According to the Administrative Ruling of the Supreme People's Court of the People's Republic of China (2018) Supreme Law Xingshen No. 5424: During the house expropriation process, for houses that do not have construction approval procedures and property rights certificates due to historical reasons, the administrative agency shall Previously, they were screened and dealt with in accordance with the law. Unlicensed houses cannot be simply regarded as illegal buildings and will not be expropriated and compensated. This provision can be said to be appropriate for the subjects of expropriation and relocation involving issues left over from history, but the parties who are guests of this episode are not After his property of more than 900 square meters was included in the scope of relocation, he has not been recognized for compensation for many years. Now he has been holding on for 13 years. So what is going on with these properties? Today we will listen to his story. . What we talk about is things, and what we talk about is principles. Welcome to this issue of "Talk about Things and Reasons" 13 years of persistence.
When a property with legal procedures and no real estate certificate was expropriated
The party involved, Chen Weiquan (pseudonym), said that at that time, he needed a business house to start a company. So in 2004, the person involved purchased a house from a company affiliated to the laboratory. The house was a courtyard with a total area of more than 900 square meters. Because the house is old and the documents are incomplete, only 96 square meters of the house has a real estate certificate, and the remaining 817 square meters of the house does not have a real estate certificate. In May 2009, the party involved, Chen, was notified that the house was included in the scope of reserve land relocation.
Chen, a party involved, recalled that when the expropriating party discussed land expropriation, relocation and expropriation with the parties, they only discussed expropriation compensation based on the 96-square-meter house area on the property certificate, and did not conduct on-site evidence collection and investigation of the real area of the house. From the time when the house was relocated in 2009 to 2019, the expropriating party, through experts from the Housing Authority and aerial photography, failed to find the 96 square meters of housing area registered on the property certificate on the house owned by the party concerned, and during this period, it was discovered that the area on the property certificate was The actual area of Building 6 registered is 168 square meters. The expropriation authority will not compensate the remaining 817 square meters of houses on the grounds that it cannot find the 96 square meters of houses listed on the property certificate. From 2009 to 2019, during the ten years of house eviction, the government issued administrative rulings on 96 square meters of houses. So far, no department has determined the nature of the 817-square-meter house.
The enterprise that was built with great devotion is now dilapidated
According to the parties involved, thirteen years have passed since the house was relocated in 2009. During these thirteen years, because the housing authority insisted on the administrative ruling for a house of 96 square meters, there has been no issue of compensation. The settlement resulted in the party’s company being on the verge of bankruptcy and all employees being dismissed. Lawyer Wang, the lawyer for the client involved in
, explained that according to Article 22 of the "Urban Housing Requisition and Relocation Management Regulations", there is only one situation in which compensation will not be given, that is, illegal construction. However, the ruling did not identify any violation of regulations or laws for the 817-square-meter building, so this administrative ruling is procedurally illegal. In 2001, the Shanghai Municipal Bureau of Housing and Land issued Document No. 673, which was about the implementation of Shanghai's implementation rules for expropriation and relocation. The article mentioned that the resettlement houses have clear provisions: First, those with real estate certificates will be compensated according to the registered area of the real estate certificates. ; Second, if there is no real estate certificate, but there is a government approval document, compensation should be based on the area recorded in the government approval document; Third, there is no real estate certificate, and no government approval, but there is evidence that the house was built before 1981 , should be compensated according to the current measured area.
Lawyer Wang believes that the award contains Document No. 673, but it was not implemented in accordance with Article 12, so there is an error in the application of the law. This ruling seriously infringed upon the legitimate rights and interests of the party Chen. However, the subsequent court rejected the parties’ request to revoke the award.
html Perseverance in 2013, he needs to give himself an answerLawyer Wang, the lawyer for the client's case, said that before the lawsuit, Lawyer Wang found out from the industrial and commercial files that the client's house had been expropriated for business use by Longhua Loading and Unloading Company before August 6, 1979. House, the relevant documents clearly indicate that the house area is 966 square meters. Afterwards, the Housing Authority presented the relevant documentary evidence to the court regarding the initial application for the real estate certificate. After comparing the two pieces of evidence, Lawyer Wang found that in the evidence presented by the Housing Authority, the area and location of Buildings 5 and 6 of the client’s house were confused with each other.
