Legal information

Introduction to the article: My house was demolished and no compensation was given. After the lawsuit was filed, the price of the house increased. How to compensate?

1. Administrative compensation should be applied to forced demolitions. The nature of "compensation and compensation" is completely different.

(1) Some demolished people do not know the difference between state compensation and demolition compensation, but they do not know that just one word difference will cause economic damage to the demolished people. In fact, demolition compensation cannot replace state compensation!

(2) There is an essential difference between demolition compensation and state administrative compensation. Compensation is to make up for losses, while compensation is to restore the state that legal behavior should have.

2. The essential difference between compensation and compensation.

(1) State compensation liability refers to the obligation of the state to make appropriate compensation for the loss of the legitimate rights and interests of citizens, legal persons or other organizations due to the legitimate exercise of powers by state agencies and their staff or other statutory reasons in order to protect public interests. The state's compensation liability applies the no-fault principle, with the basic purpose of making up for losses and restoring fairness.

(2) The subject of state liability is the state, not individual state agency staff. Ying Ting learned that the main body that performs the obligation to compensate is the state agency, and the compensation is uniformly spent by the national treasury. 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.

3. The compensation amount should be higher than the compensation amount.

If the demolition party illegally demolishes a legal building, the demolished person can apply for state compensation. Relevant departments cannot use demolition compensation instead of state compensation to deceive the demolished people. Because compensation and compensation are not only different in nature, the final amount of money obtained may be very different. The compensation procedure can usually only be based on the market price "at the time when the expropriation and demolition decision is announced", while state compensation can restore the status quo of legal behavior, and compensation is based on the principle that it is conducive to the right holder to receive full compensation.

4. After the implementation of the "New Administrative Procedure Law", cases where houses are forcibly demolished or stolen will only have a 6-month statute of limitations.

(1) The new Administrative Litigation Law on February 8, 2018 has some impact on house expropriation and demolition disputes. The expropriated and demolished persons may 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. Yingting Tips: If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition.

(2) Petitioning, reporting, and going to superiors are not correct ways to protect rights. Rights must be safeguarded through administrative reconsideration and administrative litigation. Some relocated households will petition, but petitioning is not a legal method.

Yingting reminds you:

According to the laws of our country, forced demolition should be subject to administrative compensation regulations and has a certain punitive nature. Therefore, compensation cannot replace compensation. If you encounter an illegal demolition, you must file an administrative lawsuit and apply for state compensation (administrative compensation) within 6 months from the date you learn of the demolition. Because according to the relevant laws of our country, when encountering land acquisition and demolition, 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.