Enterprise demolition

In the process of expropriation and demolition, although the relevant laws and regulations are relatively complete, some illegal phenomena cannot be eliminated. In order to quickly complete the work or tasks, it is more common for the demolition party to violate procedures during the forced demolition. So in this case, the demolished can apply for state compensation. How can the administrative procedures for forced demolition be illegal? .

According to Article 4 of the "State Compensation Law of the People's Republic of China", if administrative agencies and their staff violate the law when exercising their administrative powers and infringe upon the legitimate property rights and interests of citizens, legal persons or other organizations, the victim has the right to receive compensation.
Article 32 stipulates that the main form of state compensation is the payment of compensation.

Beijing lawyers handle multiple complex dispute cases through online consultation 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.

Items (4) and (8) of Article 36 stipulate that if the property rights of citizens, legal persons or other organizations are infringed upon, causing the loss of property that should be returned, corresponding compensation shall be provided; in principle, compensation shall be based on direct losses caused to property rights.
If the demolition party and the demolished households have not reached a compensation agreement, and the demolishing party forcibly demolishes the houses of the demolished persons without legal authorization, violates legal procedures, and exceeds legal authority, once it is confirmed that the violation is illegal, the demolished households have the right to initiate administrative compensation procedures and apply for state compensation in accordance with the law.

Generally speaking, the compensation caused by illegal forced demolition, in order to reflect the punishment for illegal expropriation and illegal demolition and effectively protect the legitimate rights and interests of the demolished households, should not be lower than the compensation caused by legal expropriation or demolition. Even if the house has been lost, it should generally not be lower than the market value of similar houses in the reconstruction area or nearby areas.

Reminder: The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. In case of complicated forced demolition, it is recommended to contact us in timeBeijing land acquisition and demolition lawyer, help you safeguard your rights in a timely manner.