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The evening of 20 March 2008, Duan Yun houses were Chinese Medical Sciences, Beijing Union Medical College Hospital (known as Union Hospital under) broke into the house demolished overnight. At that time, the two sides have not yet agreed on compensation for demolition, Duan Yun did not agree with the demolition.
Reported to the police, administrative litigation, civil litigation, three years,http://zazna.com/selection/index.php?item/create_form/1, Duan Yun eleven rights as a means of illegal demolition directed at Concord Hospital. The Concord Municipal Hospital claimed that the demolition project is a key project, the demolition of legal compliance behavior.
Recently, the East Court of First Instance decision on the civil action, Union Hospital, finds the practice violated the property rights section of cloud, decree 146 million yuan compensation.
Recently, due to the appeal, Union Hospital, relocation compensation section of the cloud is not yet in place. But on the site of their houses, key projects in Beijing - Union Hospital emergency clinic building has been in the construction.
Homeowners know demolished houses 6 days
1994, MD Duan Yun graduated to Concord Hospital, where he was a physician. Five years later, she was given a share of the hospital public houses, located in Building 41 East North Street, near Union Hospital, an area of 52.65 square meters.
After the implementation of the reform policy, Duan Yun out a sum of money will buy this public house and go down a real estate license. In 2004, she resigned to go abroad, the house to the sister-paragraph (a pseudonym, the same below) escrow. Because relatives often come to Beijing to live, this house has not been rented out, most of the time idle.
In 2007, Union Hospital, began to find the segment Fang talk demolition is proposed to compensate 15,000 yuan per square meter, Duan Yun disagree with this standard, "this price, in this location could not afford a house." Then, in the same section of the cloud made lots the same area to buy a second-hand housing, also rejected the hospital.
Relocation compensation negotiation impasse. At that time, the building most of the residents have been negotiated compensation is completed and moved to the beginning of 2008, only includes three segments including cloud still persist, but are no longer living.
The evening of 20 March 2008, a group of men broke into the segment breaking cloud and three houses, all the items will be removed, and after removal of this building dormitory overnight.
Six days later, Duan Fang came to see the house, they found the entire building has been demolished, then rushed to the police. Police received a report, find Concord Hospital in March 21 Jianguomen east city police made note. This note shows that heavy rain March 20, Building 41 dangerous situation, for the protection of goods within the household segment three clouds, etc. from loss, Union Hospital emergency items their house and move to a safe place of safekeeping . For the night dismantling the House of the issue, but did not note the word home.
"Relocation compensation still talking about,http://www.europekey.cn/bbs/forum.php?mod=viewthread&tid=1998005, we do not agree with the demolition of these people is simply violent demolition!" Duan Fang said she is very dissatisfied with the practice of Union Hospital, intentional damage to public and private property crimes reported to the police on the grounds.
Housing Authority said, "basically true"
March 28, 2008, Dongcheng District Public Security Bureau issued a "notice of not filing," said after the examination that does not meet the filing criteria. Miss Duan filed an administrative reconsideration, April 15 the same year, the Municipal Public Security Bureau upheld the decision not to file, and finds Miss Duan cases reported no crime.
Criminal cases did not stand, Duan Yun lawyer sued the Dongcheng District Housing Authority. Duan Yun believes Dongcheng District Housing Authority administrative omission, Union Hospital violations require the demolition process for punishment. The other two have the same experience also reflects the east city Housing Authority, Union Hospital, the problems in the demolition.
East Housing Authority said in the pleadings, Ms. Duan and Union Hospital of relocation disputes, Union Hospital, a party had its application for administrative arbitration, the Housing Authority has been accepted, but Ms. segment administrative proceedings, so it suspended the award process.
Concord Hospital for "Rainy Night demolition" behavior,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, the Housing Authority was in April 3, 2008, issued "on the part of the people, the hospital demolition work reflect your views on the treatment of problems" to Union Hospital. Comments that reflect the receipt of the report,nike tn pas cher, Union Hospital, "the presence of illegal workers' dormitory in the demolition process," Housing Authority survey site conditions that residents that the "basic truth." "Submission",http://onigdesign.com/error.html, the Housing Authority of the proposed treatment advice is: Union Hospital should immediately stop the demolition of the building work, and rectification; actively cooperate with public security agencies in the investigation and evidence collection; residents while doing work properly resolve the relocation compensation and property damage residents the issue of compensation.
August 12, 2008, which falls from the administrative proceedings gavel. East Court finds that segment cloud Chinese citizens living abroad, her lawyer Wang Liangbin power of attorney has not been proved that Chinese Embassy in Australia, so she sued on behalf of a lawyer does not meet the statutory requirements, be dismissed.
The key value of the house into controversy
Administrative proceedings to no avail, Duan Yun on July 28, 2009, to file a lawsuit in the East Court, the direct object of the proceedings is Concord Hospital.
The indictment said the Concord Hospital "illegal demolition act" to segment cloud caused significant economic losses and mental damage, so ask for compensation for houses worth 157 million yuan, 20,000 yuan house items loss, legal fees 40,000 yuan and a total of 182 million yuan, and requested a written apology, Union Hospital.
