Legal information

Introduction to the article: Today we will talk about the opinions of the judges of the Supreme Court on 10 hot issues of land acquisition and demolition, including the issue of simultaneity of expropriation and compensation, the issue of unreasonable delay in resettlement and compensation, the form of expropriation decision, the issue of house value assessment and objection procedures, the issue of compensation for land use rights, the issue of the option of property rights exchange and monetary compensation, the issue of protection of the legitimate rights and interests of lessees, the issue of the subject and responsibility of forced relocation, the issue of the legality of forced relocation and the basis for adjudication, and the issue of cooperation obligations and obedience of expropriated persons.

1. The issue of simultaneity of expropriation and compensation

“If there is expropriation, there must be compensation; if there is no compensation, there is no expropriation.” This is the basic requirement of the rule of law. "Expropriation" and "compensation" are closely related and should not be separated. Paragraphs 1 and 2 of Article 13 of my country's Constitution respectively stipulate: "Citizens' lawful private property is inviolable" and "the state protects citizens' private property rights and inheritance rights in accordance with legal provisions." Paragraph 3 of this article stipulates that "for the needs of the public interest, the state may expropriate or expropriate citizens' private property in accordance with legal provisions and provide compensation." These provisions show that the legal private property rights in the Constitution itself have the characteristics of opposing public power, and the state has general duties to citizens, that is, it must not infringe on citizens' freedoms and rights, and the state also has the obligation to protect private property rights from infringement (through legislation, law enforcement, or judicial means). It can be seen from the above provisions that our country's constitution insists on and clarifies the simultaneity of "expropriation" and "compensation", adheres to the principle of "expropriation must be compensated", and prohibits expropriation without compensation or low compensation.

2. The problem of unreasonable delay in resettlement compensation

1. When discussing the relationship between expropriation and compensation, it is necessary to discuss the relationship between the time of expropriation, assessment and compensation. From a certain perspective, the state's expropriation of citizens' private houses is essentially the state's "forced purchase" of the expropriated houses, and compensation is the consideration for the government's forced acquisition of private real estate. Article 19 of the "Regulations on Expropriation and Subsidy" and Article 10 of the "Measures for the Expropriation and Assessment of Houses on State-owned Land" (hereinafter referred to as the "Assessment Methods") both stipulate that the time point for assessing the value of the expropriated houses is the date when the decision to expropriate the houses is announced. For the vast majority of expropriated persons, using the market assessment price on the date of announcement of the expropriation decision as the compensation benchmark can reflect the principle of fair and reasonable compensation.

2. However, in practice, the time interval between a few expropriation decisions and compensation decisions is too long, and some assessment time points and compensation time points are even several years apart, so how to compensate has become the main issue in the case disputes. In some cases, after protracted reconsideration and litigation, the compensation issue has not been effectively resolved.

3. Therefore, different arrangements should be made accordingly for delay compensation issues caused by different reasons. Specifically, the following methods may be considered:

(1) Although compensation can be delayed appropriately, it must still be within a reasonable period. The judgment of the "reasonable period" must be based on factors such as the scope of the construction project and whether the expropriated houses are still in normal and actual use by the expropriated people. If there are no other legitimate reasons, the reasonable period can be referred to Article 26 of the "Real Estate Mortgage Valuation Guidance", which stipulates that "the validity period of the valuation report shall not exceed one year from the date of issuance of the valuation report", that is, the city and county-level governments should generally resolve the compensation issue within 1 year from the date of the expropriation announcement; if the house expropriation decision is not announced in accordance with the law, it can be calculated from the date the expropriation decision is delivered to the person being expropriated.

(2) The way to solve the compensation issue can be to sign a compensation agreement or to make a compensation decision. If the expropriated person voluntarily accepts the compensation plan and compensation content, the compensation issue will be resolved by signing an expropriation compensation agreement; if an agreement on compensation cannot be reached, the city and county-level governments should generally make an expropriation compensation decision within one year, determine the compensation content and compensation amount in writing, and send it to the expropriated person.

(3) The compensation content determined in the compensation decision should be clear and specific, be delivered in accordance with the law, and can be realized immediately; if the expropriated person is still dissatisfied after receiving the compensation, he can still claim his rights in accordance with the law through administrative litigation and other means.

