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Investigation report on key and difficult problems in the demolition and resettlement work of our district



In recent years, there have been many key projects in the provinces and municipalities in our district. There have been many problems in the demolition and resettlement process. The civil disputes and group petitions that have arisen are on the rise, seriously affecting the social stability of our district and becoming the economic development of our district. Obstacles that cannot be ignored. Therefore, we will seriously study the hot and difficult issues in the demolition and resettlement work in our district, standardize the government's behavior, and make it truly legal and administrative in the future demolition and resettlement work, and effectively safeguard the actual interests of the demolished people in the process of urbanization. A research topic with practical significance. We have conducted research and discussion on this topic by issuing questionnaires, holding symposiums, and conducting field surveys in the lower villages. We now report some of our superficial opinions as follows for the reference of the leaders.
First, the basic situation
** The total area of ​​the district is 平方 square kilometers, of which the rural area is ** square kilometers, and the agricultural population accounts for about *% of the total population. It is a coexistence area between urban and rural areas. In recent years, our district has firmly grasped the opportunities of the city's western migration and the comprehensive launch of the construction of the government, and has established the goal of “the whole year, one year, three years of great changes” proposed by the municipal party committee and the municipal government. The development strategy of “strengthening urban construction and building a strong economic zone with the hearts of the people” has thrown up a new round of large-scale urban construction boom in the whole region. Since 2001, the district has a total of ** key projects in provincial, municipal and district projects, with a total investment of ** billion yuan. All districts, towns and towns have urban construction and development tasks. A total of 10,000 mu of land will be developed and requisitioned. The total amount of houses will be demolished by 10,000 square meters, and the demolished households will be demolished. The large amount of rural demolition and resettlement is heavy. The demolition and resettlement work in our district has been highly valued by all levels and departments. With the understanding and support of the majority of relocated households, the overall progress has been smooth, and a typical example of “** mode” and “** mode” has been created. .
Second, the main experience in the demolition and resettlement work in our district is complex, contradictory and arduous. In the work, our district has overcome various difficulties, broke through many obstacles, achieved some achievements, and accumulated some experience.
1. Leaders attach importance to ensuring the demolition and resettlement work. The demolition and resettlement work involves a wide range of situations. The situation is complicated and complicated. There is no strong leadership organization to guarantee, and the work is difficult to carry out. In order to strengthen leadership and strengthen safeguard measures, the first is to establish a leadership contact project system. In accordance with the working principle of “one project, one leader, one team, one model”, a district-level leader will contact a specific project, and under the premise of strict implementation of the policy, the project will be fully responsible for the demolition and resettlement of the project. The leadership pattern of the demolition and resettlement work is coordinated. The second is to establish a leadership contact street system. Due to the heavy demolition and resettlement tasks of the streets, the pressure is high and there are many contradictions. In order to alleviate the pressure on the streets, the district committee sent 2 to 3 district-level leaders to coordinate the demolition and resettlement work in each street to resolve conflicts and solve problems in a timely manner. , received very good results. The third is to set up a leading group to deal with the remaining issues of demolition and resettlement. The district committee and the district government set up a leading group for the remaining issues of demolition and resettlement, which is responsible for comprehensively handling the remaining issues of demolition and resettlement in the whole district, and clarified the responsible leaders and responsible persons, put forward treatment opinions, and determined the delivery time. Most of the problems left over from the demolition and resettlement in our district have made great progress, which has cleared the obstacles for the future development and construction and demolition and resettlement work, and laid a solid foundation.
3. Propaganda in place is the basis for doing a good job in demolition and resettlement. The demolition and resettlement work is a very policy-oriented work. It will increase the propaganda of relevant laws, regulations and policies, guide the people to correctly understand and master the relevant policies on demolition and resettlement work, and it is necessary to correctly treat the contradictions and problems in the demolition and resettlement. In the work, our district pays attention to multi-channel, multi-form, multi-faceted do the relevant policy and propaganda work and the ideological work of the relocated households.