The case after nearly two years, nearly 10 times the East Court hearing,http://pcbbbs.net/read.php?tid=468/read.php?tid=468, both sides tried to do the mediation work of the various angles, but did not work.
Union Hospital, said in court many times, hospital and municipal key projects as the construction side, the building demolition in legal compliance. Duan Yun refused to move,louboutin homme pas cher, seriously affected the progress of the city's key projects. March 20,http://www.amy.hi-ho.ne.jp/cgi-bin/user/masuda/pcbbs_sub.cgi?mode=howto, 2008, Union Hospital, the emergency order, before the transfer of property within the housing segment of cloud, which is a result of management rather than no infringement. Duan Yun alleged property damage without basis, Union Hospital, currently only agreed to involved in housing construction area, to 12,000 yuan per square meter price to compensate for the segment cloud.
As for the value of the housing problem, Union Hospital, issued April 26,nike air max 90, 2007 commissioned to assess the agency's assessment report in the trial that involved in housing value 45.8637 million.
Concord Hospital in a letter to the cloud segment, which specifically pointed out that the National Development and Reform Commission approved the relocation compensation price of 10,571 yuan per square meter, the advice, Union Hospital, they finally raised to 15,000 yuan. Lawyer Wang Liangbin asked to see the NDRC approval, then apply. July 2008, the National Development and Reform Commission replies that these documents and materials related to the rights and interests of third parties, and the Ministry of Health and other third parties do not agree to open,nike air max 90 baratas,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=61&page=2", and therefore can not open documents and materials related to this project.
After filing the case, Duan Yun party also submitted an application, the court commissioned Beijing Antai Xiang Land Real Estate Appraisal Co. involved in the housing market price evaluation. November 18, 2010, Antai Xiang valuation report issued by the company that at the time of July 28, 2009 section clouds sued her house worth 1.4637 million yuan. Duan Yun party that approved the valuation report, Union Hospital, had raised 15,000 yuan per square meter price is too low.
Concord sentenced infringement appeal
May 20 this year, East Court verdicts on the case to make. Court based on "Property Law" settle a lawsuit, ruling Union Hospital paid segment loss of 1.4637 million yuan cloud houses, house property losses 1,800 yuan, dismissed the appeal of other segments of the cloud.
Verdict that the Union Hospital, although made under demolition permit, but not a cloud on the resettlement and compensation segment to reach an agreement, and no consent by the cloud segment, the segment within the cloud moved away houses and demolition of property, violation the segment cloud for housing ownership, should bear the corresponding liability.
East Court believes that because segment clouds and Union Hospital did not sign the resettlement compensation agreement, Union Hospital, also did not provide sufficient evidence to prove that the cloud segment has received in April 2007 evaluation report, so the value of compensation segment cloud house reference standards should be prosecuted after issued the assessment report.
Because Duan Yun diaspora, East Court ruling stipulated period of 30 days to appeal. Upon receipt of the courier segment clouds, no appeal request.
June 2, Union Hospital, appealed his conviction on the petition submitted to the City Court, required to be commuted to East Court civil judgment, but to bear the cost of litigation by segment clouds.
Appeal shows that the grounds of appeal, Union Hospital has the following three. First, the fact that the court in the absence of a major investigation, because the Union Hospital emergency clinic building key projects for the city, is a public project, rather than commercial projects, Duan Yun insisted too high relocation compensation affects the progress of the project, undermining the overall demolition order. Second, the demolition of houses had been involved in the assessment, identification of lost objects can carry, and to assess the point July 28, 2009 also does not reflect the value of the time involved in the demolition. As early as April 26, 2007, Union Hospital commissioned assessment agencies involved in housing valuation of 45.8637 million yuan, which is the true value of the cloud housing segment. Third, Union Hospital, no house property segment cloud implementation infringement.
Currently, the Second City Court has accepted the appeal,sac chanel, this court will fix a date.
■ say? France
Demolition behavior is illegal
Demolition, and the levy is imposed on the parties can not agree on compensation for the demolition of the situation more have occurred. Case, did not reach a relocation agreement, the house will be in the cloud segment rainy demolished, Duan Yun believes Union Hospital of acts are "illegal demolition", but it is difficult to agree with the party, Union Hospital, its emphasis is the segment of cloud behavior destroys the city of focus Order overall demolition project. Concord Hospital demolition behavior is illegal? East Court civil judgment was not clear. According to an unnamed scholar analysis, based on modified before demolition ordinance,http://home.beamed.com/search/search.cgi, demolition demolition, must first have a demolition permit, the second is to be signed by the demolition and resettlement compensation agreement, or administrative department issued administrative ruling. Therefore, in the absence of Union Hospital and cloud segments agreement, did not get an administrative ruling on the demolition of the Housing Authority, is clearly defective.
To solve this problem, has promulgated the new demolition regulations, if the parties can not agree, do not be imposed for administrative reconsideration within the statutory time limit or no administrative proceedings, within the period specified in the compensation decision without relocation, making housing decisions imposed by the city and county people's government for the people's court for enforcement.