Legal information

Introduction to the article: I have been forcibly demolished and don’t want to file a lawsuit. Is there any way to get reasonable compensation? Our first thought is to solve the problem through negotiation.

1. If the matter can be settled through negotiation, it may not necessarily result in a lawsuit.

If you go through legal procedures, you must follow the relevant legal procedures. There are legal regulations on how long to go through which procedure. No matter how urgent the matter is, the procedure must be completed. Characteristics such as long trial time and multiple processes will make the demolished people more passive. If the demolished people wait passively, as time goes by, the relevant person in charge may change, and evidence materials will be difficult to obtain. In this case, the statute of limitations may have expired. Drag the evicted people into a more unfavorable situation. Yingting found in practice that many cases achieve satisfactory results through negotiation. Therefore, if you want to get satisfactory compensation as soon as possible, you do not necessarily have to file a lawsuit.

2. Compared with going through judicial procedures, negotiate with the demolition party to get compensation as soon as possible.

Some people being demolished may think that they are at a disadvantage compared to the demolishing party, and they have the final say on how much compensation the other party will demolish. This is not the case! Everyone is equal before the law. If you are not satisfied with the demolition compensation, there are many ways to protect your legitimate rights and interests. Negotiations with the demolition parties failed to resolve the problem many times, or the demolished people do not understand the policies and laws. It is necessary for legal professionals to intervene! There is such a case. In the demolition case of a lighting and electrical appliance factory in Zhongshan City, Guangdong Province, the person in charge of the factory entrusted Dong Guonv and Lu Yongqiang of Yingting to handle the case. By filing an administrative review with the National Development and Reform Commission, it was confirmed that the construction project was illegal, and a series of legal procedures were carried out. Finally, the parties were satisfied with compensation through negotiation. The tug-of-war that originally took more than six months and a year was successfully concluded within two to three months, or even within ten days. In the end, the demolished people received satisfactory compensation. This is the advantage of negotiation.

3. If you are not satisfied with the negotiation results, you can file an administrative review or administrative lawsuit.

1. Who should I apply for administrative review?

The so-called administrative reconsideration is the administrative agency. The object of review is whoever demolishes your house will review it. 2. For what reasons should you apply for administrative review?

The reason for applying for reconsideration must be for a specific administrative act, such as the "Notice Ordering Demolition within a Time Limit" issued by the demolition party, or the "Expropriation Compensation Decision" issued by the expropriating party that infringes upon its own legitimate rights and interests.

3. Time limit for administrative reconsideration and administrative litigation of expropriated and demolished persons

An administrative reconsideration shall be filed within 60 days from the date of becoming aware of the specific administrative act. If you are dissatisfied with the review decision, you may file an administrative lawsuit with the People's Court in accordance with the law within 15 days from the date of receipt of the review decision or from the date of receipt of the decision not to accept the decision, or within 15 days from the expiration of the administrative review period for failure to respond.

4. Refer to legal regulations

(1) Article 30 of the "Administrative Reconsideration Law" stipulates: "If citizens, legal persons or other organizations believe that specific administrative actions of administrative agencies infringe upon their ownership or use rights of natural resources such as land, mineral deposits, water flows, forests, mountains, grasslands, wasteland, tidal flats, sea areas, etc. that have been acquired in accordance with the law, they should first apply for reconsideration; if they are not satisfied with the administrative reconsideration decision, they may file an administrative lawsuit with the People's Court in accordance with the law."

(2) Article 9 of the "Administrative Reconsideration Law" stipulates that citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, the application period prescribed by law does not exceed 60 days.

(3) Article 38 of the Administrative Litigation Law stipulates that if a citizen, legal person or other organization applies to an administrative agency for reconsideration, the reconsideration agency shall make a decision within two months from the date of receipt of the application. Except as otherwise provided by laws and regulations. If the applicant is dissatisfied with the reconsideration decision, he may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. If the review authority fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court within fifteen days from the expiration of the review period. Except as otherwise provided by law. If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed.

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.