(4) For compensation decisions made by municipal and county-level governments within a reasonable period, the people's courts generally should not use the judgment time as the benchmark time for compensation. When the people's court revokes a compensation decision, it may also partially revoke the judgment, maintain the legal compensation content, and order the city and county governments to pay or deposit the legal compensation content to avoid new losses due to rising real estate prices after the parties win the case.

(5) If the city or county-level government fails to provide compensation beyond a reasonable time limit without justifiable reasons, and it cannot be proven that the expropriated party agrees to postpone the negotiation for compensation, the people's court may use the time when the compensation decision is actually made or the time when both parties negotiate as the time of assessment. If the city or county-level government seriously violates the law, maliciously violates the law and forces relocation without making an expropriation decision or a compensation decision, and refuses to resolve the compensation issue for a long time, causing significant damage to the legitimate rights and interests of the expropriated person, it may even consider the time of the first instance trial as the time point for evaluation. In such cases, when it is necessary to adjust the original assessment content, the gap between the "preparatory realization date of the assessment purpose" and the "actual realization date of the assessment purpose" must be comprehensively considered: that is, the original assessment agency can issue a supplementary report to explain the price increase or decrease during the period, and make corresponding adjustments; the original assessment agency can also issue adjustment instructions for the review adjustment; in special circumstances, the assessment should be re-assessed.

3. Issues regarding the form of expropriation decisions

1. Should city and county-level governments make expropriation decisions for all expropriated persons on the expropriated plots, or should they be made individually for each household? The "Regulations on Expropriation and Subsidy" do not clearly stipulate, nor do they clearly stipulate the specific style of expropriation decisions. Judging from the logic of the provisions of the "Regulations on Expropriation and Compensation", all houses on the land will be expropriated as a whole, rather than each household separately: that is, the city and county-level governments will only make a single expropriation decision to expropriate all the houses within the expropriated area; only when the compensation decision is made, it will be made and delivered to each household one by one. Article 12 of the "Regulations on Requisition and Subsidy" and other regulations and common practices also confirm this mode of operation. According to Article 14 of the "Regulations on Expropriation and Compensation", those who are expropriated are dissatisfied with the expropriation decision and have the right to initiate reconsideration and litigation accordingly. This also follows the customary practice of rural collective land expropriation.

2. When the expropriated person applies for reconsideration and files a lawsuit, it will inevitably bring about the problem of determining the objects of reconsideration and judicial review: even if only a few expropriated persons are dissatisfied with the expropriation decision, the reconsideration agency and the people's court must review whether the overall expropriation decision is illegal and need to evaluate the legality of all the houses involved in the overall expropriation decision. After an individual expropriated person applies for reconsideration and files a lawsuit, for the claims of other expropriated persons, it may also be necessary to refer to the relevant rights holder registration and announcement procedures in the Civil Procedure Law and require other persons to participate as a group lawsuit. Issues involving the qualifications of the plaintiff in the entire expropriation decision, the scope of judicial review, the qualifications of other expropriated rights holders as subjects of litigation, and the scope of res judicata in effective judgments.

4. House Value Assessment and Objection Procedure Issues

1. According to Articles 19 and 20 of the "Regulations on Expropriation and Subsidy", the value of the expropriated houses shall be assessed and determined by a real estate price assessment agency with corresponding qualifications in accordance with the house expropriation assessment method. The real estate price assessment agency shall be selected by the expropriated person through negotiation; if the negotiation fails, it shall be determined by majority decision, random selection, etc. The specific measures shall be formulated by the province, autonomous region, and municipality directly under the Central Government. In practice, most places have formulated corresponding implementation details. In order to avoid being influenced by local governments, real estate price assessment agencies should carry out house expropriation assessments independently, objectively and impartially, and use a variety of comprehensive methods for assessment, rather than just selecting the lower-price method for assessment.

2. The assessment should be carried out in accordance with the spirit of the "Urban Land Valuation Regulations" and other regulations. On the basis of on-site investigation, a professional real estate price assessment agency shall comprehensively select the market method, income method, cost method, hypothetical development method and other evaluation methods to evaluate the value of the expropriated real estate based on the location and use of the expropriated real estate and other factors that affect the value of the expropriated real estate and the local real estate market conditions. The evaluation results shall be reasonably determined and compensation shall be made on this basis. According to Articles 20, 21, and 22 of the "Expropriation and Assessment Measures", if the person whose house is expropriated has any objection to the house value assessment result entrusted by the real estate price assessment agency, he shall apply in writing to the real estate price assessment agency for a review of the assessment; if he has any objection to the review and assessment result, he shall apply for appraisal to the Expert Committee on Assessment of the Location of the Expropriated House. According to Articles 23 and 24 of the "Expropriation and Assessment Measures", the Assessment Expert Committee is composed of real estate appraisers and experts in price, real estate, land, urban planning, law, etc. The Assessment Expert Committee should select members to form an expert group to appraise the review results.

