For more than two decades of houses, can you get compensation during demolition?

"That day is particularly easy to remember. On the day Zhang came to the banner, it happened to be the" Women's Day. " He handled the applicant of a civil procuratorial supervision case. Although it has passed for more than two months, Liang Renwei still clearly remembers the situation at the time.

"This incident has been tossed for almost 7 years. Without the strong supervision of the procuratorate, I really don't know when to get our compensation." Zhang said.

"Zhang left the procuratorate with a smile that day. The compensation may be the best Women's Day gift we gave her!" Liang Renwei said.

House demolition

Residents' request for compensation is rejected

"I thought the house was old and broken, but we lived for decades. My husband lived here as soon as he came to Jinghe. We have been here since we got married. I was very affectionate about the house. Expansion. The real estate certificate does write the name of Huang, but when the house demolition requires us to move, how much should we give us a little compensation? " At that time, I cried my encounter-

In the 1980s, Zhang's husband came to Xinjiang to rely on his brother -in -law, and worked hard with his brother -in -law in Jinghe County. Because the work was not smooth, the wages have not been obtained. In the past few years, Zhang's husband's brother -in -law has owed a lot of labor costs. As a result, Zhang's brother -in -law's brother -in -law gave Zhang's house as a labor fee to Zhang's husband. Zhang's husband's brother -in -law informed Huang, because the house was broken and old at the time, and Huang had neither objection nor asked for any costs.

In 1994, Zhang married her husband. After the marriage, the two lived in Huang's old house and regarded it as their "home". And Huang has been developing outside the country, rarely returns to Xinjiang, and rarely ask his old house. In the meantime, Huang returned to Jinghe County twice and checked his old house. When Huang knew that Zhang and his wife lived in his old house, in order to improve the living environment, he repaired and renovated the old house and the courtyard, and covered the house. Huang did not raise any objections.

If it wasn't for the demolition of the house, maybe Zhang and his wife could still live in Huang's old house steadily, and would not have a dispute with Huang. In 2013, this calm was broken. At that time, Jinghe County decided to demolish a group of old houses, and Huang's old house was also in the scope of demolition. The county state -owned land acquisition and house demolition compensation and resettlement service center (hereinafter referred to as the "collection office") contacted Huang and informed him that the old house was about to be demolished. Please go through the demolition procedures as soon as possible.

I have never worried about the maintenance of the old house, and I can get hundreds of thousands of yuan for demolition. Why not? Huang quickly agreed to the demolition of his old house, and forced Zhang to move out of the couple. The couple panicked at once. For more than two decades, they not only had deep feelings for this house, but also paid a lot of manpower, material and financial resources for it. For the sudden demolition, the couple had no idea for a while -where does the family live? Should I have been compensated in the house in these years?

The couple Zhang stamped 7 brick -and -wood structures on the house where Huang's old house was located in 2003 and 2012, respectively. They hope that Huang can pay some compensation, but Huang disagrees; there is no result to find the village committee and relevant government departments.

Winning a lawsuit

But I can't get compensation

In 2014, Zhang and his wife complained Huang to the court, asking Huang to pay more than 80,000 yuan in compensation, including 78,000 yuan in one -time compensation, and an evaluation fee of 05,000 yuan. The court determined that the seven houses stamped by Zhang and his wife belonged to Huang, but according to the "Supreme People's Court on the implementation of the" General Principles of the People's Republic of China Civil Law "(Trial)" People add attached to the property of others, and the property of the property agrees, and if there is an agreement on how the subsidiaries are processed when the property is returned, it shall be handled according to the agreement; It can also be discounted to the owner of the property ... The court specifies the evaluation and appraisal opinion determined by the evaluation agency that the total value of the Zhang and his wife added by the house involved in the house was more than 78,000 yuan. In view of the fact that Huang did not raise objections to the affected house of Zhang and his wife, nor did he provide evidence to prove that he clearly opposed the behavior. On how the subsidiaries are processed when the property is returned, the court finally judged that the subsidiaries were owned by Huang in the principle of conducive to realizing the use value and economic value of the subsidiaries. The appraisal fee is more than 80,000 yuan. Huang was dissatisfied and appealed in July 2016, but the second instance maintained the first trial judgment, and Huang lost the lawsuit.

In 2017, Huang applied for retrial with the high court of autonomous region. The retrial ruling of the Autonomous Region High Court was no different from the two previous judgments, and Huang still lost the lawsuit. At this point, the dispute between Zhang and Huang came to an end.

Later, the Jinghe County Court queried the property of the executed person Huang and his wife's name twice, and neither found the bank account and balance information under the name of the two. Because there is no property in this case, on May 8, 2017, the Jinghe County Court ruled that the execution procedure was ended. In April 2018, the couple provided the demolition information of Huang's old house to the court. The court checked that Huang enjoys the collection of demolition compensation policies in Jinghe County. On May 14, 2019, the court issued a notice of assistance to the county.

On October 12, 2019, the county's collection office and Huang signed a house collection compensation and resettlement agreement to bring compensation for more than 580,000 yuan of house demolition into a bank card that Huang had just opened a few days ago. On the same day, Huang transferred all the compensation for the demolition to his son. Huang's son immediately transferred all the transfer information after receiving the compensation information of the demolition compensation.

