Legal information

Introduction to the article: Although our country’s laws clearly stipulate that it is illegal to defraud or force visa applicants by cutting off water, heat, gas, electricity, and blocking roads, such phenomena still exist. The Shi family encountered this situation. For forced demolitions and violent demolitions, the relevant responsible persons must bear corresponding legal responsibilities! The demolished people can apply for state administrative compensation!

Part One: Let’s move out without signing an agreement.

1. Two months ago, staff B and F from the demolition office came to Shi’s home and chatted with Shi’s wife for a long time. A few days later, B and F came to Shi's house again, and the conversation changed from a commonplace conversation to a more serious "topic of demolition." F said that she had just been transferred to work in the demolition office, and the work pressure was very high. If she did not do well, she might have to leave. B took out a resettlement compensation agreement and said that residents who relocated early would receive a reward of 80,000 yuan. This amount could be saved for Shi's grandson as a personal deposit for the child. F wanted to persuade Shi to sign and have his fingerprints pressed. Shi Mou and his wife discussed it and decided to agree to sign. At this time, Shi's son came back and prevented his parents from signing the compensation agreement. It said that only after investigation and research, it is found that the compensation is legal and reasonable, can it be signed. Because after signing an agreement, a relationship of rights and obligations is formed, and there is no going back on it. B and F left Shi’s home. Half a month later, Shi's family received a notice of demolition within a time limit. But no agreement was signed and no move was made. Later, the heating in Shi's home was cut off, as were the water and electricity. The people from the demolition office said that in order to unify management, they advised Shi to sign an agreement as soon as possible and vacate the house as soon as possible, otherwise the house would be demolished in a while and they could not stop it.

2. Shi found Ying Ting and asked what to do? Ying Ting suggested that Shi actively negotiate with the demolition party and sign if he feels that the resettlement compensation is more reasonable. If you think the compensation is too little, don't sign the agreement. Make preparations before forced demolition, take photos and videos of the inside and outside of the houses involved, take photos of the demolition site, and take photos of the staff organizing and implementing the demolition. The photos and videos on your phone are original evidence, so don’t delete them! Once a house is forcibly demolished, you can sue the demolishing party and demand compensation for losses.

Part 2: What are the legal provisions related to this case?

1. Article 32 of the "Regulations on House Expropriation and Compensation on State-owned Land" stipulates that if violence, threats and other methods are used to hinder the house expropriation and compensation work carried out in accordance with the law, which constitutes a crime, criminal liability shall be investigated in accordance with the law; if it constitutes a violation of public security management, public security management penalties shall be imposed in accordance with the law.

2. Article 31 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that if violence, threats, or illegal means such as interruption of water supply, heat supply, gas supply, power supply, and road access are used to force the expropriated person to relocate and cause losses, the person directly responsible and other directly responsible personnel shall be held liable for compensation in accordance with the law; if the person in charge and other directly responsible persons constitute a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be punished in accordance with the law; if it constitutes a violation of public security management, they shall be subject to public security management penalties in accordance with the law.

3. Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land stipulates that when implementing house expropriation, compensation should be paid first and then relocated. Ying Ting believes that after the people's government at the city or county level that made the decision to expropriate the house provides compensation to the expropriated person, the expropriated person should complete the relocation within the relocation period stipulated in the compensation agreement or determined in the compensation decision. No unit or individual may use violence, threats, or violate regulations to interrupt water supply, heat supply, gas supply, power supply, road access, or other illegal means to force the expropriated persons to relocate. Construction units are prohibited from participating in relocation activities.

4. Article 4 of the "State Compensation Law" stipulates that if administrative agencies and their staff infringe on property rights in any of the following circumstances when exercising administrative powers, the victim has the right to obtain compensation:

(1) Administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and business operations, and confiscation of property are illegally imposed;

(2) Administrative compulsory measures such as sealing up, detaining, freezing, etc. are illegally taken against property;

(3) Illegal expropriation or expropriation of property;

(4) Other illegal acts causing property damage.

5. Article 5 of the Law stipulates that the state shall not be liable for compensation under any of the following circumstances:

(1) Personal behaviors of administrative agency staff that have nothing to do with the exercise of their powers;

(2) Damage occurs due to the actions of citizens, legal persons and other organizations;

(3) Other situations stipulated by law.

6. According to the relevant laws and regulations of our country, the principle of “compensation first, relocation later” is implemented. Without signing a resettlement compensation agreement, and without paying any resettlement compensation and resettlement housing, forcing the demolished persons (expropriated persons) to relocate, or carrying out forced demolition in private without legal court judicial procedures, is obviously illegal and requires corresponding legal liability.

Yingting reminds you:

If you are facing land acquisition and demolition, you must stay clear-headed and follow the agreement no matter what. If the promise can be made verbally, then it must be written in the demolition compensation agreement, otherwise it cannot be signed. Because verbal promises have no legal effect. What can you do if you have objections to resettlement 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. 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.