State compensation

Houses being forcibly demolished and stolen without judicial procedures is nothing new. Houses that have been forcibly demolished and stolen have the full right to use the power granted by the "State Compensation Law" to hold the responsible person legally accountable. How to exercise this right and obtain due compensation and apply for state compensation for illegal demolition? How much compensation can be paid?
Let's take a closer look.

In some cases where the Supreme People's Court applied for state compensation, there is a judicial principle that the state compensation caused by illegal acts of administrative agencies shall not be less than the compensation that the expropriated person should receive during the due expropriation procedures, so as to ensure that the administrative agencies will not abuse their powers to carry out some illegal demolitions.
1. Compensation benefits for demolished houses:
Generally, the compensation amount is determined by a real estate appraisal agency with appraisal qualifications, or the compensation amount can be determined through negotiation between the two parties.

Beijing demolition lawyers have handled many complex dispute cases in the field of administrative litigation and have 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.

2. Losses caused by missing items in the house:
The demolished person may request compensation for the loss of items in the house during the demolition process, but needs to provide evidence such as the loss of items in the house, the size and amount of the damage, and video recording. However, if the demolition department violates due procedures and fails to notarize or prepare a list of evidence in accordance with the law, making it difficult for the demolished person to perform the burden of proof, and the demolition department cannot prove the actual amount of loss, the people's court may determine the amount of loss that is unfavorable to the demolition department in accordance with the law if the evidence about the amount of loss provided by the plaintiff can preliminarily prove its claim.

3. Other direct economic losses caused by forced demolition of houses:
For example, if individuals need to rent transitional housing after forced demolition, Beijing demolition lawyers remind you of losses caused by breach of contract due to forced demolition, losses caused by company suspension of production and business, etc.:
During the expropriation and demolition process, if the illegal behavior of the demolition party cannot be stopped, ordinary people should understand the relevant legal knowledge in a timely manner and improve their judgment ability.

Once illegal activities are discovered, you should promptly seek the help of a professional lawyer and protect your legitimate rights and interests through legal channels. If you want to know more about the scope of state compensation | the implementation of the state compensation law | the legal procedures for state compensation | the principles of the state compensation law, etc., you can have a one-on-one online consultation with a Beijing demolition lawyer.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.