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...
Home page >> Ying Ting Information >> Legal information
Article author:Yingting Lawyers Group | Update time:2023-07-31 | Reading times:208
How to formulate documents stipulating the hearing procedures for administrative compulsory demolition?
1. If the demolisher applies for administrative compulsory demolition, if the house demolition management department meets the conditions after review, the application will be accepted, and the demolition parties and relevant personnel will be organized to conduct a hearing before applying to the people's government at the same level for demolition;
2. The house demolition management department organizes a hearing on forced house demolition, announces the time, location, method, etc. of the hearing to the public 7 days before the hearing, and at the same time serves the "House Demolition Hearing" to the relevant persons involved in the hearing;
3. Persons participating in the hearing of compulsory house demolition include the parties involved in the demolition, the original house demolition ruling handlers and other relevant personnel; relevant management departments and reputable representatives may also be invited;
4. Compulsory demolition hearing procedures:
(1) The hearing recorder announces the hearing discipline;
(2) The hearing host announces the reasons for the hearing, inquires and verifies the identity of the parties and their agents, informs the hearing participants of the rights of those participating in the hearing, and announces the start of the hearing;
(3) The executor of the original house demolition judgment states the facts, reasons and basis for the implementation of administrative compulsory demolition;
(4) Both parties make arguments;
(5) The hearing coordinator provides consultation and investigation on relevant issues;
(6) Final statements of both parties;
(7) The hearing coordinator announces the end of the hearing
5. The house demolition record shall be verified on the spot by the person in charge of the demolition party and the original house demolition management department, and the verified signature shall be approved.
If the house demolisher refuses to sign or seal, the hearing officer shall record it in the record;
6. After the hearing, the host fills out the "Hearing Opinions on Compulsory House Demolition";
7. After the hearing, the house demolition management department shall submit the demolition hearing report to the Legislative Affairs Office of the people's government at the same level.
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 with Yingting administrative litigation lawyers for one-on-one online consultation.
Previous article:What is the calculation standard for housing demolition compensation?
Next article:After the rented house is demolished, will the tenant be compensated if the house is demolished?