How do you know how much compensation for the requisitioned?Can the compensation of the households be made public?

During the collection of houses, in addition to the compensation standards for their collection, many recruiters also want to understand how other requisitions are compensated. In practice, how to achieve mutual supervision of the requisitioned persons to ensure fair compensation for all requisitions? Can the collector refuse to disclose the compensation of households within the scope of the collection for the privacy of others?

Rules

1. The distribution of house acquisition compensation subsidies and subsidies is active public. The overall distribution situation belongs to the application public in accordance with the application -Zhao Ying complained about the information disclosure case of the People's Government of Hexi District in Tianjin

The purpose of the case: Regarding the disclosure of government information in the collection of houses, the disclosure of the shared house collection fee for house collection and compensation subsidies shall apply the "Regulations on the Improvement and Compensation of Houses on State -owned Land" Article 29 The general distribution of expenses belongs to the disclosure of the application.

Trial Court: Tianjin Senior People's Court

Case number: (2016) Tianxing No. 97 No. 97

Source: People's Court report cases

2. Whether the house acquisition department is open to household compensation is usually not directly involved in compensation decision its own legitimacy, and does not affect the physical rights and interests that the requisitioned person obtains compensation in accordance with the law -Xu Baiyan sue the Shanghai Yangpu District People's Government's house collection compensation decision and Shanghai Municipal People's Government Administrative Reconsideration Decision

Case essential purpose: After the housing collection department and the requisitioned person within the scope of the collection signed the collection compensation agreement or make a compensation decision, the final compensation situation is summarized, the archives are established, and the compensation of the household is announced. The purpose is to clarify the house collection collection. The departments' publicity obligations on the compensation of households within the scope of the collection to ensure the right to know the masses within the scope of the collection. Whether the house acquisition department's public account compensation is usually not directly involved in compensation decision to determine its own legitimacy, and does not affect the physical rights and interests that the requisitioned person obtains compensation according to law. And the relevant responsibilities subject is the collection department rather than the government itself. Therefore, the relative persons should not be supported by the reasons for the compensation of the house collection department to determine the compensation of households, and should not be supported.

Trial court: Supreme People's Court

Case number: (2019) Supreme Law Shen Shen No. 9368

Source: China Magistrate Document Network Release Date 2019-12-03

3. The compensation of the households does not disclose the personal privacy of other households because of the personal privacy of other households -Liu Guangsen, Liu Shigang, and Liu Junying sue the government information disclosure case of the People's Government of Puyang County in Henan Province

Case essentials: Although the compensation of households involves personal privacy of other households, in order to ensure the disclosure and fairness of the collection compensation, and to eliminate the doubts and concerns of the unfair compensation of the requisitioned person, the law has given this type of personal privacy to a certain exalt Cross. According to the relevant provisions of the "Regulations on the Disclosure of Government Information" and "Regulations on the Request and Compensation of the State -owned Land", even if the collective land is levied, whether the compensation of the households should be disclosed, and the collection of houses on the collective land and the state -owned land should not be requisitioned. The difference can be applied as a villager within the scope of land acquisition, and has the right to know the compensation of the households.

Trial court: Supreme People's Court

Case number: (2018) The Supreme Law Bank No. 180

Source: China Judgment Document Network Release Date 2019-02-21

4. Although the compensation of households involves the personal privacy of other households to a certain extent, in order to ensure the disclosure and fairness of the collection compensation and prevent the operation of the shall be prevented from the operation of the department, such government information should be disclosed -Zhang Ying sued the government information of the Pingding County People's Government government Public case

The purpose of the case: The results of the house survey and household compensation on the state -owned land on the state -owned land shall be announced to the requisitioned person within the scope of the house acquisition. And whether the compensation of households should be disclosed, and collective land is different from the collection of houses on state -owned land. Therefore, the compensation in the compensation and resettlement agreement involved in the case is the scope of information that should be proactively disclosed. Although the compensation of households involves the personal privacy of other households to a certain extent, in order to ensure the disclosure and fairness of the collection compensation and prevent the operation of the department's secret box operation, such government information should be disclosed.

Trial court: Shanxi Provincial Higher People's Court

Case number: (2020) Jinxing Final 500

Source: China Magistrate Document Network Release Date 2020-12-07

Judicial view

1. The principles of house collection and compensation shall follow the principles of decision -making democracy, procedures, and disclosure.

