Legal information

Article introduction: Demolition hearing refers to the behavior in which the house demolition department organizes relevant personnel to participate and listen to the statements, defense and cross-examination of the demolition parties on issues related to forced demolition. So, can it be demolished without going through the hearing process? What are the hearing methods for forced demolition? Let’s take a look at this case. The Tianjin Court’s first ruling was that female lawyer Dong Guofeng of Yingting won the case perfectly. Just because there was no hearing, the court revoked the government’s expropriation decision.

First, if the demolisher applies for administrative compulsory demolition, the house demolition management department will accept the application if it meets the conditions, organize the demolition parties and relevant personnel to conduct a hearing, and then apply to the people's government at the same level for administrative compulsory demolition.

Second, the house demolition management department organizes a hearing on compulsory house demolition, announces the time, place, method, etc. of the hearing to the public 7 days before the hearing, and at the same time serves the "Notice of Hearing on Compulsory House Demolition" to the relevant persons involved in the hearing.

Third, participants in the hearing on forced house demolition include the parties involved in the demolition, the personnel handling the original house demolition ruling and other relevant personnel. Relevant management departments and representatives with social credibility may also be invited to participate.

Fourth, the procedures for forced demolition hearings are as follows.

1. The hearing recorder announces the hearing discipline.

2. The hearing host announces the reason for the hearing, inquires and verifies the identities of the parties and their agents, informs the hearing participants of their rights in the hearing, and announces the start of the hearing.

3. The person handling the original house demolition ruling shall state the facts, reasons and basis for the implementation of administrative compulsory house demolition.

4. Both parties make their defenses.

5. The hearing host conducts inquiries and investigations on relevant issues.

6. The parties make final statements.

7. The hearing host announces the end of the hearing.

Fifth, the house demolition records shall be checked on the spot by the demolition parties and the original house demolition adjudication personnel, and the signatures shall be approved if they are correct. If the demolition party refuses to sign or seal, the hearing host shall record his name in the transcript.

Sixth, the host shall fill in the "Hearing Opinions on Compulsory House Demolition" after the hearing.

Seventh, after the hearing, the house demolition department shall report the hearing status of the compulsory house demolition to the Legislative Affairs Office of the people's government at the same level for record.

Eighth, in a case handled by lawyer Dong Guonv of Yingting Court, because the expropriating party did not conduct a hearing process, the verdict was to "revoke the government's expropriation decision." The evicted person won the lawsuit. This case became the first case in which the Tianjin High Court revoked a house expropriation decision.

Yingting reminds you:

If you encounter illegal demolition, you must file an administrative lawsuit within 6 months from the date you learned about the demolition. Because according to the relevant laws of our country, when encountering land acquisition and demolition, the expropriated and demolished persons 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, 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. What you only waste is your precious time to protect your rights and interests! 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.