land expropriation

When it comes to defending rights during demolition, most demolished households will think, "Can ordinary people win the case if they sue the officials?" In real life, winning or losing a lawsuit not only depends on whether we can stand up legally, but also depends on whether we have evidence to sue, and whether filing a lawsuit at this point in time can quickly, accurately, and ruthlessly grasp the other party's illegal points.

Regarding the time point,Administrative Litigation LawyerBased on recent case handling practice, the following two points are summarized:
1. Rights cannot be protected by demolishing the house.
When we are dissatisfied with a specific administrative act, we have the right to reconsider or file a lawsuit. It does not necessarily have to be what the expropriating party has done to us to be considered a specific administrative act. Some documents issued against us personally are actually their specific administrative acts, and they can also be reconsidered or litigated.

Of course, there are indeed situations where rights are asserted prematurely without evidence. Therefore, during the land acquisition and demolition process, we must pay attention to whether the documents we receive meet the conditions for reconsideration and litigation. As long as they meet the conditions, we can reconsider the lawsuit in time. We must not lose the opportunity to defend our rights because of fear of insufficient evidence. So when we receive or see some documents, we are still eligible for reconsideration or litigation.

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.

Links to relevant laws:
1. "Regulations on Expropriation and Compensation on State-owned Land"
Article 14 If the expropriated person is dissatisfied with the house expropriation decision made by the city or county people's government, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Article 26 If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

2. "Implementation Regulations of the Land Management Law of the People's Republic of China"
Article 25 After the land acquisition compensation and resettlement plan is submitted to the municipal or county people's government for approval, the land administration department of the municipal or county people's government will organize and implement it. If there is any dispute over the compensation standard, it shall be coordinated and resolved by the local people's government at or above the county level;
If coordination fails, the decision shall be made by the people's government that approved the land acquisition.

Second, how does the law protect people who slack off their rights?
Because of the particularity of administrative litigation, the burden of proof does not lie with the plaintiff, but mainly with the defendant’s administrative agency. Therefore, in the specific litigation process, it is not up to us to prove how illegal the expropriating party’s behavior is, but to the expropriating party to prove the legality of its actions.
When we receive documents from the tax collector, we can see if the tax collector broke the law.

As long as the tax collector does commit illegal acts, he has no way to prove his legitimacy.
hereAdministrative Litigation LawyerI would like to remind everyone not to ignore the documents usually issued by the expropriating party. However, if you meet the conditions for prosecution, you must file a lawsuit in time. Once you miss the rights protection deadline, it will be more difficult to protect your rights. So at the appropriate rights protection node, you must seize the time to take the initiative and get reasonable compensation as soon as possible!

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