Legal information

Introduction to the article: Forcibly demolishing houses and beating people? How does the court rule? Know these 4 points and avoid being cheated when defending your rights!

Part One, Case Story

1. The house of Cai’s family is located on the border of a certain county. Since the county’s road construction passes through here, the countyOpposite governmentThen it was decided to expropriate the house of Cai’s family.

2. However, Cai has always disagreed with the government's demolition compensation plan and has become a "nail household". Later, the government carried out forced demolition. Cai was very angry and had a quarrel with the staff. The two sides fought. Cai suffered a head injury during the fight, which caused a great impact.

3. Cai sued the court and later discovered that the injury appraisal issued by the appraisal department commissioned by the court concluded that the injury was a minor injury. However, Cai felt that his injury was serious and should not be considered a minor injury, and wanted to apply for a re-appraisal. So, under what circumstances can he apply for re-identification?

Part 2, lawyer analysis

According to Article 30 of the "Regulations of the Supreme People's Court on Issues Concerning Thousands of Evidence in Administrative Litigation", if a party has objections to the appraisal conclusion made by the appraisal department entrusted by the People's Court and applies for re-appraisal, and submits evidence to prove that one of the following circumstances exists, the People's Court shall grant permission:

(1) The appraisal department or appraiser does not have the corresponding appraisal qualification;

(2) The identification procedure is seriously illegal;

(3) The appraisal conclusion obviously has insufficient basis;

(4) Other circumstances that cannot be used as evidence after cross-examination.

It can be seen that in this case, if Cai is dissatisfied with the identification conclusion issued by the court and wants to re-identify, he needs to prove one of the above four points. With the advice and help of his lawyer, Cai re-produced evidence and obtained a legal and reasonable appraisal.

Yingting reminds you:

1. Article 30 of the "Regulations of the Supreme People's Court on Several Issues Concerning Administrative Litigation" stipulates several serious situations in which re-appraisal can be applied for. If the party concerned is dissatisfied with the appraisal conclusion made by Jianmen entrusted by the People's Court, and the provisions of this law are met, the court shall allow a re-authentication. When you encounter forced demolition, try to avoid conflicts with the staff. You should preserve as much evidence as possible while protecting yourself, and find a lawyer to protect your rights. Real estate is important, but you also need to ensure your own safety first.

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. Don’t miss the statute of limitations through petitions, reports, etc.