4. Acting in accordance with the law is the key to doing a good job in demolition and resettlement. The demolition and resettlement work is related to the vital interests of every demolition of the people. If it is not careful, it will cause contradictions and cause instability. Only by strictly following the law can we eliminate the contradictions in the bud. First, strict compensation according to policies. Second, strict adherence to the principle of "three openness" is to strictly adhere to the "three belts and three guarantees" policy, that is, bring feelings, bring policies, bring demolition plans, sign agreements, package transition, and package stability.
5. Proper resettlement is the key to doing a good job in demolition and resettlement. Our district actively cooperates with relevant departments to promote the implementation of farmers' resettlement land and the implementation of farmers' resettlement houses. The district has approved a total of ** mu of land for the “two security”, and has already applied for the resettlement land of the red line, and another ** mu is being processed. At present, the number of farmers who have moved into the relocated households has reached * The peasants who are building the resettlement community. In the demolition and resettlement work for several years, our district has created successful resettlement modes such as “**” and “**”. The main problems existed in the actual demolition process in our district. There are several outstanding problems, mainly in the following several aspects:
1. A small number of cadres and people have insufficient understanding of the policies for demolition and resettlement, or have misunderstood the demolition and resettlement policies. Due to the lack of channels for dialogue and exchange between the demolition entity and the demolished, the cadres who are the demolition subjects cannot answer the questions of the people correctly. Some cadres even perfuse the people to reflect the problems, push up and down, and cause the people. dissatisfied.
2. In the demolition investigation work, there is a deviation in the scale of compensation standards. Although the government departments have formulated uniform compensation standards in accordance with the demolition policy, there are differences in the identification of the similar structures, decoration, and prices of the same type of houses; the construction of the collective land on the collective land is mixed with the valuation of the house on the state-owned land; Individually speaking about people's feelings and dissidents, the valuation of demolition area and the valuation of demolition objects are not uniform, and there are phenomena such as individual super-area measurement and value-added valuation, which causes the affected people to compare with each other and cause contradictions.
3. Due to the current principle of demolition and resettlement, the actual operability is poor. Some village groups have established village regulations, some of which violate the provisions of current laws and policies, and lack transparency in the process of compensation for demolition and resettlement. It violated the legitimate rights and interests of the demolished people.
The demolition and resettlement work is relatively lagging behind, and the overdue transition phenomenon is serious.
1. The demolition and resettlement work system is not smooth. Streets and townships pay insufficient attention to demolition and resettlement work, and their ideas are not uniform. A considerable number of cadres have incomplete understanding of policies, and there are large deviations in implementation policies. Some project managers have poor sense of responsibility, which makes many projects difficult to implement in the preliminary work; The demolition units and the relocated households did not cooperate with the demolition work, and the price was so high that the demolition work of some projects was difficult to advance.
2. The implementation of the resettlement work of the peasants is poor, and the transition period is excessive. Due to the large-scale development and large-scale construction in recent years, especially the needs of some provincial and municipal key projects, most of the peasants' demolition will be carried out after the first demolition or resettlement, and some resettlement land and resettlement funds are difficult to locate. It has made it difficult for the resettlement of peasant households to be resettled in large numbers and has been in a transitional state for a long time. At present, there are still * households* people outside the region, accounting for *% of the total number of demolition, and most of them are over-transition.
The problem of the way out of landless peasants is difficult to solve. After being demolished, the peasants lost the land they depend on, and most of the peasants have no other skills except farm work. It is harder to find a job. The resettlement compensation fee is very limited. There is not enough capital to carry out business activities, social security, and children. A series of problems such as enrollment cannot be properly solved, which will inevitably bring instability to the society.
