Legal information

Article introduction: If your house is forcibly demolished, you must seek compensation from the state! Just give some demolition compensation!

1. Compensation is appropriate compensation

(1) Appropriate compensation

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. State liability for compensation arises based on "torts", infringements 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) Legal liability

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 compared with 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 Yingting Demolition Group learned that 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.