Enterprise demolition

From the perspective of the demolished people, the sudden demolition has disrupted the originally stable rhythm of life. The two emotions of unwillingness to relocate and unwillingness to accept insufficient compensation conditions are intertwined. The expropriating party needs to come up with a more sincere compensation plan that can better meet their demands. In actual negotiations, what should I do if I cannot reach an agreement with the demolishing party? In fact, it can be resolved through administrative reconsideration and administrative litigation.

1. Administrative review
1. Time limit for applying for reconsideration: According to the relevant provisions of the Administrative Reconsideration Law, when the legitimate rights and interests of the expropriated person are infringed, the expropriated person may file for reconsideration within 60 days from the date of becoming aware of the specific administrative act;
However, the law stipulates that the review period exceeds 60 days
2. Period of review by the reconsideration authority:
The "Administrative Review Law" stipulates that the review authority shall make an administrative review decision within 60 days from the date of accepting the application; except for less than 60 days as stipulated by law.

Beijing Yingtong Lawyers' professional areas: legal services in rights protection of 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. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

If the situation is complicated and the administrative review decision cannot be made within the prescribed time limit, it may be extended appropriately with the approval of the person in charge of the administrative review agency, and the applicant and the respondent shall be notified;
However, the extension period shall not exceed thirty days. As can be seen from the above two parts, there are two remedies when rights are infringed:
One is reconsideration and the other is litigation.

The time limit for direct reconsideration is 60 days, the time limit for direct prosecution is 6 months, and the time limit for subsequent prosecution after review is 15 days.
2. Administrative Litigation According to the provisions of the Administrative Litigation Law, if the right holder believes that his or her rights have been infringed upon by an administrative act and files a lawsuit directly with the People's Court, the right holder shall file the lawsuit within 6 months from the date when he knew or should have known that the administrative act was made.

Except as otherwise provided by law, if the expropriated person is dissatisfied with the review decision, he or she may file a lawsuit with the court within 15 days from the date of receipt of the review decision. If the review agency fails to make a decision within the time limit, it may file a lawsuit with the People's Court within 15 days from the expiration of the review period.

If their legitimate rights and interests are infringed, they should seek help from lawyers promptly and use their professional legal knowledge to help us legally safeguard our 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.