Legal information

Article introduction: During the demolition process, Chen’s house on rural collective land was deemed to be illegally constructed. The Land and Resources Bureau issued a “Notice of Order to Surrender the Land” to him, requiring him to move and hand over the land within a time limit. However, Chen did not demolish the house on his own, and the Land and Resources Bureau organized personnel to forcibly demolish the house involved. Does the land and resources department have the right to demolish rural houses on its own?

1. The land and resources department has no right to demolish houses by force.

The land and resources department can take action against illegal constructionmakePenalties for demolition are determined. But the right to compel demolition lies with the courts. Article 77 of the "Land Management Law" stipulates that if rural villagers illegally occupy land to build residences without approval or use deceptive means to obtain approval, the land administration department of the people's government at or above the county level shall order the return of the illegally occupied land and demolish the newly built houses on the illegally occupied land within a time limit.

2. Apply to the People’s Court for compulsory execution in accordance with the law

Article 83 of the "Land Management Law" stipulates that in accordance with the provisions of this law, if the construction unit or individual is ordered to dismantle the newly built buildings and other facilities on illegally occupied land within a time limit, the construction unit or individual must immediately stop the construction and dismantle it on their own; if the construction continues, the authority that makes the penalty decision has the right to stop it. The Yingting Demolition Group learned that if the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a time limit, they can file a lawsuit with the People's Court within 15 days from the date of receiving the decision ordering demolition within a time limit; if they do not sue after the expiration of the time limit and do not demolish on their own, the agency that made the penalty decision will apply to the People's Court for compulsory execution in accordance with the law.

3. Can administrative enforcement actions be set by administrative agencies themselves?

Article 2, Paragraph 3 of the "Administrative Enforcement Law of the People's Republic of China" stipulates, "Administrative enforcement refers to the act of administrative agencies or administrative agencies applying to the People's Court to force citizens, legal persons or other organizations to perform their obligations in accordance with the law against citizens, legal persons or other organizations who fail to perform administrative decisions." The legal essence of forced demolition is the administrative enforcement behavior mentioned above. Can administrative enforcement actions be set by administrative agencies themselves? Can't! In order to protect the rights and interests of citizens and prevent the abuse of power, administrative enforcement in our country can only be set by law.

4. Only with legal authorization can administrative agencies have the right to implement enforcement actions.

Article 13 of the "Administrative Enforcement Law": "Administrative enforcement is established by law. If the law does not provide for enforcement by administrative agencies, the administrative agency that made the administrative decision shall apply to the People's Court for enforcement." Only with legal authorization, administrative agencies have the right to implement enforcement actions. Otherwise, they can only apply for court approval for enforcement and have no right to implement it themselves. However, my country’s Land Management Law does not grant the land and resources department the right to forcibly demolish illegal constructions. Article 45 of the "Regulations on the Implementation of the Land Management Law of the People's Republic of China" also clearly mentions this point: "Anyone who violates land management laws and regulations and obstructs land acquisition for national construction shall be ordered by the land administration department of the people's government at or above the county level to hand over the land; if he refuses to hand over the land, he shall apply to the People's Court for enforcement." If the Land and Resources Bureau forcibly demolishes the house involved in the case, it may be suspected of illegal demolition. Should bear corresponding legal responsibilities.

5. How do the demolished people protect their rights and interests?

If a house has been illegally demolished, you can protect your rights and interests by applying for administrative reconsideration or filing an administrative lawsuit. What is the main purpose of administrative review? In short, people who have a legal interest in an administrative action believe that the administrative action infringes upon their legitimate rights and interests and apply for reconsideration to an administrative agency with legal authority in accordance with the law. The review agency will review the legality and rationality of the applied administrative action and make a decision. The Yingting Demolition Group believes that if the Land and Resources Bureau implements forced demolition, it can submit an application for administrative reconsideration to the higher-level land and resources department or the people's government at the same level. The application for reconsideration must be submitted within 60 days from the date when the forced demolition occurred or should have been known. Administrative litigation is usually filed with the grassroots people's court where the land bureau is located. Generally, the lawsuit should be filed within six months from the date when the demolished person knew or should have known that the forced demolition occurred. If the case is subject to administrative review, the case must be prosecuted within 15 days from the date of the review result or the expiration of the review period.

Yingting reminds you:

1. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later.

2. If you encounter illegal forced demolition, the demolished person 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. Don’t miss the statute of limitations through petitions, reports, etc.