Legal information

Article introduction: If I don’t file a lawsuit, can I get compensation for demolition? In addition to going through legal procedures to protect your own rights and interests, you can also negotiate for compensation. If you take the non-litigation route, the case will often be settled more quickly and you will receive satisfactory compensation in a short period of time.

1. What can be done to get demolition compensation as soon as possible?

1. Not satisfied with the demolition compensation. Compared with negotiation, legal procedures are somewhat insufficient.

If you go through legal procedures, you must follow the relevant legal procedures. The number of days to go to which procedure is clearly stipulated by law. No matter how anxious you are about this matter, I'm sorry, but the entire process needs to be completed. Characteristics such as long review time and multiple processes will make companies more passive. If the problem was not resolved as soon as possible, as time goes by, the relevant person in charge may change. Ying Ting believes that in this case, it is very detrimental to the enterprise. Maybe it’s because it takes a long time and involves a lot of processes. drag the company into a more unfavorable situation. If things can be resolved through negotiation, don't go to court. Once you go through the legal process, it will be difficult to solve the problem through negotiation in the future. In practice, many land acquisition and demolition cases achieve satisfactory results through negotiation.

2. Get compensation as soon as possible through negotiation!

Some people being demolished may think that they are at a disadvantage compared to the demolishing party, and they have the final say on how much compensation the other party will demolish. This is not the case! Everyone is equal before the law. If you are not satisfied with the demolition compensation, there are many ways to protect your legitimate rights and interests. The problem cannot be solved through negotiation, or the demolished people do not understand the relevant policies and regulations, or the demolishing party itself is not proficient in the relevant regulations. It is very necessary to have professional intervention! There is such a case. In the demolition case of a lighting and electrical appliance factory in Zhongshan City, Guangdong Province, the person in charge of the factory entrusted Dong Guonv and Lu Yongqiang of Yingting to handle the case. By filing an administrative review with the Development and Reform Commission, it was confirmed that the construction project was illegal, and a series of legal procedures were conducted. Finally, the parties were satisfied with compensation through negotiation.

3. If you are not satisfied with the negotiation results, you can also protect your rights and interests through administrative reconsideration and administrative litigation. The administrative reconsideration process is as follows.

1. Who should we apply for administrative review?

What we call administrative reconsideration is the administrative agency. The subject of reconsideration is whoever expropriates our houses can be reconsidered. You can see who has the final stamp on the document, and you can reconsider whoever it is.

2. When applying for reconsideration, what should we apply for?

To apply for reconsideration, it must be because a specific administrative act infringes on my legitimate rights and interests. If it is a review by the county government, it is because a specific administrative act they issued to me, such as the "Expropriation Compensation Decision" issued to me, infringes on my rights and interests.

3. Time limit for administrative review

It should be submitted within 60 days from the date of becoming aware of the specific administrative action. If you are dissatisfied with the review decision, you may file an administrative lawsuit with the People's Court in accordance with the law within 15 days from the date of receipt of the review decision or from the date of receipt of the decision not to accept the decision, or within 15 days from the expiration of the administrative review period for failure to respond.

Yingting reminds you:

If you encounter illegal forced demolition, the person being expropriated and demolished 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. Petitions are not a legal means, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many evicted people miss the statute of limitations when they file petitions. Even if they file a lawsuit, the court will not accept it. 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. 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.