Legal information

Today, as national laws and regulations are becoming more and more perfect, land acquisition and demolition should be a happy thing. Generous compensation for demolition has allowed many expropriated people to live a happy life. However, in some places, due to historical, customary and other reasons, many old houses do not have real estate certificates and can easily be "illegally built", leading to forced demolition. So what are the legal consequences of such forced demolition of undocumented houses? .

In the practice of demolition, the parties involved in illegal expropriation are often too arbitrary. Direct demolition is illegal. Even if it is an illegal building, it does not mean that it must be demolished through legal procedures. If buildings in various places can be identified and demolished at will, how can the interests of the parties be protected? According to Article 44 of the Administrative Enforcement Law, if illegal buildings, structures, facilities, etc.

If compulsory demolition is required, the administrative agency shall make an announcement and the party concerned shall demolish it on his own within a time limit. If the party does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit and does not demolish it, the administrative agency may force the demolition in accordance with the law. Therefore, before demolishing an illegal building, the demolisher shall make an administrative decision, supervise, and implement the decision.

If an administrative agency fails to demolish an illegal building in accordance with legal procedures, resulting in increased losses to the counterparty, the administrative agency shall compensate for the expanded losses. The legal provisions on forced demolition include: 1. Criminal liability 1. Causing injuries to the persons being demolished; 2. Causing property losses to the persons being demolished; 3. Breaking into private residences;

4. Use insults and slander to personally attack the demolished persons. 2. Civil liability. Developers and demolishers forcibly demolish the houses of the demolished persons without due legal procedures, which infringes upon the civil rights of the demolished persons. The demolished persons shall bear civil tort liability. 3. Administrative liability. For illegal demolition, according to the "Work Regulations for Administrative Adjudication of Urban House Demolition", the city and county housing demolition management department where the house is demolished shall order the demolisher to stop the demolition and impose administrative penalties in accordance with the law.

103010 Article 78 If a unit or individual who does not have the authority to approve the expropriation or use of land illegally approves the occupation of land, exceeds the approval authority and illegally approves the occupation of land, fails to approve the use of land in accordance with the purposes determined in the overall land use plan, or approves the use of land in violation of the procedures prescribed by law, the approval document shall be invalid. The person directly responsible for the illegal approval of expropriation or use of land and other directly responsible personnel shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

If the land illegally approved for use should be recovered and the party concerned refuses to return it, it will be treated as illegal occupation of land. If the land is illegally approved to be requisitioned and used, causing losses to the party concerned, the party concerned shall bear the liability for compensation according to law.

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.