Factory demolition

Many people who were demolished either fought for their lives or swallowed their anger when their houses were forcibly demolished, but this ultimately failed to solve any problem. The correct approach is to maintain a rational attitude, actively collect evidence of forced demolition, and promptly initiate legal rights protection procedures. Only in this way can we get back what belongs to us.
The Supreme Law pointed out that in the process of expropriating land and houses, administrative agencies should follow the principle of "compensation first, demolition later" and resettlement and compensation for the expropriated persons in accordance with the law.

If the expropriated person has received resettlement compensation in accordance with the law or refuses to accept resettlement compensation without justifiable reasons, and the administrative agency wants to implement forced relocation and demolition, it must also apply to the People's Court for enforcement according to legal procedures. Before obtaining the compulsory enforcement permission from the People's Court, the administrative agency has no right to directly forcibly demolish the expropriated house. In other words, the administrative agency has no right to forcefully demolish the house without the permission of the court.

If demolition is forced, how should the demolished people respond?
Preserve original evidence and collect evidence reasonably
After learning that it has been included in the scope of demolition, in order to prevent the loss of evidence due to forced demolition, you must keep the land contract certificate, house ownership certificate, land use right certificate, or other documents that can prove your legitimate rights and interests, original agreement and other important documents in your hands.

You can take photos and videos of physical properties such as houses, green crops and other ground attachments in advance.
In the event of forced demolition, the above-board evidence collection will definitely be hindered. In this case, lawyer Ying Ting suggested:
Install surveillance facilities such as hidden cameras in or near the house in advance; you can also discuss it with relatives, friends and neighbors in advance.

The business areas of Beijing Yingting Law Firm include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

In the event of forced demolition, you can help record videos in a hidden place and take photos from as many angles as possible to collect evidence. You can mainly photograph people from the departments involved in the forced demolition. This will help identify the subjects of forced demolition and illegal demolition, and prepare for applying for state compensation.
In addition, if the house is stolen and the subject of forced demolition cannot be found: first, photos or videos of the demolished house need to be taken to prove that the house has been demolished.

Secondly, many people think that it is useless whether to call the police or not, because the public security bureau and the demolition department belong to the government and are "one family". Even if they call the police, the police will not care. However, whether to call the police or not is your responsibility. You should take the initiative and provide evidence. Call records for rights protection are good evidence. Whether the police handle it or not is their business. You can also hold the public security department accountable through legal channels.

Contact the village committee, the demolition office and other departments for consultation, guide them to tell who is the subject of forced demolition, and use a voice recorder to record the conversation to provide evidence support for the initiation of subsequent legal procedures.
Don't just sign
During the demolition process, the demolition party will often send you relevant materials and documents, such as demolition notices, time-limited demolition notices, compensation decisions, etc.

Some documents only convey meaning and have no substantive legal significance, while others will have a substantial impact on your rights and obligations. If you are unclear about the content of the document and the possible legal consequences of signing, do not sign hastily and wait for them to take the initiative to show relevant legal procedures to prove the legality of their demolition and clarify who is the subject of the demolition. If the demolition compensation is obviously unreasonable, even if the house is demolished, never sign the compensation agreement and related materials required by the other party (pay special attention to the blank compensation agreement); it is recommended to consult a professional administrative litigation lawyer before signing.

Choose the path of rational rights protection
When your house is demolished, don't use your body to block it, go to petition, or self-immolate because of impulse. You should take up legal weapons to legitimately defend your rights and strive for reasonable compensation. The State Council and relevant ministries and commissions have promulgated laws. In short, in the face of forced demolition, the demolished people should choose effective and rational rights protection methods, use legal weapons to initiate various legal procedures, and ask professional land acquisition and demolition lawyers to intervene in a timely manner. With the guidance and help of lawyers, they can safeguard their legitimate rights and interests in accordance with the law. Only in this way can the demolished people receive reasonable compensation. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.

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