Enterprise demolition

Forced demolition has become quite common in recent years, and is highly controversial. If the person being demolished or the lessee fails to relocate within the relocation period stipulated in the ruling, the Municipal People's Government should instruct the relevant departments to implement forced relocation, or the housing demolition department should apply to the People's Court for forced relocation in accordance with the law. So what should we do if our house is forcibly demolished? .

If the house of the demolished person is legally demolished, he can raise an objection to the execution in accordance with the relevant procedures of the Civil Procedure Law. The court will review the objection or hold a hearing and finally make a ruling. The legal procedures for legal forced demolition follow legal procedures. The legal procedures for legal forced demolition are reflected in the relevant provisions of the "People's Court's Interpretation of Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China".

According to the provisions of this interpretation, forced demolition, as a specific administrative act, has two forms of execution: one is non-litigation execution, and the other is litigation execution. There are two corresponding procedures. Non-litigation execution is the administrative agency's application for forced demolition and the right holder. According to the relevant laws of our country, if the demolished person does not agree to the demolition and the demolition department forces the demolition, and the demolished person refuses to accept the forced demolition, he or she may apply for administrative reconsideration or file an administrative lawsuit.

People’s houses can’t be demolished for free, and they won’t get any money. When we confirm that expropriation is illegal, we can obtain our own reasonable compensation through negotiation, application for compensation and resettlement or state compensation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.The law firm is mainly engaged in administrative litigation of large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues, including legal services involving investment projects, corporate relocation, land recovery, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy, etc. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.