Legal information

As we all know, house demolition can only be carried out with the consent of the house owner. In the face of unsatisfactory compensation, many people being demolished choose not to sign an agreement. So, can house demolition be carried out without signing an agreement? If the person being demolished does not sign the agreement, it does not mean that the house is saved. The expropriating party can demolish your house through judicial demolition.

So, under what circumstances can one apply for judicial demolition?
According to Article 28 of 103010, if the expropriated person does not apply for administrative review or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county people's government that made the house expropriation compensation decision shall apply to the People's Court for compulsory execution in accordance with the law.

In other words, after receiving the compensation decision, if the expropriated party passively defends its rights, fails to apply for reconsideration or file a lawsuit in time, and fails to relocate within the specified period, it may face judicial demolition. However, applying for judicial demolition is subject to time and material restrictions. Let us take a look at the conditions and content of applying for compulsory execution. At the same time, how can judicial demolitions provide relief? .

In terms of time, Article 53 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that if the party concerned does not apply for administrative review or initiate administrative litigation within the statutory time limit, and does not implement the administrative decision, the administrative agency without administrative enforcement power may apply to the People's Court for enforcement within three months from the expiration of the time limit in accordance with the provisions of this chapter.

Beijing house demolition lawyers have handled many complex dispute cases in the field of administrative litigation and have profound theoretical foundation and practical experience. Use solid legal knowledge and theoretical literacy to study a series of legal issues in administrative litigation, and have accumulated rich experience in handling cases in many aspects such as house demolition disputes, agricultural land expropriation and conversion disputes, illegal construction disputes, administrative agreements, administrative promises, land rights confirmation, land contract contracts, civil contracts, etc. We always practice the concepts of rigorous, realistic, civilized and just rule of law and strive to safeguard the legitimate rights and interests of our clients.

Judging from the materials, Article 55 of the Administrative Enforcement Law stipulates that when an administrative agency applies for compulsory execution to the People’s Court, it shall provide the following materials:
(1) Apply for compulsory execution;
(2) Administrative decisions and the facts, reasons and basis for the decisions;
(3) Opinions of the parties and the situation of the administrative agencies;
(4) The subject matter of the application for compulsory execution;
(5) Other materials specified by laws and administrative regulations.

The application for compulsory execution should be signed by the person in charge of the administrative agency, stamped with the seal of the administrative agency, and dated. The application for compulsory execution should also be accompanied by information such as the amount of compensation, a special account number, the location and area of the property rights exchange house and the turnover house. In other words, if these conditions are met, the house may face judicial demolition. At the same time, there is another issue worthy of attention.

Article 60 of the Administrative Enforcement Law stipulates:
If the administrative agency applies to the people's court for compulsory execution without paying the application fee, the enforcement costs will be borne by the person subject to execution. In other words, even if the house is demolished, you will have to pay the cost of enforcement. How can people who are demolished after their houses are judicially demolished get out of trouble? After the judicial application for forced demolition was approved by the court, forced demolition was unstoppable.

At this time, the party being expropriated should check whether its implementation is legal. According to relevant legal provisions, judicial demolition is generally organized and implemented by the city or county people's government that made the compensation decision after it is approved by the court. During the process of forced demolition, the person being expropriated can find the illegal points of the executor of forced demolition in the process of forced demolition in accordance with the relevant provisions of Article 250 of the "Administrative Enforcement Law".

In the future, judicial forced demolitions can request higher demolition compensation by applying for administrative review or direct litigation. However, the determination of relevant conditions must comply with the law. If the house itself is illegal, then the demolition compensation standard cannot be increased.
Lawyers remind you that not signing an agreement will not help you increase your compensation. If you are not satisfied with the agreement, it is recommended to deal with it promptly through legal channels. If you have any questions related to House Demolition Compensation and Resettlement Agreement | House Demolition Monetary Compensation Agreement | House Demolition Compensation and Resettlement Agreement Sample, please consult a house demolition lawyer online for Q&A in a timely manner

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.