Legal information

Introduction to the article: After the house was illegally demolished, the demolished people were only given some demolition compensation, and there was no mention of state compensation. Some demolished people do not know the difference between state compensation and demolition compensation, but they do not know that there is only a one-word difference, but there is a big difference in the final results. In fact, demolition compensation cannot replace state compensation!

1. What is the main difference between compensation and compensation?

(1) "Compensation liability" and "compensation liability" are essentially different

1. State compensation liability is a kind of "appropriate compensation" for losses caused by "lawful acts".

Ying Ting believes that the state's compensation liability refers to the obligation of the state to make appropriate compensation for the loss of the legitimate rights and interests of citizens, legal persons or other organizations due to the legitimate exercise of powers by state agencies and their staff or other statutory reasons in order to protect public interests. In the "State Compensation Law", the state's compensation liability is not explicitly stipulated. Instead, the relevant content of compensation is reflected in multiple laws and regulations through the "diversified liability principle".

2. Liability for compensation arises based on "torts", which are "illegal acts", and state compensation has a disciplinary effect.

The subject of state liability is the state, not individual state agency staff. In the state liability for compensation, those who commit infringements are state agency staff or other public servants. Since they committed infringements while performing official duties, the subject of performing the compensation obligation is the state agency, and the compensation is uniformly spent by the state treasury.

(2) The contents of “liability for compensation” and “liability for compensation” are different

1. The no-fault principle applies to state compensation liability, with the basic purpose of making up for losses and restoring fairness. Compensation can be made before the loss occurs or after the loss occurs. State compensation can be obtained through several channels such as non-litigation negotiation, administrative review, and administrative litigation.

2. The state’s liability for compensation applies to various liability principles such as illegal liability, fault liability and result liability. The purpose of pursuing compensation liability is to restore the status quo of legal behavior. And only if losses are actually incurred due to infringement, state compensation can be made. To file a lawsuit for state compensation is to start the judicial process.

2. What are the advantages of compensation?

If the demolition party illegally demolishes a legal building, the demolished person can apply for state compensation. However, demolition compensation cannot be used to replace state compensation to perfunctory the demolished people. Because compensation and compensation are not only different in nature, the final amount of money obtained may be very different. The compensation procedure can usually only be based on the market price "at the time when the expropriation and demolition decision is announced", while state compensation can restore the status quo of legal behavior, and compensation is based on the principle that it is conducive to the right holder to receive full compensation. For example, if the demolition party announced a time-limited demolition decision in 2015 and did not follow legal procedures, they would immediately forcibly demolish the houses of the people being demolished. The demolished persons have been safeguarding their legitimate rights and interests through various means. By 2019, the house has been forcibly demolished for four years. During these four years, real estate prices have continued to soar, and the total price of the house has increased from one million yuan to more than four million yuan. At this time, compensation cannot be based on the housing price in 2015, but should be compensated based on the housing market price in 2019.

3. If the property is illegally demolished, the other party may be held accountable for administrative and criminal liability.

The demolition party must bear legal responsibility for its actions, whether it is a procedural violation or a substantive violation. Specifically, it can be divided into administrative tort liability, administrative liability, criminal liability and disciplinary liability. Administrative tort liability means that demolished persons can file for state compensation for illegal forced demolitions. The Yingting Demolition Group believes that administrative responsibility means that you can file an administrative review or administrative lawsuit against forced demolition. The results of administrative reconsideration and administrative litigation will be reflected in the assessment of the person in charge of the relevant administrative agency. In addition, reports can also be made to request higher-level agencies to supervise illegal activities of lower-level agencies. If the actions of the demolition party cause serious losses to the demolition party, or the demolition behavior causes personal injury to the demolition party, then the relevant person in charge may be guilty of dereliction of duty, abuse of power or intentional injury. The demolished persons can also complain and report to the procuratorate, requesting that the relevant responsible persons be investigated and punished, and the relevant personnel be held accountable for disciplinary violations.

Yingting reminds you:

According to the relevant laws and regulations of our country, if the expropriated party suffers losses due to the illegal behavior of the expropriating party, he shall bear financial compensation liability. If violence, threats, water, heat, gas, electricity, and road obstruction are used to force the expropriated person to relocate, causing economic losses, the responsible party shall be liable for compensation. 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).