Legal information

Article introduction: In the process of land acquisition and demolition, signing a resettlement compensation agreement is a very important step. If you sign a blank agreement, you may trust the verbal promises of the staff who persuaded you to sign or dismantle the agreement, or you may not have kept the original agreement. The demolished households may suffer heavy losses as a result. Even if you want to protect your rights and interests, you can't produce evidence.

1. You need to be careful when signing any agreement. You must keep a copy of the original. If you cannot keep it, take a photo. If there are no elements of an "invalid contract" such as fraud and coercion, it cannot be redeemed as long as you sign the compensation agreement. Even if you can recover it, you will still suffer corresponding losses.

2. Signing an agreement does not mean it is valid. If you use deceptive means to get the demolished person to sign, you can still sue even if you receive compensation.

3. Although the demolition compensation agreement is an administrative contract, the basic provisions of the contract law are also applicable. The demolition compensation agreement is not administratively mandatory and requires the true expression of intention of both parties. Compensation contracts signed due to fraud or coercion are invalid.

4. Don’t be afraid because of the deception or intimidation of the demolition party. The compensation standard for demolition is not a mandatory requirement of the government.

5. If you want to prove that you signed under duress or fraud, you need sufficient and strong evidence to prove it. Pay attention to collecting evidence legally and safeguarding your own legitimate rights and interests.

6. Stay clear-headed when facing demolition and follow the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect.

7. The demolishing party sometimes makes attractive verbal promises to induce the demolished people to sign a blank agreement. The demolished people believe it and sign their names. After the demolition party took away the agreement, they filled in content that was completely different from the verbal promise, and the amount of compensation was reduced accordingly. Only then did the demolished people suddenly realize. Blank agreements are expressly prohibited by national laws and regulations, and signatures and thumbprints on blank agreements are prohibited.

8. Article 16 of the "Administrative Litigation Law" stipulates that if an administrative agency files a lawsuit against an administrative agency that fails to perform in accordance with the law or fails to perform an agreement as agreed, the litigation fees shall apply mutatis mutandis to the civil case payment standards; if a lawsuit is filed against an administrative agency that unilaterally changes or terminates an agreement, the litigation fees shall apply to administrative cases.paystandard.

9. Article 14 of the Administrative Litigation Law stipulates that when the People's Court examines whether an administrative agency performs in accordance with the law, performs an agreement as agreed, or whether it is legal to unilaterally change or terminate an agreement, while applying administrative legal norms, it may also apply civil legal norms that do not violate the mandatory provisions of the Administrative Law and the Administrative Litigation Law.

Yingting reminds you:

If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.