Third, countermeasures and recommendations
1. Increase the intensity of publicity and demolition legal policies
In the years of demolition and resettlement work, we have accumulated some successful experiences, one of which is the promotion of the demolition and resettlement laws and policies. Before the demolition and requisition of each key project, it is a useful and necessary task to first mobilize the mobilization meeting and distribute a large amount of publicity materials to the demolished village groups and relocated households. However, from the investigation and understanding, the main problem is that the breadth and depth of relevant legal policy propaganda is not enough. To this end, in the process of demolition of key projects, in addition to the mobilization meeting, we must strengthen the promotion of relevant laws and policies. The cadres involved in the demolition and resettlement work shall conduct relevant laws and policies to learn and train, especially the party members and cadres within the scope of the demolition and relocation to study and publicize the deeper resettlement compensation laws and policies, and use their radiation effects, education and Improve the policies and laws of all the demolished and resettled people. Explain and explain the problems that may arise and have emerged, especially the policy issues discovered and proposed by grassroots party members and cadres. For example, if a relocated household of a certain street relocates twice a year, the resettlement is not settled, and its reflection is strong. It is understood that the resettlement site is already under planning and construction. The government has issued transition fees in full and on time. This is a policy provision in the government's demolition and resettlement work. Through policy propaganda, these relocated households quickly eliminated grievances. Practice has proved that as long as we do a good job in publicizing the relevant laws and policies on demolition and resettlement in a timely manner, we can get the understanding and support of the general public, and many contradictions can be prevented and resolved.
2. Adhere to the principle of openness, fairness and justice in the investigation and resettlement of demolition
Due to the heavy lifting of the current demolition work of key projects, especially the demolition and resettlement work is tight and the workload is large. In order to pursue work efficiency, the government implements large-scale corps operations in the demolition investigation work, which is often at the expense of justice. It has also become one of the reasons for the dispute over resettlement. To this end, it is recommended that the competent authorities should properly grasp the relationship between justice and efficiency, adhere to the principles of openness, fairness, and impartiality, openly promote justice, and ensure fairness and stability. In the process of compensation for demolition and resettlement, the competent department shall publicly carry out the land acquisition, the approval authority of the expropriation land, the approval document number and the land use, scope, area, compensation basis, resettlement methods for agricultural personnel, and the registration site and term of land acquisition compensation. The relocation and expropriation shall be announced publicly; the compensation for demolition and relocation shall be publicly carried out, and the quantity of requisitioned land, the basis of compensation, the amount of compensation, the number of agricultural personnel to be resettled, the resettlement mode of agricultural personnel, the resettlement mode of the house, and the land acquisition compensation and resettlement plan and The specific implementation steps, etc., shall be announced in the requisitioned demolition site, and the supervision of the people in the demolition site shall be accepted to prevent the illegal interests of the demolition entity from being violated. In particular, resettlement objects and house demolition and other compensation and resettlement to people to the home, but also pay great attention to the principles of openness, fairness and justice. At the same time, a verification team will be set up to grasp the unified compensation standards, review the complaints raised by the public, correct the existing problems, ensure that the demolition and resettlement of key projects is carried out under the principle of fairness, justice and openness, and minimize the resettlement due to demolition. Injustice leads to contradictions.
3. Improve the legal norms of operability in the demolition and resettlement work
At present, the compensation basis for resettlement and demolition in our district is mainly the “Regulations on Compensation and Resettlement for Land Acquisition”, but the regulations are of principle and there are still many difficulties in actual operation, and there are many contradictions and disputes arising from this. Today, with the continuous improvement of China's legal system, the legal system of the people's people has been continuously improved, and the awareness of legal rights protection has been continuously enhanced. In order to further standardize the compensation for resettlement and demolition in our district, it is imperative to make the compensation for resettlement and demolition work to be law-abiding, and to formulate corresponding “Compensatory Measures for Resettlement and Demolition”. According to the Constitutional Spirit and the General Principles of the Civil Law, the Marriage Law, the Law on the Protection of Women's and Children's Rights and Interests, the Plan and Childbearing Law, and the relevant provisions of the Regulations on Compensation and Resettlement for Land Acquisition, combined with the actual work, the following specific opinions are proposed:
The statistics on the number of agricultural population should be strictly adhered to the bottom line of the date of the government announcement, and will not be traced back before, and will not be postponed.
Active military personnel serving in compulsory military service shall participate in resettlement and distribution; the families of military personnel who have not moved out of the army and whose household registration is in the demolition site shall participate in resettlement compensation and distribution equally.