3. The expert group of the Appraisal Expert Committee is the highest professional and technical authority of the housing appraisal agency in the location where the expropriated house is located. Its appraisal opinion is deemed to be the completion of the relief procedure within the professional field of the expropriated house. Since the house appraisal opinion is the most important component of the compensation decision, the failure of the expropriated person to seek relief within the professional field of the real estate price appraisal agency does not prevent him from directly applying for administrative review or filing an administrative lawsuit against the compensation decision in accordance with the provisions of Article 26, paragraph 3, of the "Regulations on Expropriation and Compensation." Moreover, review by the real estate price appraisal agency and appraisal by the appraisal expert committee are not prerequisite procedures for the expropriated person to file an administrative review or administrative lawsuit. Although it is usually not appropriate for courts to deny evaluation reports produced by qualified professional evaluation agencies in accordance with the law, the finality of judicial review determines that the People's Court still has to review the qualifications and evaluation procedures of the evaluation agency to ensure that the evaluation report is legal, authentic, and effective, and to protect the legitimate expropriation and compensation interests of the expropriated person.

5. Compensation issues for land use rights

1. Municipal and county-level governments generally expropriate houses in order to use land more efficiently; the principle of “consistency of houses and land” determines that the assessment of house value must include the value of land use rights. In this regard, the "Regulations on Expropriation and Subsidy", "Assessment Methods" and "Urban Land Valuation Regulations" all have corresponding provisions. As Articles 11 and 14 of the "Assessment Methods" stipulate: The value of the expropriated house and the land use rights within the occupied area refer to the amount of the expropriated house and the land use rights within the occupied area that are voluntarily traded at the time of assessment in a fair transaction between two parties who are familiar with the situation. The evaluation of the value of expropriated houses shall take into account the location, use, building structure, condition, construction area and floor area of ​​the expropriated houses, land use rights and other factors that affect the value of the expropriated houses.

2. The assessment of house value must include land use rights. If the compensation content for house owners already includes compensation for state-owned land use rights, the land use rights holders of the state-owned land recovered at the same time will no longer be separately compensated. When houses are expropriated, the land occupied should also be recovered.

3. These issues are incidental to expropriation and compensation. Relevant administrative agencies should strengthen communication and try to avoid unnecessary disputes. Local governments can also try out systems such as land pre-transfer and pre-registration to avoid conflicts among rights holders. In practice, there are also certain differences in the identification and compensation of illegal construction issues. In principle, illegal construction should not be compensated or compensated, but it should still be judged on a case-by-case basis: to determine whether a house without an ownership certificate constitutes illegal construction, factors such as the historical and current use of the land, whether it complies with the land use plan, and relevant land use policies should be comprehensively considered. During the compensation process, local compensation policies for similar houses and other factors can be comprehensively considered to provide appropriate compensation.

6. Options for property rights exchange and monetary compensation

1. Article 21 of the "Requisition and Compensation Regulations" follows the provisions of Article 23 of the "Demolition Regulations" and reiterates that "the expropriated person can choose monetary compensation or the exchange of house property rights." In practice, there are mainly the following difficult issues.

(1) Adverse consequences of violating the right to choose. In practice, some city and county-level governments only specify one compensation method in their compensation decisions. This approach not only infringes upon the expropriated person's right to choose, but may also cause the land user to pay higher compensation costs. Especially after the housing price rises significantly, the expropriating unit may be faced with the situation of purchasing houses at a higher price to provide the expropriated person with a choice.

