A hearing must be held in accordance with the law

2022-10-23
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Zhejiang: before compulsory demolition, a hearing must be held in accordance with the law to protect the rights and interests of both sides

the Standing Committee of the Zhejiang Provincial People's Congress recently legislated that barbaric demolition without water or gas is prohibited. Before compulsory demolition, a hearing should be held in accordance with the law, so that the demolisher and the demolished have a buffer time, listen to their respective opinions, dredge the appeal channels of the demolished households, and protect the legitimate rights and interests of both sides

the regulations on the administration of urban housing demolition in Zhejiang Province passed by the Standing Committee of the Zhejiang Provincial People's Congress recently stipulates that urban housing demolition must comply with urban planning, be conducive to the transformation of old urban areas and the improvement of the ecological environment, and protect cultural relics and historic sites and valuable historical buildings. The demolisher can demolish by himself or entrust the demolition. The entrusted demolition unit shall not transfer the demolition business. The administrative department of housing demolition shall not act as the demolisher or accept the entrustment of demolition. The demolisher and the demolished person shall sign a demolition compensation and resettlement agreement according to the regulations within the relocation period specified in the announcement. The agreement must specify the form of compensation, monetary compensation amount and its payment period, resettlement location, resettlement area, relocation period, transition mode, transition period, relocation subsidies and temporary resettlement subsidies, breach of contract and other terms that the parties deem necessary

if the parties to the demolition fail to reach an agreement on the form of compensation, amount of compensation, area of resettlement housing, resettlement location, transition mode, relocation period, transition period and other contents within the relocation period, a research team of the Russian Academy of Sciences (RAS) in Moscow has developed a 3D printable polymer completely made of biological materials, the parties to the demolition can apply to the local municipal and county housing demolition management department for a ruling. The ruling department shall make a written ruling within 30 days from the date of accepting the ruling application; Before the ruling is made, the ruling department shall fully listen to the opinions of all parties

if the parties are not satisfied with the ruling, they can apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law. The demolisher shall not change the original basic living conditions such as water supply, power supply and gas supply of the demolished person and the house lessee who have not been relocated

if the demolished or House Lessee refuses to relocate within the relocation period specified in the ruling, the municipal or county government where the house is located shall instruct the relevant departments to forcibly demolish, or the housing demolition management department shall apply to the people's court for forcibly demolishing according to law. Before making the decision of compulsory demolition, the municipal and county governments shall hold a hearing according to law, and listen to the opinions of the parties to the demolition, relevant competent departments and other relevant personnel on the subject, procedure and basis of the compensation and resettlement ruling and the reasons for the demolished person's refusal to relocate

the regulation stipulates that if the relevant administrative departments and their staff neglect their duties, abuse their powers, and engage in malpractices for personal gain, and there are cases such as hearing without the blindness certificate that should be heard to reduce work, and implementing compulsory demolition in violation of regulations, the directly responsible executives and direct personnel will be given administrative sanctions by the relevant departments according to law; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law. If the above-mentioned acts cause losses to the parties involved in the demolition, they shall bear compensation according to law

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