Legal information

Introduction to the article: Illegal demolition refers to the act of forced land acquisition and demolition through illegal means. Including water and power outages. Violent demolition is illegal demolition. In addition, illegal demolition also includes substantive and procedural violations of demolition. For example, demolition is carried out based on the fact that demolition is illegal, approval is substituted for demolition procedures, statements and defenses are not listened to, enforcement decisions are not effective, the formation factors of the building are not comprehensively considered, the content of the time limit demolition notice is unclear, illegal demolition is not carried out according to legal procedures, trust interests are infringed, and demolition exceeds the scope.

Type 1: Failure to hear statements and defense.

The Yingting Demolition Team learned that this case is an urban management administrative case against the Urban Management and Administrative Law Enforcement Bureau.

Judicial perspective: The house involved in the case is an illegal building, but the administrative agency did not listen to the counterparty's statement and defense before making the decision to demolish the illegal building, which is an illegal procedure.

Type 2: The content of the time limit demolition notice is unclear.

Basic case facts: The Urban Management and Administrative Law Enforcement Bureau ordered the demolition of illegal buildings within a time limit.

Judicial opinion: The decision to demolish within a time limit does not contain basic information such as the illegal building and the area of the building required to be demolished within a time limit, and should be revoked in accordance with the law.

Type 3: The content of the demolition notice is incomplete and the demolition exceeds the scope.

Basic case facts: Suing the sub-district office for confirmation that it is illegal to clean up the trees they planted.

Judicial perspective: Administrative agencies must clearly define the scope of cleanup when urging the counterparty to rectify or dismantle on their own, and they must not exceed this scope when taking compulsory measures.

Category 4: The enforcement decision has not taken effect.

Basic case facts: Administrative confirmation case against the Urban Management and Administrative Law Enforcement Bureau of the High-tech Industrial Development Zone.

Judicial perspective: Only when the counterparty neither applies for administrative reconsideration nor files an administrative lawsuit against the compulsory execution decision within the statutory period, nor performs the administrative decision, can the administrative agency implement compulsory demolition. On the contrary, if the demolition is carried out before the enforcement decision has taken legal effect, the procedure is illegal.

Type 5: Failure to comprehensively consider the factors forming the building.

Basic case facts: Urban construction administrative enforcement case of the Bureau of Housing and Urban-Rural Planning and Construction

Judicial opinion: Yingting learned that when the formation of the building involved met certain conditions, the demolition did not take into account factors such as historical causes, legislative status, and the source of the house, which infringed on trust interests. The demolition agency failed to fulfill its burden of proof, and the penalty decision was obviously inappropriate and should be revoked.

Category 6: Forcibly demolishing illegal buildings without following legal procedures.

Basic case facts: Town People’s Government and Urban District Comprehensive Administrative Law Enforcement Bureau Demolition Administrative Enforcement Case

Judicial point of view: Even if the target of demolition is an illegal building, illegal means cannot be used to demolish it. It is against the principle of administration according to law to use this method to sanction the counterparty for violating the law. In view of the certain historical conditions and particularity of the building involved, the administrative agency illegally carried out forced demolition and should make appropriate compensation or compensation.

Category 7: Substituting approval for statutory demolition procedures.

Basic case facts: Suing the People's Government for administrative approval and administrative reconsideration

Judicial perspective: The administrative agency replaced the enforcement decision with internal approval during the demolition process and ignored the legal demolition procedures. The procedure is seriously illegal and should be revoked.

Type 8, infringement of trust interests.

Basic case facts: Comprehensive Administrative Law Enforcement Bureau, District People’s Government Administrative Enforcement and Administrative Review

Judicial perspective: In order to cooperate with the construction of major projects, the demolition compensation agreement stipulates that the counterparty can temporarily build houses. After the administrative agency has made corresponding commitments, the decision to demolish within a time limit does not take into account the facts, nature, and circumstances of the illegal construction behavior, which lacks rationality.

Type 9: Demolition is carried out in the name of illegal demolition.

Basic case facts: A case against the Municipal People's Government, the Economic Development Zone Management Committee, and the Subdistrict Office for demolition and demolition administrative enforcement.

Judicial perspective: The administrative agency has no evidence to prove that the house involved in the case is an illegal construction, and it is demolished in the name of illegal demolition to avoid expropriation procedures, so it should be confirmed that it is illegal.

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.

2. If you encounter illegal forced demolition, the demolished person 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. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition. Petitions are not a legal means, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. 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. 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.