home is a term that we have been exposed to since childhood. Home not only refers to the house where we live, but also the warm memories of our parents and the ties between our children and their children when they go out. The phrase "fallen leaves return to their roots" highly summarizes the importance of home to the Chinese people. But the home where the protagonist who came to our show today has lived for more than 20 years has disappeared. What happened? Let's hear her story together.
The home that she has lived in for more than 20 years has suddenly experienced changes.
In the program, the narrator, Ms. Lin Qing (pseudonym), recalled that she purchased more than two acres of land from the village committee in 1998 and 1999 respectively. , the village committee promised Ms. Lin that she could build houses on the purchased land. Ms. Lin then built a house on the land, and her family of four lived in it for more than 20 years. In June 2022, the village notified Ms. Lin that the land purchased was within the scope of demolition. According to Ms. Lin’s account on the program, the other party provided Ms. Lin with two compensation plans at that time: arranging a resettlement house for her, or a compensation of 1,000 yuan per square meter. Diverse. Ms. Lin disagreed with the other party's compensation plan and communicated with the other party many times, but no announcement was made. On September 24, 2022, the other party demolished part of Ms. Lin's house on the grounds that it was an illegal building. Subsequently, Ms. Lin filed a lawsuit in court.
Winning the case in court did not make things turn around.
Lawyer Ai, who provided legal aid to Ms. Lin, mentioned in the program that the evidence and defense opinions provided by Ms. Lin’s attorney to the court at that time were very sufficient, and she also obtained recognized and adopted by the court. The court did not adopt the defendant's defense opinion. In the end, the court determined that the other party’s behavior was illegal. After the verdict, the other party appealed, and the Intermediate Court of Second Instance also upheld the original judgment and rejected the other party's appeal request.
Although Ms. Lin won the case in court, she said on the show that the victory did not usher in a turn for the better in the incident.
According to what Ms. Lin said on the show, after the court ruling, the other party approached Ms. Lin to discuss a compensation plan, but the other party insisted on the previous plan on the compensation plan, and the two parties still did not reach a consensus. After that, the other party continued to demolish Ms. Lin's house, and during this period, Ms. Lin called the police twice. According to Ms. Lin’s account on the show, due to a previous conflict between the two parties, Ms. Lin smashed the glass on the other party’s excavator. So Ms. Lin was detained by the police for 5 days.
The house that cannot be returned, what happened behind the narrator
Ms. Lin recalled in the program that when the house was built, her husband was ill and the children were young, so Ms. Lin found a way to build the house alone. Ms. Lin’s family also relies on the rent of their house to make ends meet. Now
Ms. Lin is over fifty, her husband is in his seventies, and their children are still in college. The house where they make a living is now surrounded by iron sheets, and the condition of the house can no longer be seen from the outside. In the second half of the
program, legal scientist Wen Yibin and special commentator Jiang Jiansheng conducted a detailed analysis of the case.
In the program, legal scientist Wen Yibin conducted popular science on the legal knowledge involved in relocation. Teacher Wen said that in accordance with the "Land Management" According to the provisions of relevant laws and regulations such as the Law of the People's Republic of China, people's governments at or above the county level must strictly follow ten steps and procedures to implement the expropriation of collective land and the compensation for the demolition of houses on collective land: 1. Issue an announcement of proposed land acquisition; 2. Consult villagers' opinions; 3. Field investigation and registration; 4. Formulate one book and four plans; 5. Post land acquisition announcement; 6. Post land acquisition compensation and resettlement plan announcement; 7. Submit land acquisition compensation and resettlement plan for approval; 8. Approval of land acquisition compensation and resettlement plan steps; 9. Land Compensation registration; 10. Implement land acquisition compensation and land delivery.
guest commentator Jiang Jiansheng added: Our country’s laws and regulations in this area have been improved, and multi-angle and multi-directional laws, regulations and management measures have been introduced to protect the rights and interests of relocation objects. In the implementation stage, in addition to relevant departments, In addition, the relocation targets also need to have a certain degree of understanding of relevant policies.
Regarding the issue of illegal construction discussed by the narrator in the first half, legal scientist Wen Yibin gave an interpretation in the program.Teacher Wen said that illegal buildings are stipulated in Article 65 of the "Urban and Rural Planning Law of the People's Republic of China" and Article 65 of the "Urban and Rural Planning Law of the People's Republic of China", but the narrator built the house in 2001. , before the relevant laws and regulations were promulgated. Moreover, during the process of building the narrator's house and during the twenty years he lived there, the relevant departments did not identify or punish the narrator's house for illegal construction. The other party proposed in the lawsuit that the narrator's house was an illegal building, which was just the other party's defense opinion. Moreover, the court did not adopt the other party’s defense opinions in its decision. At the end of the
program, two teachers gave relevant opinions based on the narrator's current situation.
special commentator Jiang Jiansheng said: According to the "Decision of the State Council on Deepening Reforms and Strict Land Management" [Guofa (2004) No. 28] Article 14 states that during the land acquisition process, farmers must understand and confirm some of the detailed rules and plans for land acquisition. However, according to the narrator's account in the first half and the evidence provided, the narrator was unaware of the above-mentioned matters. Therefore, it is recommended that the parties concerned actively collect evidence and seek legal help.
Legal scholar Wen Yibin added: If the narrator's narrative and the evidence provided by the narrator are true, and the court has confirmed that the other party has violated the law, the narrator can sue the other party for compensation in court, and the compensation standard will be based on the court's judicial decisions. identification and related laws.
In our country, the final outcome 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. Our program will continue to pay attention to the development of the case.
Relevant legal provisions involved in this case:
[Article 64 of the "Urban and Rural Planning Law of the People's Republic of China"] If a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the local government at or above the county level shall The urban and rural planning department of the people's government orders the construction to stop; if corrective measures can still be taken to eliminate the impact on the implementation of the plan, corrections will be made within a time limit and a fine of not less than 5% but not more than 10% of the construction project cost will be imposed; if corrective measures cannot be taken to eliminate the impact , demolition within a time limit, and if it cannot be demolished, the physical objects or illegal income will be confiscated, and a fine of not more than 10% of the construction project cost may be imposed.
[Article 65 of the "Urban and Rural Planning Law of the People's Republic of China"]
If a rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit within the township or village planning area, the township or town shall The people's government orders the construction to stop and make corrections within a time limit; if corrections are not made within the time limit, it may be demolished.
[Article 14 of the Decision of the State Council on Deepening Reform and Strict Land Management (Guofa [2004] No. 28)]
Improve land acquisition procedures. During the land acquisition process, the rights and interests of farmers’ collective land ownership and farmers’ land contract management rights must be protected. Before land acquisition is submitted for approval in accordance with the law, the land-expropriated farmers must be informed of the purpose, location, compensation standards, and resettlement channels of the proposed land; the results of the investigation of the current status of the land to be acquired must be confirmed by the rural collective economic organizations and farmers whose land is expropriated; if necessary, The land and resources department shall organize hearings in accordance with relevant regulations. Relevant materials that are informed and confirmed by land-expropriated farmers must be used as necessary materials for land acquisition approval.