The judgment of the Chen Shanhe case pointed out: "No one shall benefit from his own wrongful behavior. If the demolishers and relevant administrative agencies illegally carry out demolitions, resulting in the demolished people not receiving compensation and resettlement in accordance with the law for a long time, when house prices rise, the demolishers and relevant administrative agencies have the obligation to ensure that the demolished people Receive fair and reasonable compensation and resettlement. When the demolished person chooses to exchange the property rights of the house, if the demolisher and the relevant administrative agency do not have a suitable house to exchange the property rights, the demolished person shall be paid compensation based on the real estate market appraisal price of similar houses when the effective judgment is made. "

(2) How to correctly give the expropriated person the right to choose. The "Demolition Regulations" and the "Expropriation and Compensation Regulations" do not stipulate how the compensation decision should express the option of the expropriated person, and the practical practice is very confusing: some only generally inform the option in the expropriation and compensation plan but the specific content and method of selection are unclear; some limit the expropriated person to exercise the option within a certain period, and if it is not exercised within the time limit, the expropriating unit will make a decision; some set a reasonable period before making a compensation decision. Within a certain period of time, the expropriated people are informed that they have the right to choose, and the specific amount of monetary compensation and the specific identifiable information of the property rights exchange house are clearly informed. If they do not choose within a certain period, the compensation decision only states one compensation method; some also specify two compensation methods in the compensation decision, and at the same time specify the monetary compensation amount and the specific location and area of the property rights exchange house for the expropriated person to choose. The standards of judicial decisions are also not uniform. The Yingting Demolition Group believes that the rights of the expropriated people to choose property rights exchange and monetary compensation must be respected; no matter what form it takes, whether written or oral notification, it must be based on the fact that the expropriated people can truly make comparisons and make rational choices.

7. Issues concerning the protection of the legitimate rights and interests of the lessee

1. The "Regulations on Levy and Compensation" do not specifically provide for lessee compensation. In practice, to protect the rights and interests of lessees under market-based leasing, after the expropriated person obtains compensation, he, as the owner of the house, can resolve the issue of compensation distribution through negotiation or civil litigation. Although the "Regulations on Requisition and Compensation" do not clearly stipulate the tenant's right to resettlement and compensation, it does not exclude the protection of the tenant's rights and interests. If the lessee decorates the expropriated house or uses the expropriated house to engage in production and business activities, the city and county-level governments should list the corresponding decoration expenses, the lessee's corresponding relocation expenses, temporary resettlement compensation, and compensation for losses caused by suspension of production and business when determining the amount of compensation for the value of the expropriated house.

2. If the city and county-level governments, house owners, and lessees cannot reach an agreement on the distribution of relevant compensation funds, in addition to the compensation for the value of the house itself that can be paid directly to the house owner, compensation for decoration, relocation expenses, temporary resettlement compensation, and compensation for losses due to suspension of production and business operations that are closely related to the lessee may be considered to be deposited in advance, and the owner and lessee may be guided to resolve the issue of compensation distribution through negotiation or civil litigation. It is also reasonable for some places to directly compensate decoration compensation, relocation costs, temporary resettlement compensation and compensation for losses due to production and business suspension to the lessee based on the specific circumstances of the expropriated person and the lessee.

8. Subjects and responsibilities of forced relocation

1. Article 27 of the "Regulations on Expropriation and Compensation" stipulates that when implementing house expropriation, compensation should be paid first and then relocated. In practice, most expropriated persons move out voluntarily, and only a very small proportion require forced relocation. However, because forced relocation involves property rights and even personal freedom rights and is irreversible, legal provisions and due procedures should be strictly followed.

(1) The compensation issue has been resolved, that is, a decision on expropriation and compensation has been made. The compensation content specified in the expropriation compensation decision can be realized, or has been actually paid to the expropriated person; if the expropriated person refuses to accept it, the relevant withdrawal and deposit procedures have been notified and performed in accordance with the law, and the compensation content can be realized at any time.

(2) The compensation decision has been reviewed by the People's Court and ruled to be implemented by the administrative agency. According to Article 28 of the Regulations on Expropriation and Compensation and the Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Cases Applying to the People's Court for Compulsory Execution of Housing Expropriation and Compensation Decisions on State-Owned Land (hereinafter referred to as the "Enforcement Regulations"), if the expropriated person does not apply for administrative review or file an administrative lawsuit within the statutory period, and does not relocate within the period specified in the compensation decision, the city or county-level government that made the housing expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law.

(3) After the people's court rules to allow compulsory execution, the expropriated person should take the initiative to vacate and hand over the house and consciously perform its obligations. If the expropriated person refuses to relocate, the city and county-level governments may take forced relocation in accordance with the law to ensure the realization of public interests. According to the "Regulations on Requisition and Subsidy", "Enforcement Regulations" and other regulations, forced relocation should adhere to the principle of "separation of enforcement and enforcement", with government organization and implementation as the general principle, and court enforcement as an exception.

