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...
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Article author:Yingting Lawyers Group | Update time:2023-06-13 | Reading times:241
As the pace of urban construction in our country accelerates, more and more urban and rural houses are demolished. However, ordinary people also encounter many problems during demolition, such as unreasonable compensation, illegal demolition, etc. So if we encounter unfair treatment during demolition, how should we protect our legitimate rights and interests? How do I remove rights? Early understanding never hurts.
01. Protect yourself safely, calmly and rationally. Always stay calm and rational. During forced demolition, you must protect your personal and property safety. Then use your mobile phone to take photos, videos and other functions to retain evidence in case you file an administrative lawsuit with a Beijing factory demolition lawyer in the future. Seek professional legal advice, understand relevant laws and regulations, and safeguard your own interests to the best of your ability.
02. Find out the illegal points of the administrative agencies as bargaining chips. During the demolition process, the demolishers sometimes don’t know what went wrong, such as inconsistent subjects, illegal permits, illegal evaluation procedures, etc. And they are afraid that if they lose the lawsuit, the entire demolition will suffer great losses. When you discover the illegal points of the demolition households, you will naturally have an important bargaining chip to protect their rights.
Beijing factory demolition lawyers focus on administrative litigation and rights protection cases for medium and large enterprises, and have boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. They have solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and have won the trust of the majority of business owners.
03. Take the initiative to request relevant expropriation documents from the demolition department. The documents collected include: land acquisition announcement, resettlement compensation plan, expropriation decision, expropriation compensation decision, etc. The demolished people can file for relief against the above documents, including administrative review and administrative litigation. Pay special attention to the review period of 60 days and the prosecution period of 6 months, including individual special circumstances.
04. For agreements with unreasonable compensation standards, do not hastily sign or submit certificates. When a demolition agreement is signed and the contract becomes effective, it means that both parties to the demolition have reached an agreement on the content of the contract. Once an agreement is signed, it means that there is no way to increase the compensation through legal channels. Some demolition departments will seize the property certificate and land certificate of the demolished person in the name of renewing the certificate or registration certificate.
At this time, you must pay attention and try to hand over copies as much as possible, otherwise the demolished people will face difficulties in providing evidence. However, if you do not sign, you cannot keep delaying until the house is to be demolished, and it will be more difficult to protect your rights. A good way is to file legal proceedings as soon as possible before the house is demolished. In addition, during the process of defending rights, the demolishing party often takes measures such as intimidation, threats, water and electricity cuts, and even major administrative penalties.
Faced with these measures, some expropriated people always choose to compromise. Therefore, it is important to protect the rights of the demolished people and have a strong ability to withstand pressure. In short, the demolished people must establish legal awareness, believe in our legal norms, and believe in justice. Every demolished person should have a belief in his heart that conflicts caused by demolition can be resolved through the 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.