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...
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Article author:Yingting Lawyers Group | Update time:2023-06-28 | Reading times:1316
Expropriation and demolition work is a common thing in China, but due to the complexity of the work, various conflicts and problems arise between the people and the demolition party, and even the demolition party does not provide compensation. So what should we do in this case? Here are three ways to solve this problem
(1) Resolve through negotiation:
The demolished people can first negotiate with the demolished people about compensation matters, whether the compensation can be paid in installments by agreeing on the time limit, payment method, payment amount, etc.
After negotiation, the compensation agreement is re-signed to ease the conflict between the two parties, and both parties make concessions to achieve a negotiated settlement.
(2) Submit a coordination application to the municipal or county people’s government:
When the demolished people submit a coordination application to the municipal or county people's government, they should be reminded of the materials that the demolished people have promised to compensate (generally refers to the signed compensation agreement) and the evidence that the demolished people currently refuse to pay (generally refers to recordings and materials issued stating that they will not pay).
Professional fields of corporate demolition lawyers: legal services for rights protection of various types of houses and breeding farms and other building structures that are deemed to be 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.
They should be submitted together, so as to facilitate coordination and resolution. According to the provisions of Article 25 of my country's "Regulations on the Implementation of the Land Management Law of the People's Republic of China": If there is a dispute over the compensation standard, it shall be coordinated and resolved by the local people's government at or above the county level; if coordination fails, the people's government that approved the land acquisition shall decide that the land acquisition and demolition dispute will not affect the implementation of the land acquisition plan.
(3) Conduct administrative reconsideration or initiate administrative litigation:
After negotiation or government mediation, if the person is not satisfied with the ruling, the person being demolished must apply for administrative reconsideration in accordance with the law within 60 days from the date of receipt of the ruling, or file an administrative lawsuit with the People's Court within 3 months. If the person being demolished is dissatisfied with the ruling, he must apply for administrative review first, but if he is still dissatisfied with the administrative review, the person being demolished must file a lawsuit with the People's Court within 15 days from the date of receiving the administrative review decision.
I would like to remind everyone that once you encounter problems such as unreasonable compensation, forced demolition, non-payment of compensation, etc., you must promptly understand the relevant legal knowledge, or seek the help of a professional corporate demolition lawyer in a timely manner, and effectively protect your rights through legal weapons.
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.
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