Factory demolition

In the face of forced demolition, for ordinary people, no matter whether their building is illegal or legal, it is their own property loss. They cannot bear it psychologically. Especially ordinary people who have suffered illegal demolition encounter this kind of thing. The best way is to protect their rights through legal weapons. So, can you win a lawsuit against forced demolition? I can tell you clearly here that as long as you carry out illegal demolitions, you will definitely win.

In the face of forced demolition, these five illegal points must be firmly grasped
Illegal point one:
It is illegal for local governments to apply for forced demolition of properties regardless of property preservation:
After the urban construction and planning department makes a decision to stop infrastructure construction or force demolition within a time limit, if the defendant fails to stop infrastructure construction or force demolition within the time limit, the people's government at or above the county level where the project construction is located may instruct the relevant departments to seal up the construction site and force demolition. The entrusted management unit shall fulfill its right to apply for property preservation in accordance with regulations.

If the local government makes a decision on administrative compulsory demolition, it should be ruled that it has exceeded its authority and should be revoked.
Illegal point two:
Ignoring the right of reconsideration and litigation, forced demolition is illegal:
If an administrative agency implements compulsory demolition within the statutory time limit for applying for administrative reconsideration or administrative litigation, and fails to make a list as required, it shall be a procedural violation, and the administrative act of compulsory demolition shall violate the regulations.

Beijing Yingtong Law Firm engages in legal affairs such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

Illegal point three:
Deprivation of the right to statement and defense shall be deemed illegal:
When an administrative unit applies for property preservation, it fails to implement reminder procedures or make a decision to apply for property preservation in accordance with regulations, deprives the administrative counterpart of the right to make statements and defense, and fails to inform the administrative counterpart of the channels and deadlines for applying for reconsideration or filing administrative litigation. That is, if an administrative unit applies for property preservation, the property preservation behavior violates statutory conditions and shall be deemed to be a violation of regulations in accordance with regulations.

Illegal point four:
Demolition without signing an agreement or making a written decision is illegal:
According to the requirements of the "Implementation Regulations of the Land Management Law", after the rural land expropriation plan is approved in accordance with regulations, government departments should demolish houses in accordance with legal conditions. If there are objections to the compensation standards, coordination shall be made by the people's government at or above the county level; if coordination is not possible, the decision shall be made by the people's government that approved the rural land expropriation.

When the government and the people being demolished do not reach an agreement on the compensation agreement for house demolition, and the government forcibly demolishes the house without coordination and ruling, and the people's forced demolition violates the regulations, the people's court should support it.
Illegal point five:
It is illegal to exercise authority without authorization:
Without the authorization of laws and regulations, the administrative law enforcement brigade of the town people's government exceeded the scope of its powers stipulated in the law, and the administrative act of partially demolishing temporary houses violated the regulations.

A word of caution: If forced demolition occurs, please do not act haphazardly. First, it is necessary to determine whether the forced demolition is illegal. Once illegal activities are discovered, we must seek help from lawyers promptly and use their professional knowledge to obtain our legal property.

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.