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律師承辦拆遷法律業(yè)務(wù)操作指引(中英文)(完整版)

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【正文】 according to results of the tender, in accordance with the principle of a simple majority, under normal circumstances the first votes for the demolition of the valuation, the second position for the revaluation of institutions. Demolition shall vote results announcement. A consultation or the drawing of lots determined the valuation, the valuation can be reestablished institutions. 3. Demolition valuation missioned by the demolition of the same, under normal circumstances can only be a valuation missioned by the agency valuation, and they signed a written valuation missioned by the demolition of housing contracts. The signing of house demolition contract valuation missioned by the Law Society should verify the following: the main parties to verify eligibility. whether the mission was established in the housing demolition permit the demolition range. The valuation was missioned by the demolition of housing the nature, purpose, size. Valuation of values and valuation methods. The parties need to provide the information and delivery. valuation report of the delivery date. remuneration and payment methods. breach of contract responsibility. dispute settlement method. require the agreement of other matters.第三節(jié) 拆遷估價過程中律師法律業(yè)務(wù)的工作內(nèi)容1. 拆遷估價過程中律師工作的一般內(nèi)容: 核實估價機構(gòu)及估價人員的資質(zhì)、綜合實力、社會信譽。 委托估價的被拆遷房屋的性質(zhì)、用途、面積??缡∈袕氖路课莶疬w估價的房地產(chǎn)估價機構(gòu),應(yīng)當(dāng)向當(dāng)?shù)夭疬w主管機關(guān)依法備案。2. 房屋拆遷估價時點為房屋拆遷許可證頒發(fā)之日(農(nóng)村房屋拆遷評估為征地公告發(fā)布之日)。12.對特殊問題的應(yīng)急方法。4.核實拆遷人是否已合法取得建設(shè)用地規(guī)劃許可證。 demolition permit for the first phase of resettlement funds bee available the amount of pensation, property rights transfer of housing Value and volume area, and followup financing plan in place in phases。 change the housing and land use。 律師須提示委托人,要在拆遷期限內(nèi)完成拆遷。,前述存款金額不得低于省市政府規(guī)定的補償安置資金總額的比例。 核實拆遷人、拆遷單位的主體資格與資質(zhì),核實拆遷工作人員的上崗證并核實拆遷人與拆遷單位簽訂的拆遷委托合同。2. define the concept of urban housing demolition, is that the law permits, the demolition of urban people of the area of housing on state land owners or users resettlement pensation under the premise be moved out of housing and to dismantle the appendage Legal acts. demolition of housing in rural areas, is permitted by law, the demolition of urban planning were outside all the collective farmers on the land owners or users of housing resettlement pensation under the premise be moved out of housing and appendage to the removal of legal acts .2. define the concept of urban housing demolition, is that the law permits, the demolition of urban people of the area of housing on state land owners or users resettlement pensation under the premise be moved out of housing and to dismantle the appendage Legal acts. demolition of housing in rural areas, is permitted by law, the demolition of urban planning were outside all the collective farmers on the land owners or users of housing resettlement pensation under the premise be moved out of housing and appendage to the removal of legal acts . demolition, is made in accordance with the law permits the demolition of housing units. demolition of flats Qualification made in accordance with the law demolition of housing demolition business. was the demolition, refers to the demolition of houses and use of all people. Housing lessee, is that people with the demolition of a legal relationship between the rental units and individuals. 270 illegal construction is that the law should be removed free of illegal buildings. 3. Demolition of legal services lawyers for the demolition of the basic principles related to social stability and the vast majority of the demolition of the vital interests, legal counsel for the demolition business should follow the following principles: responsible for the principle of loyalty. Legal counsel for the demolition business, should be free from any units and other organizations and individuals in the unlawful interference, safeguard the correct implementation of national laws and the legitimate rights and interests of clients. superb professional principles. Legal counsel for the demolition business, the demolition should have the expertise and operational capacity and the corresponding level to a solid professional knowledge and skills for the client to provide quality legal services. diligence dedicated principle. Legal counsel for the demolition business, should be diligent in learning, thinking hard, fulfill their duties, in accordance with the requirements of clients, in agreement with the client within the period entrusted with the pletion of the legal business. support the principle of reasonable pensation. Legal counsel for the demolition business, the demolition should be supported by the reasonable pensation request, reasonable pensation for its bottom line is this: the demolition of the original living standards of people because of the demolition and lower. 4. Barristers in the demolition business law and requirements of the premise of legal counsel for the demolition business, clients should verify the qualifications and the main body entrusted with the full understanding of the specific situation, with the client39。律師辦理拆遷法律業(yè)務(wù),應(yīng)當(dāng)支持被拆遷人的合理補償要求,其合理補償?shù)牡拙€是:被拆遷人原有居住水平不因拆遷而降低。 違章建筑,是指依法應(yīng)予以無償拆除的違法建筑物。s Republic of China Property Law and People39。s Republic of China Land Management Law and other laws and regulations , Regulations and relevant judicial interpretations of the Supreme People39。3. 律師辦理拆遷法律業(yè)務(wù)的基本原則拆遷關(guān)系到社會穩(wěn)定和廣大被拆遷人的切身利益,律師辦理拆遷法律業(yè)務(wù)應(yīng)遵循如下原則: 忠誠負責(zé)原則。4. 律師辦理拆遷法律業(yè)務(wù)的前提和要求 律師辦理拆遷法律業(yè)務(wù),應(yīng)在核實委托人的主體資格并充分了解受托事項的具體情況后,與委托人制作談話筆錄,分析利弊,告知法律風(fēng)險。s production notes, analysis of the pros and cons to inform the legal risk. lawyers and clients must be signed by the agreement, in a client39。 核實拆遷人是否已合法取得國有土地使用權(quán)或土地征收征用批準文件且是否依法公示。該存款金額與安置用房價值之和不足補償安置資金總額的,建設(shè)單位應(yīng)當(dāng)在拆遷方案中明確資金分期到位的時間。確需延長拆遷期限的,應(yīng)當(dāng)在拆遷期限屆滿日的15日前,向拆遷主管行政機關(guān)提出延期拆遷申請,區(qū)、縣房地局應(yīng)當(dāng)在收到延期拆遷申請之日起10日內(nèi)給予答復(fù)。 establishment of a new rental housing。 implementation Demolition of the way。5.核實拆遷許可證是否載明拆遷人、拆遷范圍和拆遷期限等事項并準確無誤,且委托人在該拆遷范圍內(nèi)。1. Verification of the demolition, the demolition of th
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