Although it has been 13 years since the incident occurred, and the court has rejected the parties’ request to revoke the award, the parties stated that they will recover their losses in accordance with relevant legal regulations and procedures.
experts deeply analyze the legal truth behind the case. In the second half of the
program, two teachers, legal expert Wen Yibin and special commentator Ma Jinbiao, analyzed the case.
Legal expert Wen Yibin believes that according to Article 24 of the "Regulations on Expropriation and Compensation of Houses on State-owned Land", only temporary buildings that are deemed to be illegal and those that have exceeded the approval period will not be compensated. At the same time, according to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, the planning department and the natural resources department should investigate and certify unregistered buildings within the expropriation scope in accordance with the Land Management Law, the Urban and Rural Planning Law and other laws and regulations. and processing. According to the provisions of the "Administrative Ruling of the Supreme People's Court of the People's Republic of China (2018) Supreme Law Xingshen No. 5424", if the administrative agency does not have sufficient evidence to prove that the demolition of a house is an illegal construction, it should regard the house as a legal construction and proceed with the demolition in accordance with the law. Make compensation. The problems with the house in the case are issues left over from history, and the house complied with the administrative approval procedures at the time when it was built.
commented on the special commentator Ma Jinbiao: There is currently no document denying the legal nature of the house in the case, and the party involved, Chen, should receive corresponding compensation. As an entrepreneur, the party involved in this case is currently unable to operate the company he owns. On the surface, it is a legal issue, but in essence it is a problem of the local social business environment. The attitudes and opinions of the local departments towards the case show that If the local business environment is not perfect, it will also have a negative impact on social development.
guest commentator Ma Jinbiao believes that in addition to continuing to pursue legal channels, the parties can also communicate with relevant departments because they should know that behind the case is a matter of survival of an enterprise and the employment of several of its workers.
legal expert Wen Yibin believes that the first and second instances of the case have been decided, and the court rejected the appeal and believed that the ruling was legal. It is recommended that the parties concerned appeal to the Supreme Court or protest to the local procuratorate to reverse the case. In this case, the Housing Authority did not compensate the party for the 817 square meters of house area during the expropriation. Therefore, after the case is reversed, the party can file an administrative compensation lawsuit against the Housing Authority in accordance with the "State Compensation Law of the People's Republic of China".
In our country, the final result of a case can only be determined by the People's Court. Any unit or individual can only give advice and cannot interfere with judicial justice. Faced with the current situation, I believe that the relevant departments will give a fair and just trial result, and hope that the parties concerned can recover their losses through legal rights protection methods.
Relevant laws and regulations involved in this case:
[Administrative Ruling of the Supreme People's Court of the People's Republic of China, Supreme Law Xingshen No. 5424]
During the house expropriation process, for houses without construction approval procedures and property rights certificates due to historical reasons, the administrative The authorities should screen and deal with the houses in accordance with the law before expropriating them. They cannot simply identify unlicensed houses as illegal buildings and deny compensation for expropriation.
[Article 22 of the "Regulations on the Administration of Urban House Requisition and Relocation"]
The demolisher shall compensate the demolished persons in accordance with the provisions of these regulations.
No compensation will be given for the demolition of illegal buildings and temporary buildings that have exceeded the approved period; appropriate compensation should be given for the demolition of temporary buildings that have not exceeded the approved period.
[Notice on the Implementation of Several Opinions on the Implementation of Shanghai Urban Housing Relocation Management Implementation Rules" Article 12]
Definition of non-residential housing:
1. Proof of rent payment;
2. Before December 17, 1983, there was a lease Proof that the person's household registration is in the house to be relocated.
[Article 36, Item 8 of the "State Compensation Law of the People's Republic of China"]
If the property rights of citizens, legal persons and other organizations are infringed upon and cause other damage, compensation shall be based on direct losses.
