Factory demolition

The compensation offered by the demolition party was obviously lower than the legal standard, and he had decided not to sign;
It was made clear that the actions of the demolition party were illegal, and they were not allowed to choose compensation methods. Negotiations reached a deadlock, such as cutting off water and electricity. The demolition party directly threatened to demolish the property, claiming, "If you do not move as required or sign an agreement, we will demolish by force" and so on.

In this case, it is necessary for the evicted people to protect their rights. But when it comes to entrusting lawyers to intervene, it may be that they have no confidence in the law, or do not want to confront the public power, or they are hoping for other cost-saving ways to protect their rights. Many people who have been evicted always want to wait, and some even firmly say "wait until they are evicted and then go to your lawyer to file a lawsuit."

Some of them were forced to relocate and then became anxious
So, administrative litigation lawyers are actually a little helpless about the idea and practice of "defending rights after being demolished"
As we all know, one of the important rights protection actions during expropriation and demolition is to protect the house and protect your own house, so as to have effective bargaining chips. If the house has been demolished and the bargaining chip has been lost, the demolished people will be extremely passive in subsequent rights protection, especially when it comes to seeking higher compensation.

Moreover, after the house is demolished, the house compensation that should have been obtained through the normal expropriation and compensation procedure is likely to be resolved through the administrative compensation procedure. The full realization of the right to claim administrative compensation requires a variety of valid evidence, but in fact a large amount of important evidence may have disappeared with the sudden violent demolition. In short, rights protection only started after the house was demolished and is restricted by various factors.

Administrative litigation lawyers specialize in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and have extensive 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.

At this time, the space, difficulty, and effect of rights protection are relatively unfavorable, and it will obviously be more difficult to achieve the purpose of legal relief. Everyone should do some thinking in this regard when defending rights.
Of course, when the demolished people want to safeguard their rights and when they want to entrust a lawyer to intervene, these are all free choices. Others have no right to interfere, but we must emphasize to everyone that administrative litigation has a time limit for prosecution, which is strictly stipulated by law.

You don’t just have to sue whenever you want. If the court no longer accepts the case after the deadline, the demolished people will lose the right to judicial relief, and it will be difficult to defend their rights through law. Especially after forced demolition, the time limit for suing and defending rights is very tight.
The laws and regulations regarding administrative litigation are as follows:
Based on the above legal provisions, the issue of the prosecution period for forced demolition was analyzed.

If the other party has notified the statutory time limit and the demolished person knows the time limit for filing a lawsuit, then the time limit for filing a lawsuit is 6 months from the date of forced demolition, and an administrative lawsuit must be filed within 6 months. If the other party has not informed the time limit for prosecution, the time limit for prosecution at this time is within 6 months from the date of knowledge, but no matter how calculated, it cannot exceed one year.

In short, from the date when the demolished people learn about the forced demolition, they must file an administrative lawsuit within six months at the shortest and only within one year at the long term. Once the deadline is missed, the last line of defense behind the right to forced demolition will be gone.
From the above analysis, we can see that the prosecution period for illegal forced demolitions is quite short, and the demolished persons cannot waste any more time.

In practice, some demolished households illegally relocated, but later blindly petitioned, and were exposed by the media. They looked to the law as their hope, and only sought help from lawyers a few years later. In this case, the deadline for prosecution has been missed, and administrative litigation lawyers are obviously unable to do anything.
Whether the compensation for house expropriation is reasonable is, after all, closely related to the standard of living after the expropriation, and illegal demolition is even more related to one's own property, so rights protection is inevitable.

If you say that you cannot resolve the problem through negotiation and there is no other way to achieve your ideal claim, you should put legal avenues on the agenda like soo

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you still want to know more information in this area, you can consult with the professional demolition lawyers on this site.