(4) Forced relocation must strictly comply with legal procedures. Since forced relocation is mandatory and generally involves the personal and property rights of the expropriated person and his family members, legal procedures must be followed, and complete records of registration, transportation, preservation and handover of items in the house must be established. If the expropriated person does not cooperate with the relocation, the entire relocation process shall be fixed in a notarized manner.

According to the "Detailed Rules for the Preservation and Notarization of House Demolition Evidence", when the house demolition evidence is preserved and notarized, the notary office shall take preservation measures such as surveying, taking photos or videos of the current situation of the house and its attachments in accordance with the law to ensure its authenticity and probative power. When carrying out evidence preservation of compulsorily demolished houses, the notary office shall notify the demolished persons to be present. If he refuses to appear, the notary shall note this in the record. If there are items in the house that is subject to compulsory demolition, the notary shall organize the checking, counting, registration, and classification of all items one by one; record the time and location of the above activities, and submit them to two persons present with full capacity for verification. After verification, the notary and the persons present shall sign on the relevant records. If the person being demolished refuses to sign, the notary shall state it in the record; after the items are counted and registered, any items that cannot be handed over to the demolished person immediately If the relocation is received by the relocation party, the notary shall supervise the demolition implementation personnel to store the items in the warehouse provided by them and tag the items. If the items are lost or damaged during storage, the warehouse custodian shall bear the liability for compensation; after the forced relocation is completed, the implementer shall also make a notice to notify the demolished person to collect the items within a certain period. If the items are not collected within a certain period, the notary office may accept the deposit application of the implementing unit and handle the withdrawal.

(5) Illegal forced relocation must bear corresponding legal liability. Since forced relocation (forced demolition) is usually made based on a compensation decision, and the compensation decision has theoretically solved the problem of compensation for houses, etc., even if it is an illegal forced relocation, it usually only involves the issue of compensation for the loss of items in the house, and does not involve the issue of compensation or compensation for the house. Other property losses caused to the demolished persons due to illegal forced demolition shall be compensated in accordance with the law. In practice, after expropriation decisions, compensation decisions, and forced relocations are found to be illegal, some referees directly make compensation judgments, ordering city and county-level governments to compensate for the loss of houses and items in the houses, instead of solving the problem of house compensation through compensation procedures, in order to reflect the punitive nature of illegal expropriations by administrative agencies. This approach is also reasonable to a certain extent, and in the case that punitive damages have not yet been introduced, there is no substantial difference between the compensation standards for legal expropriations and the compensation standards for illegal expropriations. This kind of adjudication that is not entangled in compensation and compensation is also feasible. In practice, there are different ways to deal with cases where a compensation agreement has been signed but does not move within the agreed period: first, the expropriating unit files a lawsuit to demand performance and enforcement; second, the compensation agreement is replaced by making a separate compensation decision. It is generally not appropriate to admit that the expropriating unit has the power to force relocation on its own in accordance with the compensation agreement. However, if the compensation agreement clearly stipulates that the government will organize the demolition of the expropriated houses after the compensation content is realized. At this time, since the expropriated person has agreed in the contract to determine the transfer time of the ownership of the expropriated house when the compensation content is realized, in this case, it can be regarded that the conditions for the government to obtain the ownership of the house have been met. Some referees also supported the right of city and county governments to implement forced relocation or even forced demolition. In this case, in principle, the expropriated person can only request judicial review for the damage caused to the items in the house by the forced relocation or other losses caused by illegal compulsory measures.

(6) Presumption of the responsible party for forced relocation. After forced relocation, some city and county-level governments or expropriation authorities deny the implementation of forced relocation, and some even deliberately fail to make a written decision or hire people outside the case to force relocation to avoid liability for compensation for forced relocation. The Yingting Demolition Group believes that since the "Regulations on Requisition and Subsidy" clearly "prohibit construction units from participating in relocation activities," illegal forced relocations should first be presumed to be carried out by municipal and county-level governments and expropriation authorities, and they should bear corresponding responsibilities. Of course, this is excepted if city and county-level governments, expropriation authorities, etc. can prove that it is other subjects or there is evidence that other subjects independently carried out forced relocation.

