Legal information

Article introduction: In the process of demolition rights protection, obtaining and preserving evidence is the most important link. When your house is demolished, do you know how to take photos, audio recordings, and video evidence?

First, take photos of the property before it is demolished, make an inventory, and estimate the price.

(1) It is necessary to completely record the scenes before and after the forced demolition, and to photograph the conditions inside and outside the house.

In practice, people often ignore the condition of the house inside and outside before it was demolished, the property inside and outside the house, etc. Sometimes demolitions happen so suddenly that there is no time to react. So take pictures in advance and save them.

(2) The Yingting demolition team recommends counting the property in advance, making a list, estimating the amount of property, and taking photos and videos for storage.

Second, what needs to be photographed? How to shoot?

(1) Who demolished my house? Who should be prosecuted?

It is necessary to photograph on-site vehicles, uniformed personnel, commanders, leading cadres and other personnel. Once an illegal demolition is determined, the relevant personnel can bear corresponding responsibilities. Sometimes identification in court may occur.

(2) It is best to arrange for several relatives or friends to take secret photos from different angles. On the one hand, it can more effectively prove the fact of forced demolition. On the other hand, even if some evidence is damaged, there will be other evidence to replace it. Also, the parties being demolished tend to be nervous and take blurry photos and shaky videos, which are both flawed when used as legal evidence. Another reason is that when the demolished people take pictures on site, they may be stopped by security personnel or even have their filming tools damaged.

(3) After shooting, promptly send the evidence online (WeChat, QQ, Weibo, etc.), or copy the files to your computer. But, to be clear, this is not original evidence. Corresponding preservation measures are only taken to prevent the original evidence from being lost or damaged. The files on the mobile phone or camera you used when shooting are the original evidence. Never delete it. Even after the case is settled and compensation is obtained, it is best not to delete it.

(4) What are the audio and video recording techniques?

A. Forced demolition scene: You can prepare several recording pens in advance to record the entire demolition process.

B. Other situations: The details of the incident are clear and consistent; specify the name and identity of the other party; the time, location, the compensation method promised by the expropriating party; the verbal commitment made by the other party, etc.

C. Legal evidence collection: Evidence obtained through eavesdropping or illegal coercion is invalid.

D. The authenticity of the evidence must be maintained. Photoshopped photos, edited audio recordings, videos and other documents do not have the legal effect of evidence.

Third, report the case in a timely manner when being demolished.

Many people heard this suggestion and rejected it directly. Some people don't dare, and some people think it's useless. If you think so, you are wrong. When you call to report the crime, record, video, and take photos at the same time, which will be retained as evidence of the forced demolition. Save as described above. Regardless of whether we can come to stop the forced demolition, this step must be taken. The next step is to sue the demolition party for illegal demolition. If you have the above evidence, you have a greater chance of winning the case.

Yingting reminds you:

When faced with demolition, some demolished people took drastic measures to resist demolition and were even punished by law for certain criminal charges. This is unwise! When facing demolition, you should stay awake and avoid physical confrontation with the demolition personnel, and do not make verbal attacks. Protect the personal safety of yourself and your family. You can symbolically express your disagreement with the forced demolition and make audio and video recordings as evidence. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.