Legal information

When the word "forced demolition" is mentioned, many demolished parties will feel very sad, because forced demolition means that their houses and residences will be lost, and the compensation will be lower. For many demolished parties, forced demolition is illegal."The house is mine, and you're going to demolish it without me even expressing an opinion. Where is the justice?"

From a legal perspective, the so-called forced demolition refers to the compulsory demolition of a house belonging to private property by the expropriating party without the consent of the property owner. This is a compulsory act by the administrative agency. Moreover, in our country today, the only legal forced demolition behavior is judicial demolition.

1. Confirm the illegal facts of the demolition process by the expropriating party

For example, does the expropriating party have an approval document for land acquisition, and has it issued a compensation decision for house expropriation? Has the expropriation notice and house expropriation decision been publicly announced? If forced demolition is carried out without these documents, we can confirm that this behavior of the expropriating party is illegal.

2. Determine whether there is a significant gap between the market value of your house and the compensation standard.

For example, is the property ownership certificate complete? How much is the surrounding house price per square meter? How big is your house and how much is the compensation standard per square meter? How big is the gap between the market price and the compensation standard?

From an objective point of view, you need to understand yourself and the other party and make plans in mind. It is necessary to negotiate with the expropriating party in a well-founded manner. In this case, you will have the bargaining power in your hands and will not be manipulated by the expropriating party.

3. Be rational and decisive, negotiate compensation with the expropriating party with a clear mind, and record the

Generally, before deciding on forced demolition, the expropriating party will negotiate with the expropriated party about three times, and the compensation standard will be changed. During every negotiation, everyone must record the audio and keep the evidence. This may reflect some of the words and signals about forced demolition that the expropriating party said earlier, which will be very beneficial to our later rights protection.

4. Transfer house documents in advance and protect the house well

If the expropriating party has a strong will to demolish the property, we should first transfer the property certificates and other legal procedures. These are direct evidence to prove the ownership of the house and must not be lost. Secondly, video and photos should be taken of the house to preserve evidence of its existence. Thirdly, be sure to leave someone at home to prevent the house from being forcibly or illegally demolished.

5. When forced demolition occurs, call the police first and keep a good record of the alarm.

Because after calling the police, a record can be formed, which is one of the evidences that can be used in later legal rights protection. Therefore, the audio of the alarm call must be recorded, and the police situation must also be photographed and recorded.

6. Do a good job in collecting first-hand evidence, using recordings, photos, videos, etc.

When forced demolitions occurred, they faced an influx of people, as well as excavators and other equipment. We must treat it calmly and not take strong measures. You still have family to take care of. You must think carefully and not be too reckless. Therefore, it is the best way to rationally record the facts of forced demolition, especially to record and take photos of identification signs such as the law enforcement officers' brochures. Or take photos and videos of an excavator knocking down a house. The above listed are all first-hand evidence materials at the scene.

7. Immediately file a lawsuit after forced demolition and use legal means to protect your rights.

In order to prevent missing the time limit for legal rights protection, everyone must not make trouble with the demolition party or file a petition. Someone comes to demolish your house and you still want to reason with them. Do you think this method is feasible?

In this case, the problem can only be solved through law. Organize and preserve this evidence. Get in touch with a professional demolition lawyer and let the lawyer intervene. Under the guidance of lawyers, administrative litigation was used to confirm the expropriating party's forced demolition behavior and illegal facts, and to obtain reasonable and fair compensation for demolition.