Legal information

Introduction to the article: Although our country’s laws clearly stipulate that it is illegal to defraud or force visa applicants by cutting off water, heat, gas, electricity, and blocking roads, such phenomena still exist. Demolished! Faced with water, electricity and circuit cuts, will you move quickly?

Part One: The people from the demolition office are trying to persuade you to move, or should you not move?

1. Two months ago, Xiao Li and Xiao Chen, staff members of the demolition office, came to Cheng’s home and chatted with Cheng’s wife for a long time. A few days later, Xiao Li and Xiao Chen came to Cheng's house again, and the conversation changed from ordinary chatter to a more serious "topic of demolition." Xiao Chen said that she had just been transferred to work in the demolition office, and the work pressure was very high. If she did not do well, she might have to leave. Xiao Li took out a resettlement compensation agreement and said that residents who relocated early would receive a reward of 80,000 yuan. This amount could be saved for Cheng's grandson as a personal deposit for the child. Xiao Chen wanted to persuade Cheng to sign and fingerprint. Cheng and his wife discussed it and decided to agree to sign. At this time, Cheng's son came back and prevented his parents from signing the compensation agreement. It said that only after investigation and research, it is found that the compensation is legal and reasonable, can it be signed. Because after signing an agreement, a relationship of rights and obligations is formed, and there is no going back on it. Xiao Li and Xiao Chen left Cheng's home. Half a month later, Cheng's family received a notice of demolition within a time limit. But no agreement was signed and no move was made. Later, the heating in Cheng's home was cut off, as were the water and electricity. The people from the demolition office said that in order to unify management, they advised Cheng to sign an agreement as soon as possible and vacate the house as soon as possible, otherwise the house would be demolished in a while and they could not stop it.

2. Cheng found Ying Ting and asked what to do? Ying Ting suggested that Cheng actively negotiate with the demolition party and sign if he feels that the resettlement compensation is more reasonable. If you think the compensation is too little, don't sign the agreement. Make preparations before forced demolition, take photos and videos of the inside and outside of the houses involved, take photos of the demolition site, and take photos of the staff organizing and implementing the demolition. The photos and videos on your phone are original evidence, so don’t delete them! Once a house is forcibly demolished, you can sue the demolishing party and demand compensation for losses.

Part 2: What are the legal provisions related to this case?

1. 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.

2. 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 the person in charge and other directly responsible persons constitute a crime, they shall be investigated for criminal responsibility 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 subject to public security management penalties in accordance with the law.

3. Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that when implementing house expropriation, compensation should be paid first and then relocated. Ying Ting believes that after the people's government at the city or county level that made the decision to expropriate the house provides compensation to the expropriated person, the expropriated person should complete the relocation within the relocation period stipulated in the compensation agreement or determined in the compensation decision. No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, road access, or other illegal means to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities.

4. Article 4 of the "State Compensation Law" stipulates that if administrative agencies and their staff infringe on property rights in any of the following circumstances when exercising administrative powers, the victim has the right to obtain compensation:

(1) Administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and business operations, and confiscation of property are illegally imposed;

(2) Administrative compulsory measures such as sealing up, detaining, freezing, etc. are illegally taken against property;

(3) Illegal expropriation or expropriation of property;

(4) Other illegal acts causing property damage.

Article 5 of the Law stipulates that the state shall not be liable for compensation under any of the following circumstances:

(1) Personal behaviors of administrative agency staff that have nothing to do with the exercise of their powers;

(2) Damage occurs due to the actions of citizens, legal persons and other organizations;

(3) Other situations stipulated by law.

Yingting reminds you:

What should you do when faced with illegal demolition? Many people lose their minds when faced with forced demolitions. Not only do they fail to safeguard their legitimate rights and interests, but they also put themselves in a more difficult situation. Because many land acquisition and demolition projects themselves are legal, opposing relocation cannot stop the demolition process, and it is useless to fight against the demolition party! Getting the compensation you deserve is the most important thing! For legal houses that have been forcibly demolished, the statute of limitations is 6 months. After being identified as an illegal building, if you are dissatisfied with the decision to order demolition within a time limit, you must file a lawsuit with the People's Court within 15 days from the date of receipt of the demolition decision.