administrative agreement

With the advancement of urbanization, land acquisition and demolition projects occur frequently around us, and there are many disputes about land acquisition and demolition. A few demolition parties resort to forced demolition. The tragedy of house demolition of the people being demolished is often due to forced demolition. So in the case of forced demolition, can the person being expropriated directly file an administrative lawsuit?

103010 Article 2 stipulates that citizens, legal persons or other organizations that believe that specific administrative actions of administrative agencies and their staff infringe upon their legitimate rights and interests have the right to file a lawsuit with the People's Court in accordance with this law.
Specific administrative acts refer to unilateral acts by state administrative agencies and their staff, organizations authorized by laws and regulations, organizations or individuals entrusted by administrative agencies, in administrative activities, directed at specific citizens, legal persons or other organizations, regarding specific specific matters, involving the rights and obligations of such citizens, legal persons or other organizations.

The government is the appropriate administrative subject, and its illegal forced demolition is a unilateral act (forced demolition) made by using its administrative powers to address the rights and obligations (legitimate property rights) of a specific counterparty (client).
At the same time, Article 11 of the Administrative Litigation Law stipulates: “The People’s Court accepts lawsuits filed by citizens, legal persons and other organizations regarding the following specific administrative acts:

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(1) Those who refuse to accept administrative penalties such as detention, fines, revocation of permits and licenses, orders to suspend production and business, confiscation of property, etc.
(2) Administrative compulsory measures such as restricting personal freedom or sealing, detaining, freezing property;
(3) It is believed that administrative agencies have violated the operational autonomy provided by law;
(4) The administrative agency considers that the legal conditions are met and applies for the issuance of a permit or license issued by the administrative agency, but refuses to issue it or fails to respond;

(5) Applying to the administrative agency to perform its statutory duties of protecting personal rights and property rights, but the administrative agency refuses to perform or refuses to reply;
(6) Believing that administrative agencies have failed to issue pensions in accordance with the law;
(7) It is believed that the administrative agency has violated the law and requires the performance of obligations;
(8) It is believed that administrative agencies have infringed upon the personal rights and property rights of others.

In addition to the provisions of the preceding paragraph, the People's Court shall accept other administrative cases that may be filed in court according to laws and regulations.
Therefore, if citizens, legal persons and other organizations believe that specific administrative actions taken by administrative agencies have infringed on their personal rights and property rights and file administrative lawsuits, the People's Court shall accept the administrative agency's forced demolition of the client's house in accordance with the law. The client's legal property rights have been violated, and the client has the right to file administrative lawsuits against them.

Regarding forced demolition, according to the provisions of the Administrative Litigation Law, not only can it be confirmed that the forced demolition is illegal, but also state compensation procedures can be initiated in the administrative complaint.
Compared with petitions, the advantages of administrative litigation are the guarantee of openness, fairness and professionalism. From the moment your own rights and interests are infringed, you must promptly take up legal weapons to protect your legitimate rights and interests, and consult an administrative litigation lawyer in a timely manner if you have relevant questions.

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 the legal basis for administrative demolition | forced demolition by administrative agencies | the subject of forced demolition | what are the procedures for administrative demolition | and when administrative demolition will be abolished, you can consult a lawyer on this site for one-on-one online consultation.