Legal information

In the process of house expropriation and demolition, when "forced demolition" is mentioned, the first thing people think of is violent demolition and bloody scenes. But in fact, forced demolition can be divided into "legal demolition" and "illegal demolition." However, in our actual cases, many cases are illegal demolition. So, what is "legal demolition"? Encountered illegal demolition.

What should people do? Who has the power to demolish it? Let us find out together
The law is divided into "administrative forced demolition" and "judicial demolition." Administrative demolition targets illegal buildings, and judicial demolition targets legal buildings. Who has the right to carry out administrative demolition? According to the provisions of the Urban and Rural Planning Law, the subject with the power to carry out administrative demolition is the township people's government or the urban management department.

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Those located in the urban planning area will be demolished by the urban management department, and those not located in the urban planning area will be demolished by the township people's government.
The main powers exercised by the Land Bureau include:
1.Land Management Law of the People's Republic of China (Law)
2. Regulations for the Implementation of the Land Management Law (Administrative Regulations)
3. Administrative Punishment Measures for Land and Resources (Regulations)

It mainly formulates some rules on land administrative penalties and relevant legal provisions. Whether the Land and Resources Bureau has the right to demolish houses is legally stipulated. According to Articles 35 and 36 of the Land Management Law (not just these two articles), they have the right to implement all relevant penalties of the Land and Resources Bureau. They can demolish houses within a time limit and order demolition.

However, there is the following sentence: If the administrative agency that made the decision on punishment fails to demolish it within the time limit, the agency that made the decision on punishment shall apply to the People's Court for compulsory execution in accordance with the law. This sentence clarifies that the Bureau of Land and Resources has no enforcement power to carry out demolition. The Bureau of Land and Resources can apply to the People's Court for compulsory execution.
At this point, it is clear that the Bureau of Land and Resources only has the power to punish administrative actions, and it can punish relevant illegal incidents.

However, if administrative penalties are not fulfilled, there is no right of enforcement, and the right of enforcement shall be enforced by the people's court.

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 our Beijing land acquisition and demolition lawyers for one-on-one online consultation.