administrative agreement

Currently, most illegal forced demolitions indicate that the demolition units are using intimidation and coercion against residents;
Use water supply, electricity supply, gas supply, heat supply, etc. to force the relocated people to relocate;
Or if the demolition unit organizes forced demolition without authorization, what is the legal liability for illegal demolition? fromGovernment demolition dispute lawyerProfessional analysis:

1. Criminal liability
Violent demolition is likely to cause personal injury to the expropriated person and damage to the house and property. The Criminal Law has specific provisions. According to Article 234 of the Criminal Law:
Anyone who intentionally harms another person's body constitutes the crime of intentional injury and may be sentenced to fixed-term imprisonment, life imprisonment or even death depending on the severity of the case.

According to Article 275 of the Criminal Law, if the amount of public or private property is intentionally destroyed, if the amount is relatively large or there are other particularly serious circumstances, it may constitute the crime of intentional destruction of property and be sentenced to a fixed-term imprisonment of not more than 7 years.
According to Article 245 of the Criminal Law, anyone who illegally searches another person's body or home or illegally invades another person's home shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

According to Article 246 of the Criminal Law, whoever openly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights.
2. Civil liability
First of all, it must be affirmed that the expropriating party's demolition of the expropriated person's house without legal procedures has violated the civil rights of the expropriated person, and the expropriating party should bear civil tort liability.

Those who experience disruptions such as water and power outages may be held civilly liable for damage to their property and personal injury.
According to the provisions of the "General Principles of the Civil Law" and other relevant laws, the expropriated party bears the burden of proof for the damage to the person and house property. If it is established, the expropriated party shall bear the responsibility for restoration to the original condition or discounted compensation. Other property losses and possible mental damage shall also be compensated.

Government demolition dispute lawyerHandled multiple complex dispute cases in the field of administrative litigation, with 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.

According to Article 117 of the General Principles of the Civil Law, whoever damages state or collective property or the property of others must be restored to its original state or compensated at a reduced price.
According to the provisions of Articles 117 and 119 of the General Principles of the Civil Law, if the state or collective property or the property of others is damaged, the property shall be returned or compensated at a discount;
If a citizen suffers physical damage, he shall be compensated for medical expenses, reduced income due to missed work, living allowance for the disabled, etc.;
If death is caused, funeral expenses, necessary living expenses of the deceased's dependents, etc. shall be paid.

According to Article 8 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts", if an infringement causes mental damage to a person and causes serious consequences, the people's court may order the infringer to bear civil responsibilities such as ceasing the infringement, restoring reputation, eliminating the impact, and making an apology.

At the request of the victim, the victim may also be ordered to compensate for the corresponding mental damage consolation money.
3. Administrative responsibilities
Administrative liability is a constraint on government departments that focus on expropriation. Especially for illegal forced demolitions, administrative violations can be investigated and additional state compensation can be made.
According to Article 38 of the Administrative Litigation Law:
“In administrative compensation and compensation cases, the plaintiff should provide evidence of the damage caused by administrative actions.

If the plaintiff is unable to provide evidence due to the defendant’s reasons, the defendant shall bear the burden of providing evidence.”
According to Article 27 of the Regulations on Expropriation and Compensation of Houses on State-owned Land:
“When implementing house expropriation, compensation shall be provided before relocation. After the municipal or county-level people’s government that made the decision on house expropriation compensates the expropriated persons, the expropriated persons shall complete the relocation within the relocation period specified in the compensation agreement or compensation decision.

No unit or individual may use violence, threats, or illegal means such as interrupting water supply, heat supply, gas supply, power supply, road traffic, etc. to force the expropriated person to relocate. Construction units are prohibited from participating in relocation activities."
According to Article 4 of the State Compensation Law:
"The statutory compulsory demolition procedures are complex and time-consuming" and other objective factors, but the demolition disputes involve a wide range of areas and involve the vital interests of the people.

When encountering illegal forced demolition, the demolished must learn to collect evidence in order to play a key role in later relief. If you have relevant questions, it is recommended to consult a lawyer in time and seek professional help.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you also want to know more about the government’s compensation methods for house demolition and how demolished households negotiate with the government, you can consult a government demolition dispute lawyer on this website for one-on-one online consultation.