Legal information

Confirmation that an administrative act is illegal is a prerequisite for filing an administrative compensation lawsuit, but does it have to be confirmed by an effective judgment before a separate compensation lawsuit can be filed? In the case of administrative compensation between Yang and a certain district people's government, the Supreme People's Court gave relevant judgment opinions:
After Yang's house was demolished, he filed an administrative lawsuit with the local people's court regarding the local government's administrative coercion and administrative compensation.

In the administrative coercion case, the first-instance judgment confirmed that the local government's forced demolition was illegal, and the second-instance court upheld the original judgment for the same reason. However, in the administrative compensation case, the first-instance court rejected Yang's claim on the grounds that the illegal infringement facts during the first instance had not been confirmed by the effective judgment, so as to avoid the judicial process being idle; after the second-instance court held that although the illegal facts during the second instance had been confirmed by the effective judgment, Yang could still protect his own rights and interests by applying to the defendant or filing a separate administrative compensation lawsuit, so it upheld the first-instance ruling.

Yang was dissatisfied and applied to the Supreme People's Court for retrial. After hearing, the Supreme People's Court held that according to the principle of substantive settlement of administrative disputes by the People's Court and the relevant provisions of the State Compensation Law, if an administrative compensation applicant files an administrative lawsuit and requests administrative compensation together, he should make a substantive judgment on his compensation request in accordance with the law.

Corporate demolition law firm lawyers specialize in: rights protection of various types of houses and breeding farms and other building structures that are deemed illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

In this case, the first and second instance courts rejected Yang’s claim for administrative compensation against a district government, which was a disguised deprivation of the parties’ legal right to jointly file an administrative compensation lawsuit.
At this point, according to the provisions of Article 9 of the "State Compensation Law", the compensation claimant should first submit a compensation request to the agency responsible for compensation, but at the same time, he can also submit a compensation request when applying for administrative review or filing a lawsuit.

Therefore, whether to submit administrative compensation together with the lawsuit to confirm that the administrative act is illegal should be made by the parties themselves. It should not be mandatory for them to apply to the agency responsible for compensation before they can file a compensation lawsuit.
In fact, the aforementioned provisions can naturally ensure that the parties concerned obtain administrative compensation as quickly and efficiently as possible, but according to the author's experience, this method is not suitable for all situations.

In the cases that the author has actually participated in, litigants often wonder why they are not filing for compensation together with the litigation to confirm the illegality of administrative acts. In fact, most of these cases are expropriation and demolition cases. In different cases, lawyers need to consider the core purpose of maximizing the interests of the parties and determine different litigation strategies based on the nature of the case.

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 the administrative compensation cases of the Supreme Court, you can consult with the lawyers of the enterprise demolition law firm on this website for one-to-one online consultation.