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 "Neighbors" Why demolitions "nail house",http://healing-oil.info/forum/profile.php?id=46827 In shantytowns reconstruction project as the representative of the public, faced with how to resolve the majority of people with individual "nail households" conflict of interest within the framework of legal problems Text / "Outlook" Newsweek reporter Huang Yan Due to the delay the demolition of dilapidated buildings in the same group 90% of the residents, a "nail house" by the neighbors themselves within the group collective vote, then move out furniture, demolition of existing homes - demolitions. In 2011, this change occurred in the area of Deyang shed masses spontaneously demolitions "nail house" incident is not the case, raised a big question facing demolition shed change: how to better protect the interests of the majority? Of the ongoing new round of 10 million units in shantytowns mission, the successful completion of the relocation is to ensure that one of the key tasks to complete. Shantytown complex causes, inhabited by a large number of disadvantaged groups, relocation requirements vary. Such a massive renovation project in order to successfully complete the demolition but not the obligation, from the correspondents in many provinces and cities research situation, almost impossible. The best way to achieve demolitions law. But the new "state-owned land on the housing levy and Compensation Ordinance" (hereinafter referred to as "the new regulations") issued more than two years, according to the relevant judicial demolitions facing cautious intervention and poor channel Realistic. Shed change for the demolition project focused on contradictions between the majority and the minority has signed the "nail households" contradictions, grassroots cadres and experts believe that seeks to resolve the conflict of interest within the framework of the law, need to clear the "judicial demolitions" channel. It complements the "collective interests" of protection in the legislation to better protect the "interests of the majority." "Nail households" are neighbors "demolitions" Six groups of rural residents in Donghu Kai Jiang Deyang City, has been living in the 1980s and 1990s to build "small second floor", the lack of urban infrastructure facilities, living facilities function insufficiency, Sidaluanjian serious after 2008 earthquake the vast majority of residential become dangerous, strong will transform most of the residents. In 2009, Kay's six groups start villages and shantytowns. May 2009, in accordance with the provisions of Deyang City, "Villages", and Kay's nomination by six groups, the difference between the owners' committee elected by the representatives of the 7 residents, and filed in the Municipal Planning and Construction Bureau, on behalf of all owners with the government, developers for communication and consultation, promote its policies and do mass work. Since then more than a year, the industry committee under the guidance of the government, signed with the developer commissioned the transformation agreement, worked out at the same time more than 90% of residents sign an agreement of compensation schemes, and completing all the transitional resettlement. Industry Authority Director Pang Long Zhi said that most tenants are looking forward to an early improvement of housing environment, the project began to progress smoothly, until a few "nail households" appear, they asked for higher compensation, compensation standards do not agree with the collective adopted, progress slow down. Project stopped for about two months, during most of the residents have been relocated to the "nail house" discontent began to increase. Pang Long Zhi lot of pressure, he said, some residents over the demolition of the curse, he said, "has been dragging do not want to 'nail house' candy, then we would not do it!" April 20, 2011, Jiang Kai community six groups will be open to all the owners, residents initiated the request, the demand industry,air max 90 pas cher, the Commission carried out the face of Liu's old house, "Pai crisis demolition", more than 100 households signed,http://www.ohenryscoffees.com, more than the total number of 90%. May 20, the owners' committee organizing the group of residents, a total of about 60 people,http://store.shopping.yahoo.co.jp/gion/st180-pk-set.html, the Liu family furniture and other items to move out of the old building, machinery and personnel organization of its old houses were demolished, and the same way video. Interviewed residents think that they have agreed to sign the demolition, but was "nail house" has been delayed, damage their interests. And the transformation of residential placement is a whole project, a few individuals to engage in particular is unfair for most people,scrape hogan, should implement the principle of majority rule. This situation in the local transformation is not the case. It is understood that Hainan has a similar case. Most people agree that the demolition and relocation of the individual does not agree "nail house" conflicts, the majority of people forcibly evicted the last few. "Majority interest" who will protect Director of the Institute of Social Law China University of Political Science Zhao Hongmei believe, it stands to reason that the majority of the neighbors demolitions indeed unreasonable demands "nail house" to solve the problem, is excusable. But the nature of power,woolrich outlet, the neighbor demolitions are illegal, regardless of the industry committee or most of his neighbors do not dispose of the property of others, nor the judiciary give them this power. Long-term concern with Urban Demolition justice issues Zhao Hongmei analysis, Kai Jiang six groups and other groups of residents' neighbor demolition "There is a basic premise: government, industry, the Commission and developers to the letter in accordance with national laws and regulations transformation, expropriation and compensation for legitimate compensation in place. Lose this premise, "neighbor demolitions" rationality would cease to exist. In fact, the introduction of new regulations changed the policy environment, similar to the "neighbor demolitions" phenomenon increases the odds. The main reasons are two aspects. First, the "judicial demolitions," the way is not clear, demolitions conflict continues unabated. After the introduction of the new regulations, "the developers demolition" is prohibited legislation requiring net transfer, the Government undertake demolition work, but the "demolitions" must apply to the court by the government, by the court, "Justice demolitions." But the court accepted the government's "demolitions application", mostly on the "prudent intervention" attitude, basic little filing accepted. District