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律師承辦拆遷法律業(yè)務(wù)操作指導(dǎo)-展示頁

2025-08-08 01:17本頁面
  

【正文】 ban 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。s lawful authority, the authority entrusted to perform their duties in accordance with the law, without prejudice to the legitimate rights and interests of clients. legal counsel for the demolition business, should be conducive to social stability as their own social responsibility, to uphold the demolition of the legitimate rights and interests, and promote conflict resolution and building a harmonious society as a legal business for the demolition work requirements. for the demolition of lawyers in legal business should be aware of the conservative state secrets, mercial secrets and client privacy. 5. Guidelines on the operation of the business scope of the operation guidelines applicable to counsel and demolitionrelated litigation and nonlitigation legal services. Mainly applicable to lawyers in providing legal advice demolition, entrusted with the investigation, drafting and revising the demolition plans and programmes, the drafting and amending various legal instruments, issued by the special legal submissions, training management and implementation of the demolition, the Government Agent, demolition, the demolition unit , Demolition, housing tenant, living housing, housing demolition of the use of people involved in assessment activities, to participate in hearings and negotiations, the decision to participate in activities, to participate in mandatory demolition activities, to participate in the review activities, to participate in arbitration Activities, to participate in activities such as litigation legal services. Involve military facilities, churches, temples and cultural relics in China and foreign countries (from) the demolition of the Museum of legal services are not applicable to operating guidelines.第二章 房屋拆遷前期準(zhǔn)備中的律師實務(wù)第一節(jié) 一般規(guī)定本章所稱前期準(zhǔn)備階段是指截至房屋拆遷許可證公告之日前的階段。其中在城市拆遷許可的形式為《房屋拆遷許可證》,農(nóng)村為拆遷許可證或征收批準(zhǔn)文件。 拆遷期限,是指拆遷許可證設(shè)立的實施拆遷活動的期限。 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。 核實拆遷人是否已合法取得建設(shè)項目批準(zhǔn)文件且是否依法公示。 調(diào)查被拆遷人的基本情況(拆遷的四至范圍、房屋類型、面積、戶數(shù)、人口、老弱病殘?zhí)厥鈱ο蟮龋?參與制定拆遷方案的聽證會,發(fā)表律師意見。,前述存款金額不得低于省市政府規(guī)定的補(bǔ)償安置資金總額的比例。 核實用于產(chǎn)權(quán)調(diào)換房源的產(chǎn)權(quán)是否清晰、無權(quán)利負(fù)擔(dān)。2.律師代理拆遷人、拆遷單位在城市房屋拆遷前期準(zhǔn)備階段應(yīng)當(dāng)謹(jǐn)慎注意的問題: 律師應(yīng)提示委托人,拆遷主管行政機(jī)關(guān)不得作為拆遷人,也不得接受委托實施拆遷。 律師應(yīng)提示委托人,須按照房屋拆遷許可證確定的拆遷范圍實施拆遷,不得擅自擴(kuò)大或者縮小。 律師須提示委托人,要在拆遷期限內(nèi)完成拆遷。 律師應(yīng)提示委托人建設(shè)項目若在拆遷期限內(nèi)發(fā)生轉(zhuǎn)讓,應(yīng)當(dāng)經(jīng)拆遷主管行政機(jī)關(guān)同意后,辦理房屋拆遷許可證變更手續(xù);拆遷主管行政機(jī)關(guān)應(yīng)當(dāng)將變更后的房屋拆遷許可證的相關(guān)內(nèi)容予以公告。 律師應(yīng)提示委托人,拆遷補(bǔ)償安置方案要符合黨的方針政策和國家法律規(guī)定的及本地的實際情況。1. Counsel demolition, demolition of housing units in the preparatory phase of the demolition work: to verify the nature of the demolition of the land lots to determine the application of urban and rural housing demolition process. verify the demolition, the demolition of the main unit and aptitude for, the demolition work to verify the appointment card and verify the demolition and the demolition of units signed by the demolition contract. verify whether the demolition had been lawfully obtained the right to use stateowned land or on land requisition documents of ratification in accordance with the l
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