Ying Ting Information

In practice, the demolished people are often unable to cope with the demolition. The demolished people do not understand the law, so they do not know what the necessary procedures are, how to make reasonable compensation, whether the compensation agreement can be signed, whether the behavior of the demolishing party is illegal, etc. So what should I do if the demolition compensation is unfair? Let's take a look
First of all, you must fully study and understand the law, understand negotiation methods and techniques, and use the legal basis.

According to Paragraph 3 of Article 42 of the Property Law: “Compensation for the demolition of houses and other real estate of units and individuals shall be provided in accordance with the law to safeguard the legitimate rights and interests of the expropriated persons;
If personal residences are expropriated, the living conditions of the expropriated persons should also be guaranteed." Since the implementation of the Property Law, existing legislation has ensured that the living standards of the expropriated persons will not be reduced due to the implementation of house expropriation.

The Beijing Law Firm handles multiple complex dispute cases in the field of administrative litigation and has a profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.

Secondly, remember that the lion’s big mouth may result in nothing;
If you know the bargaining chip with the demolition party, you must compensate the demolition party based on the actual situation, housing market price and other comprehensive factors. Since the demolition party chooses to negotiate with the people being demolished, it means that the demolition party wants to solve the problem, so reasonable compensation is not far away.

Seize the opportunity and don’t make a bid because at this time, your bid is unreasonable and may backfire on the demolition party to pressure them to bid. Article 9 of the Administrative Reconsideration Law stipulates that citizens, legal persons or other organizations that believe that a specific administrative action infringes upon their legitimate rights and interests can apply for administrative review within 60 days from the date of becoming aware of the specific administrative action.

103010 stipulates that administrative litigation should be filed within six months from the date of knowledge. In practice, many ordinary people do not understand the law and have no concept of reconsideration or statute of limitations. They are accustomed to using legal channels as a last resort. Only after media exposure and petitioning to no avail do they think of protecting their rights through legal channels. However, at this time, the statute of limitations has expired, and lawyers have no way to help you.

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.