Legal information

Article introduction: What is the difference between demolition compensation and administrative compensation? Why do we not only need compensation after being forcibly demolished, but also file a lawsuit for state compensation (administrative compensation)? Demolition compensation is a kind of "appropriate compensation" for losses caused by "legal acts". However, the state's liability for compensation is based on "torts." Since infringement is an illegal act, state compensation also has a punitive effect.

Part One, Case Story

If the house is forcibly demolished, can we just give appropriate compensation? According to our country's laws and regulations, if illegal forced demolition causes losses to the enterprise, the demolishing party must bear the responsibility for illegal demolition. The Yingting Demolition Team has handled such a case. In Wenzhou, Zhejiang, some companies needed to be vacated and demolished due to land acquisition for the Ningbo-Taiwan Expressway construction project. This includes chemical company A. After many negotiations with the expropriating party, no satisfactory result was obtained. The company believed that the compensation given was too low and that it was impossible to relocate the factory and refused to sign the resettlement compensation agreement. The expropriating party hired some people to forcibly demolish the factory building of Company A. Things that could have been handled through legal procedures have become more complicated. The company entrusted Ying Ting to safeguard its rights and interests in accordance with the law. In the end, the court ruled that the demolition by the expropriating party was illegal. The chemical company received due compensation. Because the compensation is punitive in nature, the amount of this compensation is much higher than the original compensation.

Part 2: What should the demolished people pay attention to?

1. If you are not satisfied with the compensation, you must not sign the agreement.

Compensation will be based on the terms of the agreement you signed. If you signed an agreement with them, and later feel that the compensation is less, and regret it, you will find a lawyer in the future, but the lawyer will not be able to help you. It is almost impossible to file a case in court, and there is no such successful case. Because once an agreement is signed, legal rights and obligations are formed. The Yingting Demolition Group believes that in practice, sometimes even if an agreement is signed, the demolition households do not have the agreement in hand and will not give it to you. Or they ask you to sign and fingerprint without filling in the compensation content, which is equivalent to signing a blank contract and taking away the agreement directly. I don’t know what they filled in at the end. It is troublesome to defend your rights in this way! Therefore, it is still recommended that if you are not satisfied with the compensation, you must not sign the agreement!

2. Keep the original evidence

Another point is to keep the original evidence related to the case at all times. Audio recordings, videos, photos, and photos of the agreement all count. Do not delete photos and videos taken with your phone as they are original evidence. When you copy photos and videos to your computer, their legal effect is not as strong as the originals. Try to get the original compensation agreement, or secretly take photos with your mobile phone when signing the agreement.

3. Keep people at home during the long holiday

Beware of them making things difficult for you during the New Year holidays, asking you to sign an agreement and asking you to vacate your house. At that time, many units were not working, and lawyers were celebrating the New Year. There are also many cases of forced demolition during the National Day holiday and the Chinese New Year holiday. In some cases, houses were demolished secretly when no one was home. There is no on-site evidence of forced demolition. Therefore, it is recommended that people stay at home during the Chinese New Year, at least if someone comes to demolish your house, you can take photos and videos to prove who really demolished your house. When someone is demolishing, call the police and record the incident. At least there is evidence of phone recordings, and the recordings will also reflect the environment at the demolition site. Ying Ting believes that even if the forced demolition is not admitted later, it will be helpful to prove the fact of forced demolition. As long as there is forced demolition, it will not only be a matter of compensation, but also liability for compensation, that is, you can apply for state administrative compensation.

Part 3: 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. The Yingting Demolition Group learned that in terms of state liability for compensation, it is state agency staff who commit infringements. Since they committed infringements while performing official duties, the subject of compensation obligations is state agencies, and state compensation is 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:

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.