio were limited. Later, under the condition of unchanged floor area ratio, the building height was modified, that is to say, the building spacing was wider and the building height increased. Such increase or decrease reduces the floor space of the building and increases the height, width and overall quality of the building. In case of "nail house" and "sky-high price", which is really unbearable for local authorities and developers, we might as well take similar measures to overcome it. In this way, the expansion force of transverse stretching becomes more freely elongated vertically, becoming more slender and tall, leaving two great words in the middle called "space"! This is the space of law, administration, humanity and morality! It can also fulfill the old saying of China: Take a step back and broaden the horizon! As long as the city planning changes slightly, everyone's scale and space will be enlarged! I believe that most "nail households" can't talk about asking prices. After setting one or two examples of "bypassing the past", it will neither hinder the "interests of the majority" who expect the transformation of the old city, nor violate the "will of the minority" who expect high housing prices. Moreover, in this process, there is no accommodation for the "wild speculations" of a few people, which may even lead to "wild speculations" >>
Question 4: If you are a staff member, what should you do if you meet a nail house in the process of house demolition? Now the nail house problem is getting more and more serious.
In the process of development, many places will encounter the problem of nail households.
Many projects have changed their original project plans because of the nail house problem.
So there is no clear legal provisions to solve the nail house problem.
Question 5: What should nail households do? What is a nail house? The interests are not satisfied. Put yourself in others' shoes. If you were him, you would do the same. As a leader, you should think of the people. Don't blame the people for the above policies or the tasks completed within a time limit. The people are the ones who suffer the most. If you are an official, it will be easy, that is, to meet the requirements of others. Of course, it must be reasonable. If you can't satisfy them, you must do the work area with love.
Question 6: How to solve the nail house demolition should be discussed first. If not, please * * * solve. First, cut off the water and electricity. If not, close the road. When the nail leaves the house, open it and then remove it.
Question 7: Is it useful for the state to tell nail households how to deal with it? Or look at the local government. If the local government says to bury it alive, then bury it. When the incident apologizes, you will become ashes, and you will be asked to resign from the mayor.
Unless you are in Beijing, people will have concerns. There used to be a great nail house in Beijing, but it seems to have a background.
So if you want to be a nail house, look at the local precedent first, and remember to stop.
Question 8: How to solve the "nail house" problem should be discussed first. If it is impossible, please * * * solve it. First, cut off the water and electricity. If not, close the road. When the nails leave the house, they will be opened and then removed.
Question 9: Why not forcibly deal with nail households? Assuming that the so-called' nail households' can be demolished, those who do not do nail households will be demolished sooner or later; If coercive measures can be taken against those who offer excessive prices, those who finally offer reasonable compensation will also be forced. The' reasonable' in your mind cannot represent others, otherwise it must be' reasonable'.
Question 10: Why didn't the nail house be demolished? How to deal with the nail house demolition? The demolished people are not satisfied with the compensation and want to coordinate a satisfactory compensation with the demolished party. After a long time, it is called a nail house. At present, nail house demolition can apply for the implementation of judicial demolitions according to the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
Article 28 stipulates that if the expropriated person fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to perform the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law.