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Can I call the police if my house is illegally demolished?
Home page >> Business areas >> State compensation
Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：555
The so-called "illegal forced demolition" refers to forced demolition without the enforcement of legal approval documents. For example, in the case of house expropriation, if there is no enforcement ruling by the court, it is a typical illegal demolition. Another example is the demolition of illegal buildings. If the demolition is carried out directly without a time-limited demolition decision from the government department, it is illegal and forced demolition.
When faced with the threat of illegal infringement, immediately call the police for help. At the same time, formally submit a written request for protection to the local public security agency and keep the receipt of delivery. After being infringed, you can request to open a case for investigation and hold the infringer criminally responsible.
If the public security organs fail to act administratively, they shall bear legal responsibility. The main legal basis are:
Item 5 of Article 11, Paragraph 1 of the "Administrative Litigation Law" stipulates: "If you apply to an administrative agency to perform its statutory duties of protecting personal rights and property rights, and the administrative agency refuses to perform or fails to respond," citizens, legal persons and other organizations who are dissatisfied with the specific administrative act may file a lawsuit, and the People's Court shall accept the case.
Paragraph 1 of Article 67 of the "Administrative Litigation Law" also stipulates: "Citizens, legal persons or other organizations whose legitimate rights and interests are infringed upon by specific administrative acts carried out by administrative agencies or administrative agency staff have the right to request compensation."
Article 2 of the "People's Police Law" stipulates that one of the tasks of the people's police is to "protect citizens' personal safety, personal freedom and legal property, and protect public property."
Article 4 of the "State Compensation Law" stipulates that if administrative agencies and their staff infringe on property rights in any of the following circumstances when exercising their administrative powers, the victim has the right to obtain compensation: (3) illegal expropriation or expropriation of property; (4) other illegal acts causing property damage.
On June 26, 2001, the Supreme Court clearly stipulated in the "Reply on Whether Public Security Organs Should Bear Administrative Compensation Liability for Failure to Perform Legal Administrative Duties" that "if the public security organs fail to perform statutory administrative duties, causing damage to the legitimate rights and interests of citizens, legal persons and other organizations, they shall bear administrative compensation liability."
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