Legal information

Article introduction: Demolition hearing refers to the behavior in which the house demolition department organizes relevant personnel to participate and listen to the statements, defense and cross-examination of the demolition parties on issues related to forced demolition. So, can land be expropriated without going through the hearing process?

1. If the demolisher applies for administrative compulsory demolition, the house demolition management department will accept the application if it meets the conditions, organize the demolition parties and relevant personnel to conduct a hearing, and then apply to the people's government at the same level for administrative compulsory demolition.

2. The Yingting Demolition Team learned that the house demolition management department organizes a hearing on compulsory house demolition, and announces the time, location, method, etc. of the hearing to the public 7 days before the hearing, and at the same time serves a "Notice of Hearing on Compulsory House Demolition" to relevant persons involved in the hearing.

3. Participants in the hearing on forced house demolition include the parties involved in the demolition, the personnel handling the original house demolition ruling and other relevant personnel. Relevant management departments and representatives with social credibility may also be invited to participate.

4. The procedures for forced demolition hearings are as follows.

1. The hearing recorder announces the hearing discipline.

2. The hearing host announces the reason for the hearing, inquires and verifies the identities of the parties and their agents, informs the hearing participants of their rights in the hearing, and announces the start of the hearing.

3. The person handling the original house demolition ruling shall state the facts, reasons and basis for the implementation of administrative compulsory house demolition.

4. Both parties make their defenses.

5. The hearing host conducts inquiries and investigations on relevant issues.

6. The parties make final statements.

7. The hearing host announces the end of the hearing.

5. The house demolition records shall be checked on the spot by the demolition parties and the original house demolition adjudication personnel, and the signatures shall be approved if they are correct. If the demolition party refuses to sign or seal, the hearing host shall record his name in the transcript.

6. After the hearing, the host shall fill in the "Hearing Opinions on Compulsory House Demolition".

7. Ying Ting believes that after the hearing is over, the house demolition department will report the hearing on forced house demolition to the Legal Affairs Office of the people's government at the same level for record.

Yingting reminds you:

After the announcement of the proposed expropriation is published, if you have objections to it, you can raise an objection through the hearing process. After the official resettlement compensation plan is announced, if you have objections to the resettlement compensation, what can you do? 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. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.