Legal information

Regarding the determination of compensation, if the demolished people have objections, they naturally have the right to refuse to sign for relocation. However, the problem is that in order to complete their tasks and achieve their own goals, the demolishing party sometimes does not necessarily take into account the wishes of the demolished people and will use all means such as coaxing, threats, coercion, and coercion. If the demolished people want to win on the issue of compensation, they must fully understand these methods, be vigilant, and dare to oppose.

Method 1: Offer high relocation rewards step-by-step for a limited time to cheat the relocation
Some demolition parties may set a certain signing period. The earlier the compensation agreement is signed, the higher the bonus. As the signing time goes by, the bonus will gradually decrease. If the contract is overdue, there will be no bonus. This is a limited-time stepped high relocation bonus.

Especially in practice, some people don’t know the law or what reasonable compensation is, but they definitely don’t want to see a high reward just slip away, so they sign it in a daze.
In this case, the demolished people should be alert to the existence of traps. In fact, many times, the so-called "high rewards" come from the reasonable compensation that the demolished people should have received. The expropriating party forcibly converts the compensation of the house value into the so-called "bonus" to induce the demolished people to sign an agreement.

This is obviously an "obsolete" existence, and the "bonus" at this time has become a means for the demolition party to reduce compensation.
I would like to remind everyone to have a long-term awareness in the face of high demolition incentives, and not to give up greater interests because of the confusion of immediate interests. This requires everyone to understand the relevant legal knowledge and have a general understanding of the normal and reasonable compensation standards for houses. The signing of the agreement must be based on reasonable demolition compensation.

Method 2: cut off water, power, and forced relocation
If the demolished people are unwilling to relocate, they are likely to be forced to relocate through illegal means such as water and power outages. From a practical point of view, because some of the demolished people do not understand the law, they often do not know how to deal with forced demolition. When their normal life and production and operation are hindered, they are either forced to move or violently resist, which will ultimately fail to bring about a relatively good result.

"Cutting off water and electricity" can achieve a good effect of forced demolition for the expropriated people, but it clearly violates the provisions of Article 27 of the State Council Order No. 590. The demolished people cannot tolerate prohibited or prohibited illegal activities, let alone compromise. It is recommended that legal means be decisively used to safeguard rights in accordance with the law and strive for fair and reasonable compensation for demolition.

Method 3: Not signing the agreement and forcibly transferring the money to the account
Before the settlement has been settled and the demolisher doesn't want to sign, the demolisher will directly transfer the money to the account. "Money" itself is very tempting and can be used in his own account at any time. Many people who have been demolished cannot resist. Some people who have been demolished mistakenly believe that the money is in the account and it is a foregone conclusion with no possibility of change, so they leave it to fate to fight for it.

In fact, on the other hand, if this is the case, does it mean that as long as the two sides are in a stalemate, all the demolition parties can solve the problem as long as they are forced to pay money. Then why do we need so many legal stripes? In fact, if the money is really used, it will be found by the demolition party.
I would like to remind everyone that payment has been compulsory, but the compensation itself is unreasonable and you will not accept it.

The business areas of the enterprise demolition law firm include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

Then don't touch the money. If you have it, you will have a factual behavior, which can usually be regarded as accepting compensation. If you want to protect your rights before, you will be very passive. Once again, the demolition party's next action after making money is likely to be forced demolition. The previous money-making behavior is meaningless without demolition. Therefore, after being "beaten", everyone must make a plan to protect their rights through legal channels, collect various illegal evidence of the other party, and contact professional lawyers in time to obtain accurate rights protection suggestions and strategies.

meansFour: Promote demolition through demolition

The demolition party is used to this trick. If some of the demolished people fail to apply for relevant documents in time due to various reasons, or
In this regard, the demolished people must understand that whether there is a certificate cannot be used as an absolute basis to judge whether the construction is illegal. Many houses without certificates are caused by problems left over from history. Some houses meet the construction conditions at that time but do not comply with current laws, etc.

None of these can be regarded as illegal construction in the true sense. Whether illegal construction requires comprehensive analysis of multiple factors. If the demolition party is one-size-fits-all, it will be their loss. Do not compromise easily when the demolished people hear "illegal construction". Furthermore, there are strict legal procedures for identifying illegal construction. If the expropriator does not abide by the law, the people's congress of the demolished people can sue to defend their rights.

Method 5: If negotiation fails, violent demolition will be carried out
It is also very common in practice to directly demolish the building if they cannot reach an agreement. In this case, the demolishers often know that their actions are illegal, but they dare to break the law because some of the demolished people dare not sue the people, do not understand the law, and do not know how to defend their rights. Generally, the demolished people cannot stop the violent demolition, and the demolished houses, residences, and compensation are all in vain, and the legitimate rights and interests are seriously damaged.

However, in the face of violent demolition, we are by no means helpless. When encountering violent demolition, the demolished people should call the police immediately, pay attention to the filming and evidence collection of the demolition scene, and promptly initiate legal procedures afterwards. It is obvious that the illegal behavior of the demolisher to directly administratively demolish the demolition person is filed in a timely manner. The legal basis for protecting the legitimate rights and interests of the demolished person is sufficient, and reasonable compensation is inevitable.

So, what should the demolished people do if they are not satisfied with the compensation?
If you are not satisfied with the compensation, a good solution is to continue negotiations to reach an agreement, which is a happy thing for both parties. Therefore, after refusing to sign an unreasonable agreement, the person being demolished should not do nothing but take the initiative.

One thing you need to do is to increase your bargaining power. Land acquisition involves many legal procedures and principles. The demolishing party may not be able to fully abide by the law in this process. At this time, some of the other party's illegal points are also bargaining chips. The demolished party can apply for government information disclosure, collect information related to this expropriation, find out evidence of the illegal behavior of the demolished party, file an administrative review or administrative lawsuit against these illegal acts, and use compulsory judicial judgment to confirm the illegal behavior of the demolished party, thereby exerting pressure on the demolished party.

Generally speaking, when rights protection reaches this stage, the demolishing party may take the initiative to bring the game back to the negotiation table. At this time, the situation is obviously beneficial to the demolished people, and everyone should seize the opportunity.
Of course, only when the people being demolished truly grasp the "pain points" of the other party can rights protection be more effective. The people being demolished should consult more lawyers and professional demolition lawyers and let the lawyers help them.

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.