Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-12 | Reading times:1118
If everyone's house is built legally, the government has no right to directly demolish it during the expropriation and demolition process. However, in practice, forced demolition occurs from time to time, and some local governments even use forced demolition as a means of land acquisition. What happens after the house is demolished? Let us take a look at the current situation. There are two main methods of house demolition in our country, one is administrative demolition and the other is judicial demolition.
Administrative compulsory demolition refers to the forced demolition of the administrative counterpart's house organized and implemented by the administrative agency. Judicial demolition refers to the forced demolition of the administrative counterpart's house after the administrative agency applies to the People's Court. Currently, most of the forced demolitions in our country are administrative demolitions. The above-mentioned cases also belong to administrative demolition. In forced demolition cases, common illegal points mainly include that the administrative agency does not have the power to compel demolition, but organizes the forced demolition, and the administrative agency fails to fulfill the legal right to inform the administrative counterpart to make a statement and defense, and the right to file reconsideration and litigation.
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At present, my country's laws, regulations and judicial policies do not support legitimate defense against illegal demolitions. Therefore, when faced with illegal demolitions, do not "react violence with violence" or "tit-for-tat" because these methods cannot prevent demolitions and may result in public security penalties or even criminal penalties. As the saying goes, if you keep the green hills, you will not be afraid of running out of firewood.
Therefore, after encountering illegal demolition, try to take legal measures to protect your legitimate rights and interests, such as filing an administrative reconsideration with the relevant administrative agency, or filing an administrative lawsuit with the people's court with jurisdiction, and cracking down on illegal demolition through reconsideration or litigation. Lawyers remind: In the actual expropriation and demolition process, unreasonable compensation and illegal demolition are unavoidable.
People must enhance their legal awareness. When encountering these situations, they must promptly seek help from professional lawyers and safeguard their legitimate rights and interests through legal channels.
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.