Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Home page >> Ying Ting Information >> Legal information
Article author:Yingting Lawyers Group | Update time:2023-06-06 | Reading times:164
With the advancement of urbanization, land acquisition and demolition are happening around us more and more frequently. It is understandable for the public interest. However, in reality, it is inevitable that some people are willing to risk the disapproval of the world out of various interests and forcibly demolish the houses of the people being expropriated or demolished. Faced with forced demolition, it is actually not that terrible. Let’s talk about how to deal with forced demolition.
**, ensure personal safety, and do not fight violence with violence: In the face of violent demolition, most people will fight the demolition party to the end, and will fight with bricks and kitchen knives. If they can't, they will hold gas tanks. However, the effect is often counterproductive. Once a public incident occurs, most tit-for-tat and violence-for-violence practices may lead to jail time.
2. Call the police in a timely manner and keep alarm records: People often think of calling the police as "Will it be useful? Will they take care of it?" We also received feedback from consultants that "there are police officers among the people being demolished." If the public security refuses to call the police, we can sue the public security department for inaction and determine the subject of forced demolition through the public security agency, paving the way for subsequent rights protection for demolition.
As for the police's participation in forced demolition, the law clearly stipulates that the public security department cannot participate in the demolition work. In such a situation, the first step is to retain evidence, including recording, videotaping or taking photos of the public security agency's participation in the demolition process. Secondly, it is necessary to file an administrative review or complaint with the higher government department and the public security department, and at the same time file an administrative lawsuit.
3. Take photos and videos of the demolition site and the subject of the demolition: No one wants to encounter violent demolition, but we still need to be prepared: take photos of the inside and outside of the house in advance to ensure that the photos or videos are clear and complete; cameras can be installed in hidden places around the house to take pictures of the demolition and demolition to identify the subject of the demolition.
Photos and videos taken at the demolition site must be preserved to prevent damage to the demolition party. The loss of evidence is not conducive to future rights protection. After the forced demolition is completed, the remaining bricks, rubble, and land must be well preserved. This is evidence for subsequent litigation and compensation. With the acceleration of urbanization, the scale of demolition will increase sharply. Faced with the illegal behavior of demolishers, many ordinary people choose to defend their rights independently, but because they do not understand the law, they often turn from victims to defendants.
It is recommended to hire a lawyer promptly to protect your rights and fight for your rights through legal means rather than violent confrontation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.