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《国有土地上房屋征收与补偿条例》实施后,不少市、县对集体土地被征收后的拆迁工作感到有点难以适从。以往,集体土地上的拆迁也是按照城市规划区内的国有土地拆迁做法,由建设部门发放拆迁许可证。但现在,建设部门已经不再发放折迁许可证,那对于集体土地上的房屋在该土地被征收后如何“拆迁”就产生了争议。一方面是与被征地农民协商拟“拆迁”房屋补偿时,被征地农民一般都会要求出示拆迁许可证,另一方面建设房管部门又不再核发拆迁许可证;此外,即使按照《土地管理法》和《行政强制法》实施强制交地的,也不好在强制交地通知书中要求“腾出房屋”。
After the implementation of the Regulations on the Collection and Compensation of Houses on State-owned Land, many cities and counties feel it is a little difficult to comply with the demolition work after the expropriation of collective land. In the past, the demolition on collective land was also based on urban planning area of state-owned land demolition practices, the demolition permit issued by the construction department. But now, the construction department no longer issues permits for the relocation, which is controversial over how the houses on the collective land are “demolished” after the land is expropriated. On the one hand, when it is negotiated with the requisitioned peasants that the compensation for houses will be “demolished”, the expropriated peasants will generally request to show the demolition permit; on the other hand, the building management department will no longer issue the demolition permit; in addition, Law “and” Enforcement Law, “the implementation of mandatory land, it is not good to force the land required to notice” freeing up housing. "