(7) Determination of the amount of loss and transfer of the burden of proof. In principle, the person being expropriated shall bear the burden of proof for the facts and specific amount of the loss. However, if the expropriated person is unable to fully fulfill its burden of proof for the loss or damage of property due to the failure of the implementing agency to prepare notarized records and notarized lists in accordance with the law during the compulsory demolition and demolition, the burden of proof will be transferred if the expropriated person can provide preliminary evidence to prove that there is damage or loss of property, and the implementing agency shall bear the burden of proof for its claim that the forced relocation did not cause property losses, and bear the adverse consequences of failure to provide evidence. If there is an obvious exaggeration of losses, the people's court should comprehensively consider the factors of the entire case and the faults of all parties, exercise discretion in accordance with the law, and determine the specific amount of compensation.

9. Judgment of the legality of forced relocation and the timing of the judgment

1. When municipal and county-level governments organize forced relocation or demolition, they generally do so based on already effective compensation decisions or demolition and resettlement compensation rulings. This may lead to a situation where when compulsory enforcement is implemented, the expropriation and compensation decision or demolition and resettlement compensation award based on it has formal validity, is legally binding and enforceable. However, after the imposition of compulsory, the validity of the expropriation and compensation decision or demolition and resettlement compensation decision is negated. This may be due to self-correction by the administrative agency, or it may be revoked by the review authority or the people's court in accordance with the law.

2. Some expropriated persons (demolished persons) sued to confirm that the forced relocation was illegal and requested state compensation. This involves the issue of whether the people's court's judgment on forced relocation should be based on the time when the administrative action was made, or on the time when the people's court made the decision. This is also the issue of the time of judgment. Since there is bound to be a time lag between when an administrative action is taken to court and when the court makes a ruling. During this period, the facts or laws on which the administrative action is based may change. Therefore, it is necessary to discuss the basis for judgment. In principle, the benchmark time for administrative litigation in my country is the time when the administrative act is made.

3. Once an immediate administrative act is made, the legal consequences have definitely occurred, and there is no question of restoring or returning to the original legal status, nor is it intended to establish a legal order with continuing effect in the future. In this case, the evaluation should be strictly based on the facts and legal status at the time when the administrative act is made, without taking into account the changes in facts and law after the administrative act is made. Exceptions include immediate administrative actions that have not yet been completed or that have been completed but have not yet been executed. If the change of circumstances will cause the original act to lose its legality or make it unnecessary to continue, it shall be annulled.

5. Since there are no provisions on the abolition of administrative acts in my country's separate administrative laws and the Administrative Litigation Law, the people's courts can only confirm that the administrative acts were legal when taken by the administrative agencies in accordance with relevant legal principles. Then, due to changes in circumstances, the judgments may be revoked or declared no longer valid, or even invalidate after a certain period of time.

10. Cooperation obligations and obedience issues of expropriated persons

1. The "Regulations on Expropriation and Compensation" insist on allowing the expropriated persons to receive fair and reasonable compensation based on the market assessment price, and ensure that the living standards are not reduced, which better protects the rights and interests of the expropriated persons. The "Regulations on Expropriation and Compensation" also incorporate the rights of the expropriated persons to know, participate, express and supervise throughout the entire expropriation and compensation procedures. Such as the right to participate in judging whether it is due to public interest, the right to propose a compensation plan, the right to confirm the housing survey results, the right to negotiate with the evaluation agency, the right to apply for review of the evaluation report, the right to apply for appraisal, the right to choose monetary compensation and property rights exchange, the right to negotiate the content and method of compensation, the right to apply for reconsideration and prosecution, etc.

2. If most of the expropriated persons have achieved voluntary relocation by signing compensation agreements. To reduce disputes in the process of expropriation and compensation, expropriators and expropriated persons need to know and abide by the law, act in accordance with the law, and respect the rule of law: Municipal and county-level governments must insist on expropriation in accordance with the law, fair compensation, and proper procedures; expropriated persons should also actively participate, actively cooperate, and safeguard their legitimate rights and interests in a rational manner.

4. According to the Constitution, the essence of expropriation lies in the public interest. Therefore, regardless of whether the expropriated person accepts the expropriation and compensation, he should actively safeguard his rights in accordance with the provisions of the "Expropriation and Compensation Regulations" instead of passive confrontation to avoid additional losses caused by non-cooperation. Under the premise and background of the overall fair and reasonable legislation of the "Expropriation Regulations", even if the expropriation of houses brings burdens to our lives and emotions, it is difficult to achieve absolute fairness and reasonableness. It becomes an obligation to bear this inevitable burden brought about by public interests.

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.