Legal information

Article introduction: After signing the transition agreement, but before formally signing the resettlement compensation agreement, the demolition party sent people to force the demolition?

1. Basic facts of the case

The demolition party and Jin only signed a transitional agreement, and Jin received the compensation. Before applying for court enforcement, they sent someone to demolish Jin's house.

The demolition party’s perspective:1. According to the "Demolition and Relocation Transition Agreement" signed between the X District Government and the demolished persons, after receiving the demolition transition fees and incentives and delivering the house to the

Court’s view:In this case, the X District Government neither made a decision in accordance with the law to order the handover of the land nor applied to the People's Court for compulsory execution in accordance with the law. Moreover, without completing the resettlement and compensation work, it directly carried out forced demolition of the house involved, which violated the law. The original court ruled that the demolition was illegal and was not inappropriate.

2. Legal perspective

1. Whether it is the expropriation of collective land or the expropriation of houses on state-owned land, the administrative agency shall apply to the People's Court for enforcement after completing the compensation and resettlement work. The administrative agency does not have the power to directly forcibly demolish the expropriated houses before obtaining the court's permission for enforcement ruling. Even if the expropriated person has received resettlement compensation in accordance with the law or refuses to accept resettlement compensation without justifiable reasons, the expropriation agency must apply to the People's Court for compulsory execution in accordance with legal procedures if it wants to implement forced relocation and demolition.

2. As a special form of property rights change, government expropriation directly leads to changes in property rights due to the expropriation decision. However, special attention should be paid to the fact that before the expropriation and compensation work is completed, the legal rights and interests of the expropriated people in the expropriated houses or land should still be protected. The expropriated people cannot be enforced before they receive resettlement compensation. That is to say, the expropriation of land and houses should not only follow the principle of "no expropriation without compensation", but also the principle of "compensation first, demolition (execution) later". Otherwise, the expropriated person has the right to refuse to relocate, and the expropriation authority cannot enforce it. The fundamental purpose of clarifying the principle of “compensation first, demolition (implementation) later” is to ensure the basic living or production and operation conditions of the expropriated people before receiving resettlement compensation after the land or houses are expropriated.

3. The Yingting Demolition Group learned that there are usually two situations in which the expropriated people receive resettlement compensation: first, the expropriation authority and the expropriated person reach an agreement on resettlement compensation and sign a resettlement compensation agreement, and the expropriation authority begins to actively perform relevant obligations in accordance with the resettlement compensation agreement; second, if an agreement cannot be reached with the expropriated person, the expropriation authority makes a compensation decision or compensation act in accordance with the law according to the land acquisition compensation and resettlement plan, that is, the resettlement location and area have been specified, and the compensation has been paid or stored in a special account. In practice, after the expropriation authority and the expropriated person reach a resettlement compensation agreement, the expropriated person takes the initiative to hand over the land or houses to the expropriation authority. The demolition behavior taken by the expropriation authority accordingly does not fall into the category of forced demolition. The legality and legitimacy of the demolition behavior are based on the voluntary disposition of the expropriated person after recognizing the resettlement compensation.

4. The transitional clauses for house expropriation compensation are the specific arrangements of the two parties regarding the transition method, transition period and transition costs after the house is demolished before actual resettlement. It is different from the main terms such as compensation method, compensation amount, resettlement location and area, which are the main content of expropriation compensation. The Yingting Demolition Team believes that the transitional clauses cannot fundamentally protect the resettlement compensation rights of the expropriated people, and a transitional agreement with only transitional clauses cannot replace it. The overall resettlement compensation agreement and the content of the transitional agreement that the houses will be handed over to the expropriation agency for demolition must be combined with the resettlement compensation agreement that clearly stipulates the main terms of expropriation and compensation before it can be used as the legal basis for the expropriation agency to demolish the expropriated houses. A transitional agreement signed only for transition issues, even if the content of the agreement stipulates that the houses will be demolished, cannot be used as the legal basis for the demolition of the expropriated houses before the expropriation agency completes the resettlement and compensation work.

5. Whether it is the expropriation of collective land or the expropriation of houses on state-owned land, the administrative agency shall apply to the People's Court for compulsory execution after completing the compensation and resettlement work. The administrative agency does not have the power to directly forcibly demolish the expropriated houses before obtaining the court's permission for compulsory execution. Even if the expropriated person has received resettlement compensation in accordance with the law or refuses to accept resettlement compensation without justifiable reasons, the expropriation agency must apply to the People's Court for compulsory execution in accordance with legal procedures if it wants to implement forced relocation and demolition.

Yingting reminds you:

In this case, merely signing a transitional agreement cannot serve as a legal basis for demolishing the expropriated house. Without applying for court enforcement, forced demolition is illegal. In practice, when the agreement is signed, the amount of compensation written is the amount you get in the end. When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.