Legal information

Article introduction: Many demolished people want to apply for administrative compensation after suffering violations such as forced demolition. So, what procedures should be followed to apply for state administrative compensation? What exactly do you do?

1. Enterprise legal persons should submit administrative compensation to the agency responsible for compensation, or they can submit it together when applying for administrative reconsideration and filing administrative litigation. Ying Ting held that the claimant for compensation may request compensation from any one of the jointly obligated agencies for compensation, and that agency shall pay compensation first. A claimant for compensation may file several compensation claims at the same time based on the different damages suffered.

2. To request compensation, an application must be submitted, which shall specify the following matters: the name and address of the legal person or other organization and the name and position of the legal representative or principal responsible person; (2) specific requirements, factual basis and reasons; (3) year, month and day of application. If the compensation claimant really has difficulty in writing the application, he may entrust another person to write the application on his behalf; he may also make an oral application and the agency responsible for compensation shall record it in the transcript. If the claimant for compensation is not the victim himself, he should explain his relationship with the victim and provide corresponding proof. If the compensation claimant submits the application in person, the agency responsible for compensation shall issue a written voucher stamped with the special seal of the administrative agency and indicating the date of receipt on the spot. If the application materials are incomplete, the agency responsible for compensation shall notify the compensation claimant on the spot or at once within five days of all the content that needs to be supplemented and corrected.

3. The agency responsible for compensation shall make a decision on whether to compensate within two months from the date of receipt of the application. The Yingting Demolition Group learned that when making a compensation decision, the agency responsible for compensation should fully listen to the opinions of the compensation requester, and may negotiate with the compensation requester on the compensation method, compensation items and compensation amount in accordance with the provisions of Chapter 4 of this Law. If the agency responsible for compensation decides to compensate, it shall prepare a compensation decision and deliver it to the compensation claimant within ten days from the date of making the decision. If the agency responsible for compensation decides not to compensate, it shall notify the compensation claimant in writing within ten days from the date of the decision and explain the reasons for not awarding compensation.

4. If the agency responsible for compensation fails to make a decision on whether to compensate within the prescribed time limit, the compensation claimant may file a lawsuit with the People's Court within three months from the expiration of the time limit. If the compensation claimant has objections to the method, items, or amount of compensation, or if the agency responsible for compensation makes a decision not to compensate, the claimant may file a lawsuit with the People's Court within three months from the date the agency responsible for compensation makes the decision to compensate or not to compensate.

5. When the people's court hears administrative compensation cases, the compensation claimant and the agency responsible for compensation must provide evidence for their claims. If the person whose personal freedom is restricted dies or becomes incapacitated during the period when the organ responsible for compensation takes administrative detention or compulsory measures that restrict personal freedom, the agency obligated to compensate shall provide evidence as to whether there is a causal relationship between the actions of the agency obligated to compensate and the death or incapacity of the person whose personal freedom is restricted. After compensating for losses, the agency responsible for compensation shall order the staff member or the entrusted organization or individual who committed intentional or gross negligence to bear part or all of the compensation costs. Relevant authorities shall punish those responsible intentionally or with gross negligence in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Because forced demolition has caused you economic losses, you can apply for state compensation (administrative compensation). Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would 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. All you have is a delay in your precious time to protect your rights and interests! 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.