(1) Principles of decision -making democracy

The principle of decision -making democracy refers to the spirit of the formulation of the compensation plan, the signing of the compensation agreement, the signing of the compensation agreement, the compensation decision, and the negotiation of the dispute in the house collection plan. All must implement the spirit of democratic decision -making. In order to implement this principle, the "Regulations on the Reception and Compensation" also made some innovative regulations. For example, Article 12 of the Regulations stipulates that if the house collection decision involves a large number of requisitioned people, it shall be discussed and decided by the government's executive meeting. The rules of discussions of the government executive meeting must follow the principles of decision -making democracy.

(2) Program legitimate principle

The principle of legitimate procedure refers to the legal procedures and steps in the process of the collection decision and compensation decision. The obtained institutions that the collection and compensation decisions shall not at the same time to the ruling agency of the compensation and relief. The administrative organs shall not enjoy the right to demolish administrative demolition, prohibit violence from relocation, and the construction unit is prohibited from participating in relocation activities. Disputes should be included in the category of judicial review in accordance with the law. (3) The principle of disclosure

As a result, the principle of disclosure means that the results of each procedure step of collection and compensation must be made public according to law. For example, the compensation plan filed by the housing collection department must be disclosed. The solicitation of the compensation plan and the amendments to the public opinion must be made public. The compensation situation must be made public, and the audit results of the compensation costs must be made public, and so on. As a result, the principles of disclosure are the further implementation and deepening of the principles of decision -making democracy and the principles of procedural legitimacy, which can avoid dark box operations to prevent corruption.

(Excerpted from Li Dongfang: "Real Estate Law", published in February 2014 of China University of Political Science and Law Press, pp. 125-126.).)

2. Establish the significance of establishing compensation files and disclosure household compensation.

In recent years, with the gradual advancement of the national democratization process, the people's call for an open and transparent government has become increasingly higher. The "Regulations on the Disclosure of Government Information", which was implemented from May 1, 2008, institutionalized and legalized the call and requirements of the people, so it brought new changes in the announcement of the announcement of the household compensation in the compensation regulations. Whether the collection compensation reflects the principle of fairness, it must be visible to the people, and the visible fairness is the real, convincing fairness. If it is just a positive publicity of the housing collection department or the city and county governments to the requisitioned person and society, telling the people and the result of a fair compensation for the recruitment and society, it is difficult for ordinary people and the requisitioned to be convinced. However, if the file information of each household compensation is announced to the requisitioned person, the details of each household compensation are vividly remembered, and other people are appraised, compared, and supervised. On the other hand, the right to know the conspiracy also eliminates the doubts and concerns of the unfair compensation of the requisitioned person, and it is also the supervision of the charges of the collection institution strictly in accordance with the law.

Establish a compensation file for collection and announce the compensation of the households within the scope of the house demolition to the requisitioned person. This is the legal and obligation of the house collection department. It is not to be disclosed to the housing collection department by a certain or more requisitioned person to understand the relevant situation. Instead, the house acquisition department is obliged to be basically completed when the collection compensation work is basically completed. Compensation of households for each household. The announcement of the announcement can usually be the specific situation of the collection of each household's collection of the requisitioned collection on the wall or other appropriate positions. According to the "Regulations on the Disclosure of Government Information", if other requisitioned people within the scope of the collection need to understand the government information in the collection and compensation archives of the recruitment compensation archives of adjacent or similar locations, the housing collection department shall allow it to check and copy related compensation for relevant compensation and copy related compensation. Archive material. If the house collection department is not allowed or does not respond, the requisitioned person applied for the right to apply for administrative lawsuits to the people's court, requesting that the house acquisition department can perform the legal duties of government information disclosure.

(Excerpted from Jiang Bixin: "Understanding and Application of the Regulations on Housing and Compensation on State-owned Land", published in April 2012, China Legal Press, pp. 291-292.)

Legal provisions

1. "Regulations on the Disclosure of Government Information Disclosure of the People's Republic of China"

Article 2 The government information referred to in these regulations refers to the information produced or obtained by the administrative organs in the process of fulfilling the administrative management function, which records and preserve information in a certain form.

Article 15 Government information that involves public meetings such as commercial secrets and personal privacy to the legitimate rights and interests of third parties shall not be made public. However, if a third party agrees to disclose or administrative organs, if the non -publicity will have a significant impact on public interest, it will be disclosed.

Article 19 The administrative organs shall take the initiative to disclose the government information involving the adjustment of the public interest, the need to be widely aware of the public, or the need to participate in decision -making.

2. "Regulations on the collection and compensation of houses on state -owned land"

Article 29 The housing collection department shall establish a compensation file for house collection in accordance with the law, and will announce the compensation of the households within the scope of the house collection to the requisitioned person.

The audit organs shall strengthen the supervision of the management and use of compensation fees and announce the results of the audit.

Source: Faxin, Shandong Gaofa

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