Legal information

Xiao Li is a villager in a certain village. Due to the construction of a tourist town, his house is facing demolition. The government has negotiated with Xiao Li several times about compensation. Xiao Li always felt that the compensation was too low, so he did not sign a compensation and resettlement agreement. One year has passed, and the plan for the tourist town has reached the final stage. Xiao Li still has no intention of signing a compensation and resettlement agreement. At this time, the developer came out and said that if Xiao Li did not sign the agreement and move out, the house would be demolished by the developer. So here comes the question: Does the developer have the right to demolish Xiao Li’s house?

Article 13 of the Administrative Enforcement Law stipulates: “Administrative enforcement shall be established by law.

If the law does not provide for compulsory enforcement by administrative agencies, the administrative agency that made the administrative decision shall apply to the People's Court for compulsory enforcement. "Therefore, administrative enforcement is stipulated by law, and only administrative agencies or courts that have administrative enforcement power as stipulated by law can enforce it. Developers who are not administrative agencies cannot carry out forced demolition.

In addition, Article 26 of the Regulations on House Expropriation and Compensation on State-Owned Land stipulates: “If the house expropriation department and the expropriated person fail to reach a compensation agreement within the contract period specified in the expropriation compensation plan, or the owner of the expropriated house is unclear, the house expropriation department shall report to the city or county-level people’s government that made the house expropriation decision in accordance with the provisions of these regulations, make a compensation decision in accordance with the expropriation compensation plan, and make an announcement within the scope of the house expropriation.

The compensation decision shall be fair, including matters related to the compensation agreement as stipulated in Paragraph 1 of Article 25 of these Regulations.

If the expropriated person is dissatisfied with the compensation decision, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. "

Article 28 of the Law also stipulates: “If the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county-level people’s government that made the house expropriation decision shall apply to the people’s court for compulsory execution in accordance with the law.

The application for compulsory execution shall be accompanied by materials such as the amount of compensation, the account number of the special account, the location and area of the property rights exchange house and the turnover house. "

According to the above-mentioned legal provisions, the developer is not a qualified entity to demolish Xiao Li's house, and it is obviously illegal to demolish Xiao Li's house without making a compensation decision and announcing it, or applying for court enforcement. In response to this situation, Xiao Li should not panic. He can take photos and videos of the inside and outside of his house to save evidence. At the same time, he should also be evidence-conscious when talking to the developer and retain evidence in a timely manner.