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'clock yesterday morning, Yuexiu District Court for the first time hearing the case. Involving 18 villagers,[link widoczny dla zalogowanych], Yang Ji Village homestead disputes will be heard in batches. Yesterday morning, there are three villagers court. Live about 20 villagers to participate as observers, most of them "nail house." Jingjilianshe's attorney requested three defendants "move out and empty houses, by Jingjilianshe for demolition and renovation." This claim was refuted in court the defendants,[link widoczny dla zalogowanych], the defendants attorney under the "Property Law" that the housing for the villagers lawful property should be protected, Jingjilianshe not entitled to recover. Also pointed out that Yang Ji Village demolition compensation and resettlement programs introduced, both from the program is still not legal entities, but not to require the villagers to accept the agreement is not signed. Yangqi current situation with water and electricity but unstable Yesterday afternoon, the reporter visited Yangqi demolition site, surrounded by the rubble, the remaining more than 20 houses made it very quiet. From inside Yangqi the road leading to the village have been brick, steel plug, still living in the village "nail households" go home, or even to turn the "hill." According to still live in the village of Chen Yi said that at present the village although there are water supply, but are not very stable. Construction teams often start around 6,[link widoczny dla zalogowanych],7 morning to evening downtime, and sometimes to hook machine often hook wires, the construction team was also looking for the villagers negotiate whether daylight demolished first wire, connect the stoppage. The focus of a trial, the right to withdraw Jingjilianshe whether the land use rights Plaintiff pointed out that from 1986 for restructuring, the original village was established Jingjilianshe revoked, the villagers changed residents to share rights. The functions of the original village by the Jingjilianshe fully exercised, is therefore entitled to recover the land use rights. Meanwhile, the general meeting of shareholders through resettlement compensation plan and approved by the Government. At present,[link widoczny dla zalogowanych], 1,387 villagers signed, 98% agreed that the relocation of villagers compensation scheme. Two defense lawyers pointed out that the village owns the house legitimate property rights. Under the "Property Law" Article 66 provides that "the lawful private property is protected by law," Article 152 "land use right person lawfully entitled to possess collectively owned land and use rights." In the absence of property rights against the respondent has a legitimate homestead houses for compensation and resettlement under the premise of no right to ask its direct request to demolish and rebuild houses. 2, the shops of the compensation according to what standard Villagers Li Nian column housing,[link widoczny dla zalogowanych], since 1988 has been used as shops, stalls only a monthly rent of 3,500 yuan to require compensation in accordance with commercial standards. Jingjilianshe's attorney that the nature of housing based on registration rather than actual use shall prevail. Plaintiffs' lawyers believe that the current in accordance with the "demolition of a fill a" plus monetary compensation. One square meter building area comprising an area of one square meter compensation,[link widoczny dla zalogowanych], as well as temporary relocation compensation fee 30-45 yuan / square meter. This compensation compared to standard Liede, forests and is already the highest compensation than the government requires a higher standard. 3, the introduction of the demolition program,[link widoczny dla zalogowanych], the program is legitimate The defendant's lawyer pointed out that the lamp Yang Yao,[link widoczny dla zalogowanych], April 16, 2010 shareholders' meeting Yang Ji Village community congress by the shareholder representatives on the village of village reconstruction program Yangqi vote. According to "Guangdong rural collective economic organization and management regulations" Article 9 shall convene a general meeting or the general meeting rather than members of congress to vote. Plaintiff,[link widoczny dla zalogowanych], according to the Tianhe District People's Government of Henan days Subdistrict Office "prove" and "rural cooperative economic organizations share the basic requirements,[link widoczny dla zalogowanych]," prove that the plaintiff's shareholder representatives are elected by the legal process, the right to decide major policy decisions Yangqi collective programs, while legal organization representing the shareholders to consider and adopt compensation and resettlement program.
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