Enterprise demolition

According to the relevant provisions of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land", if the government wants to forcibly demolish the legal houses of the expropriated persons, it must apply to the People's Court for compulsory execution. The compulsory demolition can only be carried out after the court's approval. This procedure is what we often call "judicial demolition" in the field of administrative law. The power of administrative agencies is conferred by the law, and "it cannot be enforced unless the law is expressly written."
At present, our country does not have any legal regulations authorizing administrative agencies to demolish buildings. According to Article 53 of the Administrative Enforcement Law, administrative agencies must apply to the People's Court for compulsory execution. Therefore, the court's power to demolish buildings is first based on the application of administrative agencies. According to Articles 26 and 28 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the prerequisite for the demolition department to apply to the court for compulsory demolition is that the expropriated person does not apply for administrative review or file an administrative lawsuit within the legal period, and does not move within the period specified in the compensation decision.
Beijing Lawyers Consulting NetworkHe has rich practical experience in administrative litigation. He uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. He has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.
That is to say, if the demolished households file administrative reconsideration or administrative litigation within the legal period, then the administrative agency cannot apply to the court for forced demolition. It can be seen that the court's power of forced demolition is strictly restricted by the law. Only when the corresponding legal procedures are fulfilled, the court can exercise the power of forced demolition. During this period, if the demolished households promptly protect their legitimate rights and interests through legal means and file administrative reconsideration and administrative litigation, forced demolition can be avoided.
During the process of land acquisition and demolition, except for the courts, no administrative agency has the power to demolish. Therefore, except for the courts, any forced demolition is illegal. However, we must pay attention that the law protects the weak, but does not protect those who sleep on their rights. We cannot be indifferent to other administrative actions taken by administrative agencies just because the courts will review the legality of the forced demolition application for us.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. Understand relevant legal knowledge in a timely manner, seek help from professional lawyers, and protect your own rights and interests.