Legal information

Introduction to the article: After the city or county-level people's government that made the decision to expropriate houses provides compensation to the expropriated persons, the expropriated persons shall 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. The act of forcing demolition by taking measures such as violent coercion, cutting off water, electricity and circuits is illegal demolition. Illegal demolition will result in administrative liability, criminal liability, disciplinary liability, etc.!

1. The principle of inversion of the burden of proof shall be implemented for state compensation for illegally demolished houses.

Article 38 of the "Administrative Litigation Law" stipulates: "In cases of administrative compensation and compensation, the plaintiff shall provide evidence of the damage caused by administrative actions. If the plaintiff is unable to provide evidence due to the defendant's fault, the defendant shall bear the burden of proof." In other words, during the process of forced demolition, the administrative agency shall properly handle and preserve evidence in accordance with the law to prove that it has fulfilled its obligations during the forced demolition process and has properly disposed of the legal property of the demolished person involved in the building involved. The Yingting Demolition Team learned that if the administrative agency fails to provide any relevant evidence, it should be deemed that the burden of proof has not been fulfilled. The demolished persons only provided on-site photos, videos, recordings and a list of property losses, etc. They have exhausted all means of evidence and proved the loss of movable property. Even if it is impossible to prove the specific amount of loss, the administrative agency should bear the consequences of the failure to prove it and bear the liability for compensation.

2. It is illegal to force demolition by threats of violence or other means.

Article 27 of the Regulations on House Expropriation and Compensation on State-Owned Land stipulates: “When implementing house expropriation, compensation shall be given first and then relocation shall be carried out.

After the people's government at the city or county level that made the house expropriation decision provides compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period specified in the compensation agreement or 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. ” It can be seen from the above legal provisions that the act of forcibly demolishing a building is illegal demolition, and the demolished person has the right to file for state compensation.

3. If there is illegal demolition and expropriation, compensation shall be paid to the persons affected by demolition and expropriation.

Article 4 of the "State Compensation Law" stipulates: "If administrative agencies and their staff infringe on property rights in any of the following circumstances when exercising their administrative powers, the victim has the right to obtain compensation. (1) Illegal administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and operations, and confiscation of property. (2) Illegal administrative enforcement measures such as sealing, detaining, freezing, etc. on property. (3) Illegal expropriation and requisition of property. (4) Other illegal acts that cause property damage." In legal practice and judicial adjudication practice, the relevant provisions on expropriation shall apply to the losses caused to the demolished persons due to demolition.

4. Regarding the behavior of the demolition party, Ying Ting believes that whether it is a procedural violation or a substantive violation, he must bear legal responsibility. Specifically, it can be divided into administrative tort liability, administrative liability, criminal liability and disciplinary liability.

(1) Administrative tort liability: This means that the demolished persons can file for state compensation for illegal forced demolitions.

(2) Administrative liability: You can file an administrative review or administrative lawsuit against the 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.

(3) Reporting: Requesting higher-level agencies to supervise illegal activities of lower-level agencies. 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.

(4) Criminal liability: If the actions of the demolishing party cause serious losses to the demolished party, or the demolition behavior causes personal injury to the demolished party, then the relevant person in charge may be guilty of dereliction of duty, abuse of power or intentional injury.

Yingting reminds you:

When you sign the agreement, the amount of compensation you write is the amount you get in the end. When facing demolition, you must stay clear-headed and follow the content of the agreement. If you make a verbal commitment, it must be written in the demolition compensation agreement, otherwise you will definitely not sign it. Because verbal promises have no legal effect. If you have objections to resettlement compensation, 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. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation. If the expropriating and demolition party takes illegal demolition, illegally damages property, harms personal safety, etc., it may face legal consequences of criminal liability.