Ying Ting Information

Wherever there is demolition, there will be compensation disputes. Some demolition parties can handle the compensation issue to everyone's satisfaction, but some demolition parties are in a stalemate with the demolished people because the agreement cannot be negotiated normally. There will also be some forced demolitions. So, if the house is demolished, what should the demolished people do? Which department should I complain to? What complaints are you afraid of during demolition?

What kind of complaint methods are effective?
If the person being demolished encounters forced demolition, he can complain to the local house demolition management department, which will order him to stop the demolition and give him a warning. Communication with the directly managed government department is an effective way to complain. Article 34 of the "Urban Demolition Management Regulations" violates the provisions of these regulations and implements house demolition without obtaining a house demolition permit. The house demolition management department will order him to stop the demolition, give him a warning, and impose a fine of not less than 20 yuan but not more than 50 yuan per square meter of the building area of the demolished house.

103010 Article 45 Whoever violates the provisions of land management laws and regulations and obstructs the state's requisition of land for construction shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if he refuses to hand over the land, he shall apply to the People's Court for compulsory enforcement.
Therefore, if you encounter forced demolition, you can also file a lawsuit with the People's Court.

Beijing Yingtong Law Firm engages in legal affairs such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

Which department should you complain to after illegal demolition?
According to the provisions of the "Land Management Law of the People's Republic of China" and its implementation rules, citizens who encounter illegal forced demolition can file a lawsuit with the People's Court.
"Implementation Regulations of the Land Management Law of the People's Republic of China" Article 83 If, in accordance with the provisions of this law, the construction unit or individual is ordered to dismantle the newly built buildings and other facilities on illegally occupied land within a time limit, the construction unit or individual must immediately stop the construction and dismantle it on their own; if the construction continues, the authority that made the penalty decision has the right to stop it.

If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a time limit, it may file a lawsuit with the People's Court within 15 days from the date of receipt of the decision ordering demolition within a time limit; if it fails to file a lawsuit within the time limit or does not demolish it on its own, the agency that made the penalty decision shall apply to the People's Court for compulsory execution, and the costs shall be borne by the illegal perpetrator.

"Land Management Law of the People's Republic of China"
Article 45 Anyone who violates the provisions of land management laws and regulations and obstructs the requisition of land for national construction shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if he refuses to hand over the land, he may apply to the People's Court for compulsory enforcement of illegal demolition.

The general rights protection methods for illegal demolition are as follows:
1. When faced with the threat of illegal infringement, submit a formal written request for protection to the local public security agency and keep the receipt of service.
2. If you encounter any violation, call the police immediately for help.
3. After being infringed, request to open a case for investigation and hold the infringer criminally responsible
4. Submit administrative reconsideration or administrative litigation to the court regarding administrative inaction in a timely manner.

5. Litigation is not an end, but a means. It can promote the resolution of disputes through litigation and obtain reasonable compensation.
If you encounter unreasonable demolition, it is recommended to consult a professional lawyer first, seek professional help, and protect your legitimate rights and interests through legal procedures.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult an administrative litigation lawyer on this site for one-on-one online consultation.