Yingting news

Court opening announcement:The plaintiff Qin xx, represented by our lawyers Wang Qingfeng and Lu Jianan, sued the defendant Yuyang Town People's Government of Jizhou District, Tianjin City. The case of confirming the defendant's forced demolition to compensate for losses will be heard at the Tenth Trial Court of the People's Court of Jizhou District, Tianjin City at 15:30 on May 9, 2019.
Brief introduction to the case:
The plaintiff's house on the homestead was forcibly demolished. After filing relevant litigation proceedings, the Tianjin Jizhou District People's Court issued an effective judgment (2017) Jin 0119 Xingchu No. 1 "Administrative Judgment" on March 20, 2017, confirming that the Yuyang Town People's Government's forcible demolition of the plaintiff's house was illegal. The plaintiff mailed the "State Compensation Application" and related materials to the defendant on April 19, 2018. On May 10, 2018, the plaintiff received the "State Compensation Application Reply" from the defendant, stating that the plaintiff's state compensation request was clearly informed that no compensation would be provided. The reason was that the houses built by the plaintiff without the approval of the planning authority violated the "Urban and Rural Planning of the People's Republic of China" and "Heavenly Plan". According to the Tianjin Urban and Rural Planning Regulations and other provisions, in accordance with the basic principles of liability and constituent elements of the state compensation system determined in Article 2, Paragraph 1 of the "State Compensation Law of the People's Republic of China", it does not meet the damage result elements in the constituent elements of state compensation. Although the defendant's forced demolition of the plaintiff's illegal building was confirmed to be procedurally illegal, it did not infringe upon the plaintiff's legitimate rights and interests, and there was no need for state compensation. The plaintiff believes that according to Article 2 of the "State Compensation Law of the People's Republic of China" "State agencies and state agency staff, in exercising their powers, infringe upon the legitimate rights and interests of citizens, legal persons and other organizations as stipulated in this law, causing damage, the victim has the right to obtain state compensation in accordance with this law." The plaintiff's house was lost and should be restored to its original condition, so it filed a lawsuit with the People's Court. This case is currently under trial.