Collective land compensation disputes can be handled by land expropriation lawyers: Claim fair compensation in accordance with Article 48 of the Land Management Law, and through multiple channels such as information disclosure, reconsideration, and duty-performance applications, they have helped villagers secure compensation of 309,000 yuan.
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According to Article 47 of the Land Management Law, the land expropriation shall be announced and implemented by the government at or above the county level. The village committees are not the legal contracting parties, and the validity of the agreements signed on their behalf is questionable. However, within 20 working days, the parties can obtain a response to their request for information discl...
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After the owner of the property dies, the contract shall be signed by all the heirs or their authorized representatives in writing, and the compensation shall be handled in accordance with Article 1122 of the Civil Code as part of the estate; for public housing tenants, the ownership of the tenancy rights shall be confirmed first. The property shall be distributed internally before signing the con...
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The housing expropriation lawyer reviews the expropriation decision from four aspects: authority, procedure, facts, and compensation. If it is illegal, the party concerned may apply for reconsideration within 60 days or file a lawsuit within 6 months. If necessary, the lawyer may also review the normative documents. If the main evidence is insufficient, the court may rule to revoke the decision.
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The pre-signed agreement often includes effective conditions, and its binding effect is limited if it fails to take effect; the formal compensation agreement signed in accordance with Article 25 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" takes effect immediately. The compensation should be provided before the relocation. If the agreement is not signed an...
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The compensation for forest land and cultivated land is in accordance with the four frameworks of Article 48 of the Land Management Law. For forest land, the compensation for trees is evaluated based on the type and age of the forest. The lack of a certificate does not necessarily mean disqualification. If you disagree with the standard, you can file an appeal within 60 days or file a lawsuit with...
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Appellate rights: within 60 days, an administrative reconsideration may be requested (Article 20 of the Administrative Reconsideration Law); within 6 months, a lawsuit may be filed (Article 46 of the Administrative Litigation Law); after the deadline, the party will face forced eviction by the judiciary, and the decision may be revoked if it is found to be illegal.
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Illegal buildings do not necessarily have to be demolished: those that can be rectified must be rectified within the prescribed time limit (Article 64 of the Urban and Rural Planning Law); forced demolitions must be announced in accordance with Article 44 of the Administrative Enforcement Law and allow a period for litigation; and those whose procedures are illegal may receive state compensation.
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The signing rate is not high enough and the project is stalled: The government can make compensation and resettlement decisions in accordance with Article 31 of the Implementing Regulations of the Land Administration Law, but the forced eviction must be carried out by the court. Directly demolishing the building is illegal.
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After the scope of expropriation is determined, there will be no compensation for any new construction, expansion, or renovation (Article 16 of the Regulations on Expropriation and Compensation). The same rules apply to unauthorized construction. It is necessary to fix the current status of the house and evaluate it according to law to protect one's rights and interests.
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The land expropriation and social security resettlement expenses shall be arranged in full accordance with Article 48 of the Land Management Law and used specifically for insurance subsidies. The standards shall be implemented in accordance with the provincial-level measures. If the measures are not implemented, the parties concerned may claim the performance of duties, seek administrative reconsi...
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The resettlement housing quotas are personal and exclusive, and the transfer agreement may be invalid according to Articles 146 and 153 of the Civil Code. After being declared invalid, the quota payment and interest must be returned. Real case: The court confirmed that the resettled people have the right to live and use the resettlement housing.
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A lawyer cannot guarantee successful bail: whether bail is granted is decided by the case-handling organ in accordance with Article 67 of the Criminal Procedure Law. The 37 days after criminal detention are the golden period. In real cases, the client was granted bail within the detention period and 30 days after the detention period expired.
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There are three key points to consider when selecting a criminal law firm: criminal defense and experience in corporate crime cases, investigation checklists and the ability to implement systems, and compliance rectification and defense coordination after being involved in a case. According to Article 30 of the Criminal Law, the double punishment system for corporate crimes applies, so it's better...
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After pleading guilty and accepting the punishment, one can appeal: According to Article 227 of the Criminal Procedure Law, the right to appeal is not affected, and the appeal shall be filed within 10 days from the day after the judgment is served; only the defendant may appeal without being subject to additional punishment, but the procuratorate may file a counter-appeal. Before appealing, the ri...
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