Legal information

Introduction to the article: When houses are demolished illegally, the people who are demolished sometimes cannot get all the evidence. This requires the demolition party to provide certain evidence.

1. In practice, it is very difficult to obtain evidence from the demolished persons.

Some demolition households raised this question: If a house is demolished secretly, the parties concerned have no idea who the agency responsible for the demolition is because they have not received legal documents. Some parties have received legal documents, and even if they speculate on who the possible demolition authorities may be, they cannot provide sufficient evidence. Ying Ting learned that even if the person concerned witnessed the entire forced demolition process, they could often only take video and photos to obtain evidence. However, video recording and photography are prohibited in most situations, and the personal freedom of the person involved may be restricted. During the process of forced demolition and illegal demolition, it is very difficult to obtain evidence from the demolished persons.

2. Main facts to be proved in the litigation

(1) The party filing the lawsuit has an interest in the demolished house

(2) Forced demolitions exist objectively

(3) The subject of forced demolition

(4) Whether the forced demolition procedure is legal

3. Legal provisions on the burden of proof

1. It is believed that Article 34 of the Administrative Litigation Law stipulates that the defendant bears the burden of proof for the administrative action taken and should provide evidence and normative documents based on which the administrative action was taken.

Article 49 To initiate a lawsuit, the following conditions must be met:

(1) The plaintiff is a citizen, legal person or other organization that complies with the provisions of Article 25 of this Law;

(2) There is a clear defendant;

(3) Have specific litigation claims and factual basis;

(4) It falls within the scope of the People's Court and the jurisdiction of the People's Court subject to the lawsuit.

2. "Regulations of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation"

The Yingting Court held that the defendant bears the burden of proof for the specific administrative act taken. If the defendant fails to provide evidence or provides evidence beyond the time limit without justifiable reasons, it will be deemed that there is no corresponding evidence for the specific administrative act being charged. Article 4 When citizens, legal persons or other organizations bring a lawsuit to the People's Court, they shall provide corresponding evidence and materials that meet the conditions for prosecution.

Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.