Legal information

Article introduction: Order No. 590, "Regulations on the Expropriation and Compensation of Houses on State-Owned Land," was formulated to regulate the expropriation and compensation activities of houses on state-owned land, safeguard public interests, and protect the legitimate rights and interests of owners of expropriated houses.

1. Article 27 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that when implementing house expropriation, compensation should be paid first and then relocated. After the people's government at the city or county level that made the house expropriation decision provides compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the compensation agreement or the compensation decision.

2. No unit or individual may use violence, threats or illegal methods such as interrupting water supply, heating, gas supply, power supply and road access in violation of regulations to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities.

3. Article 31 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that if violence, threats, or illegal means such as interruption of water supply, heat supply, gas supply, power supply, and road access are used to force the expropriated person to relocate and cause losses, the person directly responsible and other directly responsible personnel shall be held liable for compensation in accordance with the law. If a crime is constituted, the directly responsible person in charge and other directly responsible persons shall be investigated for criminal liability in accordance with the law; if it does not constitute a crime, they shall be punished in accordance with the law; if it constitutes a violation of public security management, they shall be given public security management penalties in accordance with the law.

4 Article 32 of the "Regulations on House Expropriation and Compensation on State-owned Land" stipulates that if violence, threats and other methods are used to hinder the house expropriation and compensation work carried out in accordance with the law, which constitutes a crime, criminal liability shall be investigated in accordance with the law; if it constitutes a violation of public security management, public security management penalties shall be imposed in accordance with the law.

5. According to the relevant laws and regulations of our country, any organization or individual has the right to report violations of these regulations to the relevant people's government, housing expropriation department and other relevant departments. If your legitimate rights and interests are infringed and the problem cannot be solved through reporting, you can also take the following ways to safeguard your legitimate rights and interests.

(1) If the staff of the expropriating party fails to perform their duties in the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" during the house expropriation and compensation work, or engages in malpractice for personal gain, neglects their duties, or abuses their power, the superior government or the government at the same level shall order corrections and notify them of criticism.

(2) If the expropriated person suffers losses due to the expropriation party’s illegal behavior, he shall bear financial compensation liability.

(3) The directly responsible person in charge and other directly responsible personnel should be subject to relevant administrative sanctions in accordance with the law.

(4) If the behavior of the staff of the expropriating party violates the criminal law and constitutes a crime, their criminal liability must be pursued.

(5) If violence, threats, water, heat, gas, electricity, and road obstruction are used to force the expropriated person to relocate, causing economic losses, the responsible party shall be liable for compensation. In addition, Ying Ting reminds everyone that if the above illegal acts constitute a violation of public security management, public security management penalties will be imposed in accordance with the law. If it does not constitute a crime, sanctions will be imposed in accordance with the law. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

(6) If the tax is collected by means of deception, threats, etc., administrative sanctions shall be imposed in accordance with the law, or the person directly responsible shall bear corresponding disciplinary liability, compensation liability, and criminal liability.

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Editor/Original Author: Yingting Demolition Lawyers Group