Legal information

Introduction to the article: Intentional injury, homicide, and dereliction of duty, what are the expropriations and forced demolitions that constitute these crimes?

1. Illegal demolition and expropriation of houses is suspected of criminal offenses

Houses were demolished without any prior notice, causing serious economic losses and sometimes involving personal casualties. Forcibly demolishing and expropriating a house without legal procedures may constitute a criminal offense. What crimes does it constitute? Illegal demolition and expropriation of houses is suspected of criminal offenses, such as intentional destruction of property, malfeasance, intentional injury, and intentional homicide.

2.Illegal forced demolition may constitute a crime of infringement of property and a crime of intentional destruction of property.

1. Ying Ting believes that according to Article 31 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, “Anyone who forces the expropriated person to relocate by illegal means such as violence, threats, or violation of regulations to interrupt water supply, heat supply, gas supply, power supply, and road access, causing losses, shall be liable for compensation in accordance with the law. The person in charge directly responsible and other persons shall be liable for compensation in accordance with the law. Those who are directly responsible shall be investigated for criminal liability in accordance with the law if the violation constitutes a crime. "In conjunction with the provisions of Article 68 of the Administrative Enforcement Law of the People's Republic of China, "Anyone who violates the provisions of this Law and causes losses to citizens, legal persons or other organizations shall be subject to criminal liability in accordance with the law."

2. In order to reduce the cost of demolition, some demolition departments often take illegal actions such as cutting off water, power, circuits, tearing down doors and windows, smashing windows or blocking keyholes to force them to sign. What's more, people's houses are destroyed, making it difficult for them to carry out their daily lives normally. If these acts of violent demolition involve the destruction of large amounts of property, they violate the crime of intentional destruction of property stipulated in the criminal law.

3. According to Article 275 of the Criminal Law of the People's Republic of China, the crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, involving a relatively large amount or other serious circumstances. The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime. Whoever intentionally destroys public or private property and the amount is relatively large or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The criminal behavior in the crime of intentional destruction of property is usually caused by some practical reasons. The perpetrator may be motivated by retaliation against the owner of the property, jealousy, or other similar targeted psychological attitudes. The purpose of the crime is to destroy the property and cause losses to the owner's property.

4. According to the provisions of this article, intentional destruction of public or private property will only constitute a crime if the amount is relatively large or the circumstances are serious. Therefore, whether the amount is relatively large or the circumstances are serious is the boundary between crime and non-crime. Intentional destruction of public or private property, if the amount is small and the circumstances are minor, is a general illegal act and should be followed in accordance with the provisions of Article 49 of the Public Security Administration Punishment Law: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days, and may be fined not more than one thousand yuan.

5. The so-called "serious circumstances" generally refer to the destruction or damage of important items and serious losses; the destruction or damage of public and private property with particularly bad means; the motive of placing blame on others, etc. The Yingting demolition team learned that if the legal property of others is forcibly demolished, it will be suspected of constituting the crime of intentional destruction of property. At this time, the amount of the crime of intentional destruction of property will be determined. If the intentional destruction of property exceeds 5,000 yuan, a case can be filed. At this time, you need to bear corresponding criminal liability.

3. Illegal forced demolition may constitute the crime of dereliction of duty

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 the house expropriation and compensation work, 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; if losses are caused, they shall be punished in accordance with the law. Bear liability for compensation; the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. "Land acquisition and demolition involve huge economic interests, so corruption is very easy to occur. Some relevant department personnel ignore relevant legal provisions, abuse their powers, expand the scope of their powers, and commit illegal demolition actions, and should be punished by law.

4. Illegal forced demolition may constitute crimes against the person, intentional injury, and intentional homicide.

The object of this type of crime infringement is mainly the personal rights of citizens, which specifically means that citizens' life, health and personal freedom are not subject to illegal infringement. The Yingting Demolition Group learned that Article 131 of the "Criminal Law of the People's Republic of China" stipulates, "The personal rights, democratic rights and other rights of citizens shall be protected from illegal infringement by any person or any agency. If the illegal infringement is serious, the person directly responsible shall be criminally punished. But in During the demolition process, it is not uncommon for demolition workers to directly enter the house of the person being expropriated to illegally demolish or forcibly demolish the house. This may constitute the crime of illegal intrusion into the residence, and if the person being demolished and his family are harmed due to the forced demolition, it may constitute the crime of intentional injury or intentional homicide.

Yingting reminds you:

When encountering land acquisition and demolition, if you are not satisfied with the behavior or compensation, or if you encounter illegal expropriation and demolition, there are only two ways to solve the problem: (1) Negotiate with the expropriation and demolition party. (2) Or take legal channels and file administrative reconsideration or administrative litigation. If you want to sue for illegal forced demolition, you need to file a lawsuit within 6 months. However, in forced demolition cases, the government sometimes does not provide written notice before carrying out forced demolition, or the documents issued do not remind the parties of their right to litigate. In this case, the parties can file a lawsuit within one year. Be careful not to miss the statute of limitations. 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.