State compensation

Article introduction: According to the "State Compensation Law of the People's Republic of China", state compensation refers to the compensation that should be paid according to law when state agencies and their staff cause damage to the personal or property rights of citizens, legal persons and other organizations due to the exercise of their powers. State compensation shall be fulfilled by the infringing state agency. Therefore, when the house of the demolished person is illegally demolished, he has the right to apply for state compensation. What kind of compensation can you get after being demolished?

First, under what circumstances can one apply for state compensation?

1. The damage must be caused by state agencies and their staff;

2. The act causing the damage must be an illegal act committed by a state agency and its staff;

3. There must be objective facts that citizens’ legitimate rights and interests have been harmed;

4. There is a causal relationship between the illegal acts of state agencies and their staff and the damage results;

5. It must be clearly stipulated in the law (that is, not all countries that cause damage are responsible for compensation)

6. The statute of limitations for a compensation claimant to request state compensation is two years, starting from the day when citizens know or should know that the state and its staff have infringed upon their property rights by exercising their powers.

Second, what is the application procedure for state compensation?

1. State compensation is a request for compensation when applying for administrative review or filing an administrative lawsuit. The people's court will make a judgment in accordance with the law. It can also first confirm that the administrative demolition behavior of the administrative agency is illegal. After the court's decision confirms its illegality, a compensation request will be made to the agency responsible for compensation, and the agency responsible for compensation will provide compensation within two months from the date of receipt of the application. Yingting learned that if compensation is not granted within the time limit or there is an objection to the amount of compensation, a lawsuit can be filed with the people's court within three months from the expiration of the period.

2. To make a request for compensation, an application should be submitted. The application should state the victim's physical condition, specific requirements, basis and reasons;

3. The administrative tribunal or compensation committee hears cases in a collegial manner and implements the principle of majority submission;

4. Make a decision on whether to compensate. The compensation decision made by the Compensation Committee is a legally effective decision and must be implemented. Compensation judgments in administrative litigation are subject to the procedures stipulated in the Administrative Litigation Law, and the parties have the right to appeal.

Third, what kind of compensation can you get after forced demolition?

1. Loss of house value.

Article 15 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land and Article 9 of the Measures for the Expropriation and Assessment of Houses on State-Owned Land both stipulate that the house expropriation department should conduct an investigation of the expropriated houses before assessment, which also confirms that compensation should be based on the actual area of the house.

2. Loss of items, machinery and equipment inside and outside the building caused by forced demolition.

Paragraph 3 of Article 38 of the Administrative Litigation Law of the People's Republic of China stipulates that in administrative compensation and compensation cases, the plaintiff shall provide evidence of the damage caused by administrative actions. If the plaintiff is unable to provide evidence due to the defendant's fault, the defendant shall bear the burden of providing evidence. If the expropriated person fails to count and register the items in the house, he shall bear the adverse consequences of being unable to provide evidence.

3. Loss of ground attachments and ground plants due to forced demolition.

4. Loss of house decoration.

The decoration compensation involved must be measured and evaluated by the evaluation agency to obtain the evaluation results.

5. Losses such as relocation and temporary resettlement compensation.

Article 17 of the Regulations on Expropriation and Compensation of Houses on State-Owned Land stipulates that in addition to the value of the house, compensation for expropriated houses also includes relocation, temporary resettlement, subsidies and rewards for the expropriated persons, etc. The above expenses are all direct losses caused by forced demolition, and the demolished persons may claim compensation for the above expenses from the demolition party.

Yingting reminds you:

According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Because forced demolition has caused you economic losses, you can apply for state compensation (administrative compensation). Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.