Legal information

Introduction to the article: As a demolished person, you are most concerned about the amount of compensation. Do you know these 7 tricks in land acquisition and demolition?

1. Blank agreement, oral agreement

(1) Blank agreements are expressly prohibited by national laws and regulations, but in practice, the demolition party sometimes makes attractive verbal promises to induce the demolished people to sign blank agreements, and the demolished people believe it and sign their names. After the demolition party took away the agreement, they filled in content that was completely different from the verbal promise, and the amount of compensation was also greatly reduced. Only then did the demolished people suddenly realize.

(2) Oral orders and written announcements have different effects, and the written form is more effective. After the land acquisition announcement and decision are issued, government departments or government functional agencies may notify enterprises to suspend production and operations in two ways. Or you can directly issue a written announcement requiring you to suspend production and business within a time limit; or you can verbally notify the company to suspend production and business. Ying Ting suggested that we should distinguish between oral notification and written notification, because the two forms have different effects. A formal written notification is much more powerful as evidence. Use audio and video recording to record the demolition party's commitment as evidence for later rights protection.

2. Interest deception, verbal threats, and pressure to persuade or force people to sign.

When the demolition party mobilizes for demolition in the early stage, what they are best at is to trick the people being demolished into cooperating with the demolition as soon as possible. At this time, the person being demolished must stay calm, because if he signs the agreement, it means that it has become legally effective. Even if you find that the compensation given is too little, you will not be able to regret it in the future.

3. There is no provision for liability for breach of contract in the agreement

Under normal circumstances, the compensation conditions promised by the demolition party can basically be achieved. Especially the specific terms clearly stated in the compensation agreement. But be afraid of anything unexpected. If there is no relevant stipulation on liability for breach of contract in the format clause agreement provided by the demolition party, the demolished person must not sign it. It is best for the people being demolished to ask legal professionals to review the content of the agreement to see if there are any clauses that are unfavorable to us or important content that has been omitted. Depending on the actual situation, you may consider formulating additional compensation agreement contents to protect the legitimate rights and interests of the enterprise to the greatest extent.

4. The original resettlement compensation agreement will not be provided to the demolished persons.

The demolition compensation agreement is a kind of contract, which is the result of the consensus of both parties. For the sake of fairness and justice, each party must hold the original copy of the agreement. If the demolition party takes away all the originals for various reasons, the people being demolished will face great risks. For example, the demolition party arbitrarily modifies the content of the agreement and reduces the amount of compensation.

5. The person signing the agreement is illegal

In order to protect the legitimate rights and interests of business owners, when signing a demolition agreement, the other party must be the demolisher and have legal subject qualifications. Otherwise, the contract will be signed with the risk of being unable to perform the agreement because the subject is unclear and the subject lacks the ability to bear legal responsibilities. For example, institutions such as the demolition headquarters, demolition office, and demolition work leading group do not have the qualifications of legal persons! They are all temporarily established demolition organizations. Once the demolition is completed, they will be disbanded, not to mention that they will not fulfill the agreement in the future. Regarding this point, there are clear provisions in the Regulations on the Expropriation and Compensation of Houses on State-owned Land and the Implementation Regulations of the Land Management Law.

6. No evaluation results, no formal negotiations, and delay.

When some companies face demolition, staff from relevant departments never formally sit down to negotiate, nor do they say how much compensation they will receive. No evaluation report has been made. But as time goes by, the day when the company will be demolished is approaching. In this case, the business owner can obtain the compensation he deserves by sending a letter and negotiating with the evaluators and relevant department staff from both parties. Fair and professional evaluation results, as well as formal negotiations, are very effective in increasing the amount of compensation!

7. Shut down first and then dismantle, give little or no compensation for suspension of production and business operations

In practice, we found that some departments find various reasons to shut down enterprises that are included in the scope of land acquisition and demolition, and then implement expropriation and demolition in the future. The main purpose of this is that because the enterprise has been shut down, if it is demolished in the future, part of the compensation for the loss of production and business suspension can be reduced. For companies with good operating results, the small amount of compensation for losses caused by suspension of production and business operations is a considerable amount.

8. The compensation conditions were not negotiated and the case was delayed until the statute of limitations for winning the lawsuit expired.

(1) On February 8, 2018, the "Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China" was officially implemented, declaring that the two previous judicial interpretations that had been in effect for many years were invalid. The prosecution period for forced demolition cases has been shortened to 6 to 12 months, so don’t miss the statute of limitations for rights protection. According to Article 64 of the New Interpretation on Litigation, if an administrative agency fails to inform citizens, legal persons or other organizations of the time limit for prosecution when taking administrative actions, the time limit for prosecution shall be calculated from the date when the citizen, legal person or other organization knows or should know the time limit for prosecution, but the maximum period from the date when the citizen, legal person or other organization knows or should know the content of the administrative act shall not exceed one year.

(2) Generally speaking, after a forced demolition occurs, if you want to sue the government for illegal demolition, you need to file a lawsuit within 6 months. However, in forced demolition cases, sometimes the demolition party does not provide written notice before carrying out the forced demolition, or the document issued does not remind the parties of their right to litigate. In this case, the parties can file a lawsuit within 1 year. The Yingting Demolition Team learned that in forced demolition cases, the parties involved are often unwilling to sue immediately. Instead, they choose to report, find leaders, etc. to try to solve the problem. This delays for a long time and the problem is not easy to solve. When they really make up their mind to sue, they miss the deadline for filing a lawsuit and lose the opportunity to defend their rights.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.