In the demolition place, the students of the university or secondary school have already moved out of the household registration, but if they have not been assigned to formally work, they should participate in the resettlement compensation distribution on the basis of the proof of school and the student ID.
Persons with demolition hukou, who are undergoing labor reform and reeducation through labor, shall participate in resettlement compensation and distribution equally.
Personnel enjoying the five-guarantee preferential treatment shall participate in the resettlement compensation allocation equally, and the compensation fee shall be managed by the village group.
The women who have been married in the demolition site, those who have relocated after the divorce and who have been relocated to the women in the demolition area and whose hukou is still in the demolition site after the divorce shall participate in the resettlement compensation and distribution; the married women in the rural areas shall not be registered. Persons who move out can only enjoy one-time resettlement compensation. Those who have participated in resettlement compensation by the man do not participate in resettlement compensation distribution; those who do not participate in the resettlement of the man's location should participate in the resettlement compensation distribution at the place where the household is located. If the above-mentioned persons who have moved their households or who have not moved out have a written agreement with the village group, they may be executed according to the agreement. Men and women who have settled in the house can refer to the implementation.
Marriage towns, half-border households and their children who have not moved with the resettlement should participate in resettlement distribution equally; but if one party has already enjoyed the national welfare housing, it may not consider the policy preferential treatment of the homestead and housing.
The original place is in the demolition site, and it is forced to move out due to the forced or historical political reasons. After the account is relocated to the original place, the personnel who have the responsibility of the field should participate in the resettlement compensation allocation. The foreign relocated households and village groups have another The agreement may be implemented in accordance with the agreement.
Retired people who return to their hometowns do not participate in resettlement compensation. If the spouse is remarried, the rural hukou shall be resettled if it is approved by the village group and approved by the villagers' meeting. If there is an agreement with the village group, it may be implemented according to the agreement.
Violation of the law on family planning policies, children who have not been punished for planning, and do not participate in resettlement compensation. The only child in rural areas can enjoy the preferential policy of resettlement compensation and implement it according to relevant policies.
The agricultural population who moved in without proper reasons does not participate in the resettlement compensation distribution.
For those who owe the state taxes and fees, collective public welfare discounts and other collective arrears, their resettlement compensation can be distributed according to the actual arrears.
4. Change work style and establish a good image of the government
The construction of key projects to benefit the country and enrich the people is of great significance for accelerating economic development and accelerating urbanization. At the same time, the release of compensation for demolition and resettlement is in place, which involves the direct interests of the demolished people. It is also the most concerned, practical and most likely cause of various contradictions among the demolished people. These have placed high demands on government work. The demolition and resettlement work in the construction of key projects reflects the quality of work and the level of work of the government departments from one aspect. In the process of compensation for demolition and resettlement, the government's change of work style has promoted the improvement of work standards to a certain extent. When we maintain a good work style, we will get the understanding and support of the majority of the demolished people, so that the construction of key projects will be promoted in an orderly manner; on the contrary, it will be resisted by some demolished people, and the construction of key projects will be blocked. To this end, we must keep in mind the five hearts, change the style of work, and build a government image of integrity. That is to say, in the demolition and resettlement work, the reception of the public should be enthusiastic; the investigation of compensation should be careful; listen to the opinions of the people should be patient; verify the resettlement compensation standards should be public; In addition, it is necessary to maintain the continuity of the demolition and resettlement work, earnestly implement the commitments to the demolished people, diligently serve the people, and truly do the public servants of the demolished people, thus establishing a good image of the people's government and gaining the support and support of the broad masses of the people. .
