Legal information

Introduction to the article: During the demolition process, the government entrusts demolition companies and others to organize forced demolition in the form of civil actions, but the government liability does not therefore transform into civil liability. Who will bear the relevant responsibility for accidental demolition during the demolition process?

1. Basic facts of this case

Plaintiff: Wang

Defendant: Demolition party

When a house demolition company demolished the old buildings surrounding the house involved, it demolished the house involved as well. Who should be held responsible for the consequences of accidental demolition during the demolition process?

2. Focus of controversy in this case

Ying Ting believes that the focus of the dispute in this case is, when the house demolition company (civil subject) admits that it demolished the house involved alone, should the consequences of its behavior be attributed to the appellee (the expropriation office and the street), and be regarded as their official behavior and bear the corresponding legal consequences?

3. Who bears the responsibility?

1. The appellant believes that according to Article 5 of the "Regulations on House Expropriation and Compensation on State-owned Land", the house expropriation department should bear legal responsibility for the consequences of the actions of its entrusting unit. That is to say, even if there is accidental demolition, the administrative agency should be responsible. Ying Ting believes that during the expropriation process, a third party is entrusted to engage in specific transactional work, and the entrusting party should be held responsible for the actions of the entrustee. The houses involved have not yet been expropriated and compensated, so it is illegal to demolish them.

2. The entrusting party should first bear responsibility for the actions of the construction party within the scope of the entrustment. As for the so-called mistaken demolition caused by management supervision and communication errors between the two parties, it is within the scope of the demolition of the old house signed by both parties. The corresponding liability can be pursued in accordance with the contract, but it cannot be used against the victim and the public. Therefore, it should be considered that within the scope of the expropriation red line, the expropriation office has a guarantee obligation for the demolition of demolished houses by the demolition trustee, that is, to ensure that all the houses arranged for demolition have completed the house expropriation compensation procedures. Even if this case is indeed caused by the demolition company's mistake in demolishing the house, the expropriation management department should still bear the responsibility.