North reference to scholars and political reform 15 proposals submitted to the State Department this morning, _ flower monk consulting
Demolition reform recommenauto accident attorney dations 15 North academics today will be submedical malpractice lawyers new yorkmitted to the Office of the State, expropriation and compensation related to housing, public benefits defined and so this morning, Peking University scholars will take the "constitutional and administrative law Center" in the name of the Office of the State to submit a proposal on the State-owned land and housing levy and the Compensation Ordinance (second public draft) "put forward a revised views, covering 11, including 13 provisions modify and add two provisions. Prior to this, the Centre of scholars has been a period of ten days in preparation. This consulkansas personal injury attorney tation will end on November 30th. On 7 December last year, jiangming, Shen Kui Wong Tin-zinc, money star and Chen-side hung, North to the NPC Standing Committee five scholars of law proposals to the urban housing demolition and relocation Management Ordinance review. This time they did not then to submit on behalf of individual scholars. Beijing University School of law, Vice Dean Kui said this would be the result of collective discussion, conducted before and after ten days, until yesterday was finalized. These amendments covering housing levy and compensation principles and public interest needs, planning of public participation, the old houses of expropriation and compensation programs, housing levy decision of public participation, openness and relief, expropriation compensation standards, expropriation compensation decisions enforceable, the choice of real estate appraisal firm, discontinued, suspended loss compensation, etc. �� Housing proposal excerpt and compensation levy recommended principles in section 2 of the add on first public draft of "the need for public interest," and article 3 of the expropriation compensation results in a "public" principle was changed to "transparent". At the same time, an additional provision, "you can achieve by other means, shall not be levied on purpose; tax collection is needed, should you choose to be levied on human losses in the smallest collection programmes". Reason in the first version of "for the public interest requires" cannot be less, because the principle of non-commercial purposes is not missing. Whereas the principle of "openness" and the results are not comprehensive, expropriation and compensation in the entire process, including collection basis, reason, compensation programmes should be public, unless the State secret, so the result will be "open" to "transparent". While the increase in provisions is to ensure that housing levy and compensation to follow the principle of proportionality, in addition to the regulations listed in matters of public interest, specific projects of public interest have yet to be demonstrated "the legitimate purpose, does not mean that the means of legitimate, bona fide". Brickwall levy and recommended compensation procedures will increase "in section 8, which involves collecting, transforming the old House, old houses should be sought to be imposed within-thirds housing owners consent. "Article 22, paragraph 1," which levied, transforming the old housing compensation agreement, the Agency contracted rate within a period of more than two-thirds, to be effective. " Grounds under the status quo, in legal practice, it is easy to form the opinion of the majority of people being charged no attention, so collecting, transforming the old housing compensation agreement does not eliminate the need to achieve more than two-thirds of contract rates to take effect, thus it?��s helpful for the person being charged an interest for fair compensation effective protection. Due to the dangerous poses a threat to the safety of household and even passers-by, rebuilding itself is in the public interest, should not have more than two-thirds majority was charged with the consent of the condition, use the "old housing" instead of "old". Public interests in defining the proposed article 8, paragraph 1 is amended to read "has the following public interest needs, circumstances, the imposition of the housing is needed by the municipal, County Government to make housing levy decision: ..." increase "in paragraph 1 otherwise than by reason of public interest and need someone to the housing of the State-owned land in the building activities, should be voluntary, the principle of equality, consultations and housing owners make housing and appropriate land-use right Transfer Protocol, and transacting for approval. "Increase" in paragraph 1 for the public interest to prohibit the imposition, in the land, any decision inconsistent with the imposition of the levy when the purpose of building activities. " Grounds the second draft of the law on grounds of public interest needs of construction activities said nothing, on the one hand, easy to form this kind of construction activities may be" unable "impression on the one hand, and easily practice will obviously non-public building activities with public matters. So be on non-public service activities of principle of construction. Legitimate rights and interests of the lessee compensation under section 2 of the proposed additional paragraph "is charged the lessee's legitimate interests as a result of the housing tax suffered losses, must give fair compensation. "Article 19, paragraph 1 is amended to read" caused by the expropriation was charged people housing or tenant relocation, housing levy shall cover the removal costs "and, in article 20, paragraph 1 sentence was changed to" caused by the imposition of the housing or to be charged to the lessee's halt losses, according to the housing was charged before the benefit, cease compensation period and other factors. " Grounds the second draft law said nothing about the protection of the rights and interests of the lessee, the lessee in real life because the levy, lifting the leasing contract or forced relocation, or forced to halt (leasing used to operating conditions), therefore, need the legitimate interests of the lessee damage compensation. Germany had a similar experience for our reference. Source: yuan'an Forum
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