Legal analysis: For factory relocation money and decoration compensation, it is generally distributed according to the principle of "who decorates, who will be compensated". If it is difficult to determine that it is carried out in accordance with the contract; for quick relocation and quick relocation incentives, the cost
It is the compensation fee paid by the relocation unit for the timely evacuation and return of the relocated site to the compensated person, rather than the compensation for the actual operating user. Therefore, the actual operating user is not entitled to the money.
Compensation for suspension of production and business is compensation for the actual losses incurred by the actual operator when the lease period has not expired but he has to move out early to find another business location.
Even if the lease agreement stipulates that no compensation will be provided for this part, the compensation for suspension of production and business operations is actually used to make up for the operating losses during the window period caused by the movable property. Based on the nature of the compensation and the principle of fairness, this compensation should belong to the actual operating user.
Legal basis: Article 47 of the "Land Management Law of the People's Republic of China" Where land is expropriated, compensation shall be provided according to the original purpose of the expropriated land.
Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies, and compensation fees for ground attachments and young crops.
The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land.
The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled.
The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition.
The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated.
However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years before expropriation.
The standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land.
The compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.
When expropriating vegetable plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant national regulations.
If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated.
Based on the level of social and economic development, the State Council may, under special circumstances, increase the standards of land compensation fees and resettlement subsidies for cultivated land acquisition.