Demolition refers to the legal act that the unit that has obtained the demolition permit demolishes the houses and their appendages within the scope of construction land according to the requirements of urban construction planning and the land use documents approved by the government, resettles the units and residents within the scope, and compensates their losses. The development of a city is a process of continuous reconstruction. With the smooth implementation of China's economic system reform and the gradual establishment of a socialist market economy, productivity has developed unprecedentedly. For the overall planning of the city, and sometimes for the needs of national special projects, it is necessary to demolish the original buildings in order to achieve overall unity or rational use of increasingly tense state-owned land resources.

The agreement on compensation and resettlement for house demolition must include the unit, name and agent name of the demolition party, and the agreement must be signed and sealed by both parties before it has legal effect. Demolition of non rental housing, signed by the demolition and demolition agreement; Demolition of rental housing, the demolition should be taken and the lessee signed an agreement. The main contents of the agreement are:

(1) compensation method, monetary compensation amount and payment term for demolition;

(two) the area, standard and location of resettlement houses;

(three) the payment method and time limit for the price difference of the property right exchange house;

(four) relocation period, relocation transition mode and transition period;

(five) payment standards and payment methods for relocation subsidies, temporary resettlement subsidies or losses caused by suspension of production and business;

(6) Liability for breach of contract and dispute settlement methods;

(seven) other terms agreed by the parties.

legal ground

regulations on the expropriation and compensation of houses on state owned land

Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the people's governments at the municipal and county levels shall make a decision on the expropriation of houses:

(a) the needs of national defense and diplomacy;

(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;

(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;

(four) the needs of the construction of affordable housing projects organized and implemented by the government;

(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;

(six) the needs of other public interests as prescribed by laws and administrative regulations.