5. Coordinate the construction of the project and the demolition and resettlement, and promote the community construction of the resettlement community. First, we must adhere to the principle of demolition after resettlement. Adhere to the principle of “first resettlement and demolition” for all projects, and adopt the “project + resettlement” approach to complete the formalities for the resettlement of farmers and construction projects together with the construction. Second, it is necessary to implement centralized residence, unified resettlement, and actively implement the successful experience of the “Jiajia Model”. Namely: First, centralized and unified reconstruction and resettlement. Adhere to unified planning and design, unified reporting, unified construction, unified quality supervision, unified property management, use limited land resources, scientifically and reasonably resettle farmers, achieve high standards of planning, high-quality construction, high-level management, and farmers The resettlement community is fully functional, well-equipped and suitable for living. The second is to develop the industry according to local conditions. Make full use of farmers' production and resettlement land, adopt land acquisition and independent development, and vigorously develop logistics service industry and commerce and trade, so that farmers can become shareholders, profit from profit from operations, and establish a stable source of income. The third is to arrange farmers' employment in multiple ways. Arrange the demolition farmers to engage in property management and logistics services; actively coordinate with the land acquisition construction units, give priority to local farmers in employment, encourage land-losing farmers to engage in self-employment and start businesses, and provide certain preferential treatment.
6. Strengthen the unified planning of the peasant resettlement community and formulate the overall plan for peasant resettlement in the whole district as soon as possible. First, the plan should be unified. It is unified and coordinated with the overall planning of the city and district. After the completion of the peasant resettlement community, it will become an integral part of the modern urban area. Second, planning must go ahead. Formulate a scientific and rational land use planning and annual land supply plan for the whole district, coordinate the urban and rural construction land, strengthen the planning binding force, and clarify that the living resettlement of land-losing farmers will be planned according to the residential area. Third, planning must be scientific. According to the “three favorable” standards that are conducive to comprehensive land utilization, community management and property management, the farmers' resettlement community will be scientifically planned. Fourth, planning should be practical. According to the requirements of the farmers' production and resettlement for the planning and construction of the secondary and tertiary industries, the high starting point is planned and the production land is reserved. Combining planning and reserved production land with project development and market construction will make production land a major source of long-term gains for land-losing farmers.
7. Innovate labor and employment services to promote the marketization of employment for land-losing farmers. First, we must strengthen the training of land-losing farmers. The training focuses on two aspects: guided training and vocational skills training. Guided training is mainly for the training of land-losing farmers in base rights protection, legal knowledge, urban life knowledge, and job search. The vocational skills training is mainly based on the full respect of the will of the landless peasants, and the skills training of the domestic service, catering, health care, manufacturing, construction and other industries and knowledge. The second is to solve the employment problem of land-losing farmers by combining projects. Strengthen coordination and cooperation in project construction, find jobs in construction projects, and find jobs in post-construction management and sanitation. The third is to improve the labor market. Strengthen the construction of street labor security management service stations and further improve the market-oriented employment mechanism. Considering the employment of land-losing peasants and the re-employment of laid-off work, the urban and rural “street barriers” will be broken, and the “change threshold” will be changed to “the threshold of change”.
Reform the social security system and promote the socialization of land-losing farmers. The first is to realize the transformation of the status of landless farmers. The same policy treatment as urban residents in terms of children's schooling, labor and employment, social insurance, and family planning. The second is to adhere to the principle of “low threshold entry, low standard enjoyment”. Refer to the “newcomer” approach for basic endowment insurance for employees, and determine individual account pension standards based on regional economic development standards and personal income levels. Lower the threshold, adapt to local conditions, and gradually improve order. The third is to adopt a method of combining personal responsibility and social mutual aid. The source of funds for the personal accounts of land-losing farmers is mainly based on individual and village collectives, supplemented by government support. Consider the employment of the landless peasants and the connection with the urban social security system.
First, we must speed up the construction of resettlement community neighborhood committees. For newly-added farmers' resettlement communities, it is necessary to speed up the construction of community neighborhood committees, and in accordance with the norms and requirements of urban communities, continuously improve the daily management of the community and promote the transformation of community management from the rural paradigm to the urban paradigm. The second is to accelerate the construction of community culture. Landless farmers are generally less educated and there are many lifestyle habits that are not suitable for urban living habits. In the future, we must aim at the integration of urban and rural civilization, and through the establishment of evening schools, training courses, and the organization of community culture and art festivals, we will promote the urbanization of the lifestyles and behaviors of landless farmers as soon as possible.

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