Housing Authority, deputy director in charge of Wushao Fu Chengdu Wuhou shantytowns, said: "After the introduction of new regulations, the national court accepted the application demolitions few, but the 'nail house' under the big background of building did not decrease, the demand has not decreased demolitions this impasse how the solution? " Wushao Fu spoke to reporters he encountered a case in point. The new regulation stipulates that expropriation demolition project to meet the "national economic development plan," the court every time with this one, but off the government's demolitions application rejected. "To make one particular street in shantytowns, can not write a place of national economic development plan. Up to just read the cage and the system to accelerate the improvement of the living conditions of people in financial difficulties, promote shantytowns, but not the document,roshe run homme, Court will not accept. "Wushao Fu said. Cai Yan, general manager of Wuhan Green livable company responsible for seven consecutive years Qingshan District shantytowns have the same feelings. After the introduction of new regulations, under the premise of legitimate and reasonable compensation are still individual "nail house", the government apply to the court "judicial demolitions" when playing back court essentially allow the government to continue to do the work, basic inadmissible, with the demolition of the Government households continue consultations. Second, pay attention to the new regulations of individual self-interest and the public interest, but most people ignored the "collective interest." Reporters combed "neighbor demolitions" phenomenon found in demolition and renovation, particularly to shanty towns, old town, villages and other public improvement projects, conflicts of interest most people with individual householders more prominent than before the introduction of the new regulations. "You nailed there, I would not be able to move into a new house;? You move property law says sanctity of private property, but I am willing to dismantle downstairs, you'll stay upstairs you" This is a majority of the population to "nail families "the most direct and simple ideas. Zhao Hongmei believe that the new regulations focus on protecting the public interest represented by the demolition of individual interests and local government, and most are gaps demolition collective interests protected rights can not bring equality Game issues. In general, modern single-family housing construction impossible exclusive presence, body building is associated with the land is state-owned, and 70-year tenure is collectively owned. Focusing on the protection of the individual interests of the consequences of the demolition, in the actual work is prone to extreme expansion of personal interest to the detriment of the collective interests of the demolition and public interests, and national land ownership and real aerial lead to land "premium go private", wild speculations so that the whole society is the taxpayers foot the bill. Conflicts of interest need to rationalize justice Deyang Kai Jiang said six groups of "neighbor demolitions" cases, demolitions Liu later developed the industry committee and the company to court, local court shall accept the case. Experts believe illegal "neighbors demolitions" eventually won the case. Deyang City People's Court verdict on the basis of contract law, property law, dismissed the plaintiff Liu all claims, court costs borne by the plaintiff. According to reports, since similar cases that Hainan final court also unanimously two cases the verdict, the plaintiff lost demolitions. Some grassroots cadres believe that this case is a typical reflection of the current reality of the plight levy demolition, but also reflects the "judicial demolitions" embarrassment: follow the normal procedure, the Court accepted cautious; extract this abnormal behavior after the court to be judgment recognized. Cai Yan of the view that the inevitable "demolitions" has become truly a hot potato, no one wanted to touch. In this regard,http://store.shopping.yahoo.co.jp/menscasual/shoes-8-menscasual.html, a plurality of grassroots cadres interview that the "neighbor demolitions," the urgent need to put an end to the phenomenon, under the existing legal framework should consist of "judicial demolitions" to solve the problem demolition of the government to accept an application to the court procedures should be more detailed and clear responsibilities and powers more clearly. "The neighbor demolitions" behind the majority of relocatees exposed interest demands are ignored, the lack of mechanisms for the collective rights of expression and other issues, experts believe,http://www.okaki.ne.jp, can absorb "neighbor demolitions" in the connotation of grassroots democracy in the collection of compensation aspects fully listen to public opinion,http://store.shopping.yahoo.co.jp/waiwai/dw-9052-1vcg.html, to develop a more rational resettlement compensation package. Zhao Hongmei believes that the current state-owned land on the housing levy compensation contains administrative relationship between the two legal relationship between the government and the evicted, evicted collective civil relations between individuals and the relocatees. Currently the demolition of international experience in a relationship after a lot of use, through legal channels to solve the "split not split" and "nail house" issue, the majority of individuals to bring civil proceedings, final judgment by the Court. Zhao Hongmei said that although the Chinese real special,tn requin pas cher, but the "majority interest" if they can participate in the legal level to the game collection demolition,http://store.shopping.yahoo.co.jp/cio/n0503600023.html, the local government can better restrict the right to impose its "burden", but also to effectively resolve social demolition contradictions, but also eliminate the "neighbor demolitions" These illegal demolition, establishing the rights and obligations of more checks and balances. Supreme Court should impose new regulations on the introduction of new judicial interpretation,http://www13.plala.or.jp/white_roots/gwbbs/gwbbs.cgi, explicitly prohibits "neighbor demolitions" This new illegal demolition, while increasing the collective interests of the majority of the attention and protection, the establishment of the establishment of a common resident in the state-owned land leased on the basis of Union, try to resolve conflicts internal encountered extreme "nail households", most people can sue "nail house" to judicial means to resolve conflicts of collective and individual. □ (Original title: "neighbors" Why demolitions "nail households") & Nbsp; 

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