Legal information

Introduction to the article: Why is administrative compensation in the Administrative Litigation Law equivalent to civil compensation, but different from administrative compensation (state compensation)?

Part One: Original text of the law

Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Litigation Law of the People's Republic of China stipulates that if the plaintiff claims that the defendant fails to perform in accordance with the law, fails to perform the agreement as agreed, or unilaterally changes or terminates the agreement, and the reasons are established, the people's court may make a ruling based on the plaintiff's claim. The decision confirms that the agreement is valid, decides that the defendant will continue to perform the agreement, and clarifies the specific content of continued performance; if the Yingting demolition team learns that the defendant is unable to continue to perform or that continued performance has no practical significance, the defendant is ordered to take corresponding remedial measures; if losses are caused to the plaintiff, the defendant is ordered to compensate. If the plaintiff requests to terminate the agreement or confirm the invalidity of the agreement, and the reasons are valid, the judgment shall be made to terminate the agreement or confirm the invalidity of the agreement, and the matter shall be dealt with in accordance with the Contract Law and other relevant legal provisions. If the defendant unilaterally changes or terminates the agreement due to public interest needs or other legal reasons, causing losses to the plaintiff, the defendant shall be ordered to compensate.

Part 2: Analysis of legal provisions

Interpretation: In short, how civil contract disputes are adjudicated is basically how administrative contract disputes are adjudicated. Administrative compensation is the same as civil compensation, not administrative compensation.

Part Three: Why do we need state compensation after being forcibly demolished, instead of demolition compensation?

(1) "Demolition compensation" is appropriate compensation for losses caused by legal actions

1. Demolition compensation is a kind of "appropriate compensation" for losses caused by "legal acts". That is, in order to protect the public interests of society, if the legitimate rights and interests of citizens, legal persons or other organizations are damaged due to the legitimate exercise of powers by state agencies and their staff, the state shall bear the obligation to make appropriate compensation. In the "State Compensation Law", there are no provisions on the state's liability for compensation. The content about demolition compensation is only scattered in the "Regulations on the Expropriation and Compensation of Houses on State-owned Land", the Land Management Law, the Administrative Reconsideration Law, the Administrative Litigation Law and many other laws.

2. However, the state's liability for compensation is based on "torts." Since infringement is an illegal act, state compensation also has a punitive effect. Ying Ting believed that in the state's liability for compensation, it was state agency staff who committed the infringement. Since they committed the infringement while performing official duties, the subject of the compensation obligation was the state agency, and the state compensation was paid from the national treasury.

(2) State compensation is only based on the actual losses caused by the infringement.

1. The no-fault principle applies to state compensation liability, with the basic purpose of making up for losses and restoring fairness. Compensation can be made before the loss occurs or after the loss occurs. Demolition compensation can be obtained through administrative review, administrative litigation, negotiation and other channels.

2. The state’s liability for compensation applies to various liability principles such as illegal liability, fault liability and result liability. The purpose of pursuing compensation liability is to restore the status quo of legal behavior. Only when actual losses occur based on infringement can one apply for state compensation.

3. If a legal building is demolished illegally, the person being demolished can apply for state compensation. The demolition party cannot use demolition compensation to replace state compensation. Ying Ting believes that because demolition compensation can only be based on the market price "at the time when the expropriation and demolition decision is announced", state compensation can restore the status quo of legal behavior, and compensation is based on the principle that it is conducive to the demolished people to receive full compensation.

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.