Legal information

Introduction to the article: How can the demolished households protect their rights when their houses are demolished? This case gives you the answer.

Part 1: What should you do if your house is demolished?

If your house is forcibly demolished, the first thing to consider is whether you can go through legal proceedings? File an administrative review or administrative lawsuit? If you can sue, who should you sue? Generally speaking, whoever committed the act should be prosecuted. However, during land acquisition and demolition, what should you do if your house is forcibly demolished or demolished by a group of unknown persons? The Yingting Demolition Team has handled this type of case before. Although the handling process was tortuous, it finally achieved a satisfactory result. On November 10, 2016, Chen also encountered this kind of thing. Before Chen had negotiated compensation, his house was suddenly demolished. Don’t know who to sue? Chen once sued the Zhengzhou Municipal People's Government as the defendant, but the lawsuit was dismissed by the court. However, the Longwang Office that issued the "demolition notice" does not have the qualifications to be a subject, and has never admitted that it committed illegal demolition. After the court found out the facts, the defendant was finally presumed to be the defendant, and the demolition households won the case. This case is of very typical significance. It can not only curb the illegal behavior of illegal demolitions and demolitions, safeguard the legitimate rights and interests of the demolished and expropriated people, but also provide a trial basis for similar cases in the future.

Part 2: Legal provisions related to this case

1. Regarding the issue of whether the Airport Area Management Committee is a qualified defendant in this case. According to Article 46 of the Land Management Law of the People's Republic of China, Chen's house was demolished due to the land expropriation involved in the construction of the Garden Expo project, and the demolition was organized and implemented by the Dragon King Office. Lawyers Wang Qingfeng and Lu Jianan, Chen’s attorneys, believe that the Airport Area Management Committee argued that the land expropriation involved in the case has been completed and the village committee has the obligation to deliver the clean land. However, neither the Longwang Office nor the Longwang Village Committee of the Longwang Office has the authority to expropriate land. Their decisions were made to cooperate with the Airport Area Management Committee to complete the land expropriation. At the same time, the Longwang Office is a dispatched agency of the Airport Area Management Committee. The Airport Area Management Committee has the economic and social management authority of the provincial and municipal governments, undertakes social management functions in the region, is an administrative agency that exercises some government functions, and is the main body to organize and implement land expropriation within its jurisdiction. In this case, the Longwang Office does not have the legal authority to demolish Chen’s house, so the legal consequences arising from its demolition of Chen’s house should be borne by the Airport Area Management Committee, which is a qualified defendant in this case.

2. According to the provisions of Article 46, Paragraph 2 and Article 47 of the Land Management Law of the People's Republic of China, the owners and users of the expropriated land have the right to enjoy compensation and resettlement. The Airport Area Management Committee's argument that collective land is expropriated to village collectives is incomplete and cannot be established. According to Article 34 of the "Administrative Procedure Law of the People's Republic of China", the Airport Area Management Committee forcibly demolished Chen's house without reaching a demolition compensation agreement with Chen, and did not provide corresponding evidence to prove that its forced demolition complied with the provisions of the "Administrative Enforcement Law of the People's Republic of China", and its demolition behavior should be deemed illegal. To sum up, it is illegal for the Airport Area Management Committee to demolish Chen’s house.

Yingting reminds you:

1. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later. Because you can’t find a reason to ask for compensation, it’s also difficult to determine who to sue in court. If your house has been forcibly demolished, you can take relevant photos and videos before, at, and after the demolition as evidence of the demolition and as the basic basis for proposing compensation conditions. It is also easy to identify the subject who carried out the forced demolition, know who to sue, and find out who should bear the responsibility for the forced demolition.

2. 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.