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:2023-06-09 | Reading times:1148
According to Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land: “Compensation shall be given before relocation is carried out when houses are expropriated.” However, in real life, when compensation is not met, forced demolition of houses still exists. Faced with this phenomenon, which departments should be contacted for house demolition? How can I protect my rights?
Today we will explain how to protect your rights.
1. Organize evidence materials:
The first thing to do is to collect evidence to prove the house, such as photos, videos and other materials, plus reference evidence to mainly prove the following four aspects:
1. The fact that the house exists;
2. House value before forced demolition (interior decoration, etc.);
3. The fact that the house was demolished;
4. People who demolish houses.
The professional fields of Yingting Lawyers Group include: rights protection for 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.
If forced demolition does occur, the demolished persons can compile the above evidence materials and prepare to initiate legal procedures to safeguard their rights.
2. File administrative litigation in accordance with the law:
For those whose houses have been demolished, they can file a lawsuit with the court in accordance with the law and request the court to confirm that the forced demolition is illegal. On the one hand, this is to legally confirm that the forced demolition is illegal and pave the way for compensation;
On the other hand, we are also actively building a platform on the opposite side of the demolition to create opportunities for negotiation between the two parties.
Sometimes, before the administrative litigation is over, the demolishers will take the initiative to contact the demolished people and try to persuade the demolished people to negotiate and resolve the dispute.
3. Obtain compensation or compensation:
Whether it is compensation or compensation or both, the demolished people should pay attention: only receiving compensation/compensation can be regarded as a sign of true success in rights protection.
Don’t just focus on the success or failure of a certain procedure in the rights protection process. No matter whether the lawsuit results in a win or a loss, and whether the demolition party relents or admits its mistakes during the rights protection process, these are all just processes. The purpose of our rights protection should be to obtain due compensation or compensation in accordance with the law. A reminder: encountering forced demolition is not terrible.
What's scary is that you don't know how to protect your legitimate rights and interests. Everyone is equal before the law. As long as the legal property of citizens is inviolable, once it is violated, you should promptly use legal weapons to protect your legitimate rights and interests.
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.