House sites have collapsed, and administrative organs should be compensated to resettlement

(picture derived from the Internet)

The main point of the referee

The right to use the homestead is a basic right of a member of the rural collective economic organization. Rural villagers realize households.

1. As the villagers of the village, the party has not changed. Children also enjoy the rights of members of the village collective economic organization in accordance with the law.

2. Although his family lived in a long -term living, he did not lose the qualifications of members of the village's collective economic organizations and the right to use homesteads.

3. Although the parties build a house without approval, the house built is identified as an illegal building and has been forcibly demolished, but it still has the right to use the homestead. The right to use the homestead is compensated for resettlement. As for whether the parties have legal houses on the homestead, they are one of the considerations for the compensation standards during the compensation and resettlement process. The administrative organs shall not be established on the grounds that the houses built by the parties are illegal buildings and their native houses have collapsed.

Judgment Documents

The Supreme People's Court of the People's Republic of China

Administrative ruling

(2020) Supreme Law Shen Shen 13515

Applicants for retreat (the defendant in the first instance, the appellant in the second instance): the management committee of the Xinyang High -tech Industrial Development Zone in Henan Province, and Xinyang City, Henan Province.

Legal representative: Bear Kaishu, Director of the Management Committee.

Entrusted litigation agent: Wang Shunfei, staff member of the Legislative Office of the Management Committee of Xinyang High -tech Industrial Development Zone in Henan Province.

Entrusted litigation agent: Liu Xiwang, a lawyer of Henan Qiutong Law Firm.

The applicant (the plaintiff of the first instance, the appellant of the second instance): Chen Li, female, born on August 25, 1966, Han nationality, lived in Pingqiao District, Xinyang City, Henan Province.

The applicant (the plaintiff of the first instance, the appellant of the second instance): Hua Anmin, male, born on December 6, 1966, Han nationality, lived in Pingqiao District, Xinyang City, Henan Province.

The applicant (the plaintiff of the first instance, the appellant of the second instance): Huining, male, born on August 25, 1998, Han nationality, lived in Pingqiao District, Xinyang City, Henan Province.

The respondent (the plaintiff of the first instance, the appellant of the second instance): Huayong, female, born on July 12, 2010, Han nationality, lived in Pingqiao District, Xinyang City, Henan Province.

Legal agent: Chen Li (Mother Hua Yicong), female, born on August 25, 1966, Han nationality, lived in Pingqiao District, Xinyang City, Henan Province.

The appellant in the second instance (defendant in the first instance): The People's Government of Xinyang City, Henan Province, Xinwu Road, Yangshan New District, Xinyang City, Henan Province.

Legal representative: Shang Chaoyang, mayor of the city's people's government.

The appellant in the second instance (defendant in the first instance): Chengdong Street Office, Xinyang High -tech Industrial Development Zone, Henan Province, Xinyang Industrial City, Xinyang City, Henan Province.

Legal representative: Shi Zhan, director of the office.

Review applicants in Henan Province Xinyang High -tech Industrial Development Zone Management Committee (hereinafter referred to as Xinyang High -tech Zone Management Committee) Four people), the appellant's Xinyang City People's Government, Henan Province, and the Chengdong Street Office of Xinyang High -tech Industrial Development Zone in Henan Province, the administrative levy case of the Chengdong Street Office of the Henan High -tech Industrial Development Zone, did not accept the Henan Provincial Higher People's Court (2019) Yuexing No. 3767 Administration The verdict is applied for retrial. The court formed a collegiate panel for review in accordance with the law, and the review has ended.

The Management Committee of Xinyang High -tech Zone applied for a retrial saying that Chen Li and other four people did not enjoy the right to use homesteads. House sites) Before the recruitment of houses in Xinyang ×× New District ×× 2017, it has been collected by the land acquisition department as state -owned. The Chenmiao Group has received land compensation funds. Chen Li and other four have obtained the right to land compensation. Chen Li and other four people had no houses. The two previously existing illegal buildings have been forcibly demolished by the subject of administrative law enforcement. The Xinyang High -tech Zone Management Committee is the main body of house acquisition rather than land acquisition. The land has not been demolished by its house. The court of second instance ordered the Xinyang High -tech Zone Management Committee to compensate for it without legal basis. Chen Li and other four also did not provide the basis of legal and local normative documents to the 108,5500 yuan he asked for. Therefore, in accordance with the provisions of Article 91, Article 3 and 4 of the Administrative Procedural Law of the People's Republic of China, apply for retrial, request: Require: Revise the Henan Provincial Higher People's Court (2019) Yuexing No. 3767 administrative judgment, rejected the judgment and rejected the rejection Chen Li and other four were requested.

The court was reviewed that the right to use the homestead was a basic right of members of the collective economic organization of rural areas, and it should ensure that rural villagers lived in households. In this case, Chen Li, as a villager in the Chenmiao Group of Liuwa Village, Pingqiao District, Xinyang City, Henan Province, has not changed the household registration. It should enjoy the rights of members of the village collective economic organization in accordance with the law, including the right to use the homestead. After Chen Li got married, his husband and child -born children also enjoyed the rights of members of the village's collective economic organizations in accordance with the law. Although his family has lived in a long -term live, it does not lose the qualifications of members of the village's collective economic organizations and the right to use the homestead. Although Chen Li and other four people built a house without approval, the houses built were identified as illegal buildings and forced demolition, but they still enjoy the right to use homesteads.The right to use the homestead of the four people to use the right to use Chen Li and other four people to compensate for resettlement. As for whether the four people such as Chen Li have legal houses on the homestead are one of the considerations for the compensation standards during the compensation and resettlement process. The claim that the native house has collapsed and refused to give Chen Li and other four people compensation for resettlement cannot be established. Therefore, the court of the second instance confirmed that the management committee of the Xinyang High -tech Zone violated the four people and other four people, and found that Chen Li and other four people had the right to obtain compensation. The fact that the facts were clear and the applicable law was correct.

In summary, the retrial application of the management committee of the Xinyang High -tech Industrial Development Zone in Henan Province does not comply with the situation stipulated in Article 91 of the Administrative Procedural Law of the People's Republic of China. In accordance with the \"Explanation of the Supreme People's Court on the Application of the Administrative Procedural Law of the People's Republic of China\" Article 116, paragraph 2 (2), the ruling is as follows:

Reject the Management Committee of Xinyang High -tech Industrial Development Zone in Henan Province Application for retrial.

Judgment Fang Fang

Judge Li Xiaomei

Judge Shen Jia

December 15, 20020

[123 ] Secretary Chen Xiaoxiao

Source: Lusa Tan, Shandong Gaofa

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