On May 19, 2020, the Jinghe County Court discovered during the implementation of the bank card transaction information opened by Huang's son in a bank of a bank. There are 25,000 yuan. Jinghe County Court decided to freeze Huang's son's remaining assets, but Huang's son was not in Jinghe County, and he had no other property to execute in his name.

When the court staff informed the Zhang couple, their hearts sank again. Can't this compensation really come back?

Procuratorate Supervision and Execution

Compensation funds are recovered

In April 2021, Zhang applied to the Jinghe County Procuratorate for execution supervision. After the case was accepted, the prosecutor Liang Renwei and his colleagues performed the right to investigate and verify in accordance with the law.

The person in charge of the collection office of Jinghe County said that after receiving the notice from the court's assistance to the court, the relevant staff did not report to the leaders of the unit in time. The legal awareness was weak, resulting in the county court after the compensation for house demolition was issued.

The prosecutor's investigation confirmed that when Huang knew and did not propose an objection, the Zhang couple did invest in money and material repair, maintaining the demolished house under the name of Huang, and stamped with a new house. Nothing. However, during the implementation, the court only issued a notice to the county's collection office, and did not freeze a bank card in time to receive compensation for house demolition in Huang. The compensation claimed by Zhang cannot be executed in time because the court did not receive a notice of compensation for the mortal house demolition of the house before October 12, 2019, and did not obtain Huang Mouxin in time. Bank card information. It is the omissions on these details that Huang was quickly transferred to the housing of the house demolition compensation and the legitimate rights and interests of the Zhang couple could not be effectively maintained.

How can we allow Zhang and his wife to get back the compensation that belongs to them smoothly?

On April 29, 2021, the Jinghe County Procuratorate in accordance with the "Provisions on the Supreme People's Court on Essays on Several Issues". If there are property available for execution in the autonomous region and municipality directly under the Central Government, the provisions of the people's courts that entrust the case to the same place can be entrusted to the people's courts at different places. " The enforcement of the courts to effectively protect the legitimate rights and interests of the parties.

After receiving the procuratorial proposal sent by the Jinghe County Procuratorate, the Jinghe County Court conducted a serious review and believed that the executed person Huang had suspected that he had refused to implement the judgment and ruling. On June 6, 2021, the Jinghe County Court issued an investigation letter transferred to the Public Security Bureau to the County Public Security Bureau, stating that Huang had evaded the performance of legal obligations for various reasons since 2016, refused to fulfill the obligations of the payment execution case, and gave Zhang Zhang. The fact that a couple caused economic losses and believed that the behavior of the executed person had been suspected of refusing to implement the judgment and ruling, and asked the public security organs to deal with it according to law.

The Jinghe County Court responded to the procuratorial organs on the above situation. After the Jinghe County Procuratorate understood the situation of the case, it urged the public security organs to investigate and recover the implementation funds in a timely manner. According to the court's investigation letter and the advice of the procuratorate, the Public Security Bureau of Jinghe County rushed to Shandong Province to contact the public security organs of Huang's residence to ask for assistance to handle the case.

On February 14 this year, Huang eventually returned the case of the case and entrusted others to reach a settlement agreement with Zhang and his wife. Under the supervision of the procuratorial organs according to law, nearly 7 years, the couple finally got their own compensation.

■ Prosecutor said

Do not let the judgment become "white strips"

In this case, although Zhang won the lawsuit, he was not in place because he was not in place. I believe that in life, some people have encountered such problems, but they do not know where to ask for help. Civil execution supervision refers to the legal supervision of civil judgments, rulings, mediation, payment orders, arbitration decisions, arbitration, and notarized debt documents such as civil documents such as the implementation of legal documents such as civil execution of civil referees on the people's courts. , Procuratorate of Civil Execution Implementation Behavior. If the parties, the interested parties, and outsiders believe that the civil execution activities of the people's court are illegal, they can apply for supervision from the procuratorate where the executive court is located. If the law may be required, reconsideration, or litigation may be submitted, when the objection, reconsideration or litigation procedure must be passed. When the court ruled that the not acceptance or the damage rights and the damage should not be relieved, they may apply to the procuratorate for supervision. In this case, the couple escaped the implementation by transferring property, which led to the court's judgment like a "white strip", which affected the credibility and authority of judicial judicial. The procuratorial organs performed their duties in accordance with the law, forming a joint force with the courts and public security organs, and eventually returned Huang to the enforcement funds that had been arrears for many years. They successfully resolved the applicant's "heart knot" for many years, and achieved the effect of the case for the case.

In recent years, in civil enforcement cases, the behavior of evasion and resistance has repeatedly occurred. The obligations determined by the effective judgment and ruling should be performed consciously. In this case, the executed person who tries to avoid and refuse to execute in this case: there is no fluke in the face of the law, any rejection of the judgment and ruling of any ignorance of legal authority, and the final decision. In the end It is difficult to escape the law.

As a grass -roots case -handling prosecutor, we should strive to observe the people's sentiments, understand the people's hearts, and appreciate public opinion, handle every small case around the masses, and strive to make the people feel fair and just in every judicial case.

(Source: Procuratorial Daily Author: Liang Renwei Comic: Yao Wen)

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