Legal information

Article introduction: According to the new land acquisition and demolition regulations in 2018, some illegal land acquisition and demolition behaviors can be effectively curbed. Compulsory expropriation and demolition shall not be allowed, and reasonable land acquisition compensation must be provided before houses are demolished!

1. The new regulations in 2018 protect the rights and interests of demolished households.

1. With this regulation, the trend of illegal demolitions will be curbed. According to the relevant newly promulgated laws and regulations, violence, coercion, coercion and other coercive means shall not be used during expropriation and demolition, and illegal means such as interrupting water supply, heat supply, gas supply, power supply and blocking road access shall not be used on the houses of the demolished party.

2. If illegal demolition behavior causes losses to the demolished people or personal injuries to the demolished party, the relevant responsible persons will be subject to administrative sanctions, public security management penalties, criminal liability, etc., depending on the circumstances. At the same time, the demolished persons have the right to file a lawsuit for state compensation.

2. What are the legal provisions regarding forced demolition and compensation?

1. The Yingting Demolition Group believes that according to Article 30 of the Regulations on House Expropriation and Compensation on State-Owned Land, if staff of municipal or county-level people's governments and house expropriation departments fail to perform their duties stipulated in these Regulations during house expropriation and compensation, or abuse their powers, neglect their duties, or practice favoritism, they shall be ordered to make corrections by the people's government at the higher level or the people's government at the same level and criticized.

2. If losses are caused, compensation shall be borne in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law.

3. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

4. Article 31 stipulates that those who use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, and road access and other illegal means to force the expropriated person to relocate and cause losses shall bear liability for compensation according to law.

5. If the person in charge and other directly responsible persons who are directly responsible constitute a crime, they will be held criminally responsible in accordance with the law.

6. If it does not constitute a crime, sanctions shall be imposed 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.

7. The principle of inversion of the burden of proof shall be implemented for state compensation for illegally demolished houses. Article 38 of the "Administrative Litigation Law" stipulates: "In cases of administrative compensation and compensation, the plaintiff shall provide evidence of the damage caused by administrative actions. If the plaintiff is unable to provide evidence due to the defendant's fault, the defendant shall bear the burden of proof." In other words, during the process of forced demolition, the administrative agency shall properly handle and preserve evidence in accordance with the law to prove that it has fulfilled its obligations during the forced demolition process and has properly disposed of the legal property of the demolished person involved in the building involved. If the administrative agency fails to provide any relevant evidence, it shall be deemed to have failed to fulfill its burden of proof.

8. It is illegal to use violence, threats or other means to force demolition. The Yingting Demolition Group learned that Article 27 of the "Regulations on House Expropriation and Compensation on State-owned Land" stipulates: "Compensation should be implemented first before relocation. After the municipal and county-level people's governments that make the house expropriation decision compensate the expropriated people, the expropriated people should complete the relocation within the relocation period stipulated in the compensation agreement or the compensation decision. No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, and road traffic to force the expropriated people to relocate. Construction units are prohibited from participating in relocation activities."

9. If there is illegal demolition and expropriation, the victims should be compensated. Article 4 of the "State Compensation Law" stipulates: "If administrative agencies and their staff infringe on property rights in any of the following circumstances when exercising their administrative powers, the victim has the right to obtain compensation. (1) Illegal administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and operations, and confiscation of property. (2) Illegal administrative enforcement measures such as sealing, detaining, freezing, etc. on property. (3) Illegal expropriation and requisition of property. (4) Other illegal acts that cause property damage." In legal practice and judicial adjudication practice, the relevant provisions on expropriation shall apply to the losses caused to the demolished persons due to demolition.

Yingting reminds you:

If you encounter similar problems, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and provide you with legal advice using professional legal knowledge. You can send us a private message for one-on-one consultation.