administrative agreement

During the process of land acquisition and demolition, forced demolition of houses is common. Recently, people being demolished have consulted lawyers:
My house has been demolished by administrative force and I want to sue, but I don’t know how long the statute of limitations is. What the lawyer wants to tell the people being demolished is that there is no administrative demolition now. The only legal demolition is judicial demolition. No administrative agency has the right to demolish a house without the permission of the court.

But in practice, many expropriators ignore the regulations and forcibly demolish the houses of the demolished people. So, if the demolished people want to defend their rights, how long is the statute of limitations?
The demolished people should remember that there is a time limit for prosecution, but many of the demolished people do not know this. After their houses are demolished, they feel resentful and want to go to the media to expose their houses.

After getting no results, they went to petition again, but still with no results. When they were desperate, they thought of relying on the law to protect their rights. As a result, they found that they had missed the statute of limitations for administrative litigation, and they regretted it.
Regarding the statute of limitations for litigation, the law also clearly stipulates that according to Article 45 of the Administrative Litigation Law of the People's Republic of China, citizens, legal persons or other organizations that are dissatisfied with the review decision may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision.

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If the review authority fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court within fifteen days after the expiration of the review period, unless otherwise provided by law.
Article 46 stipulates that if a citizen, legal person or other organization directly files a lawsuit with the People's Court, the lawsuit shall be filed within six months from the date when the administrative action is known or should be known.

Except as otherwise provided by law, the people's court will not accept real estate lawsuits that have occurred more than twenty years since the administrative act occurred, and other cases that have exceeded five years since the administrative act occurred.
103010 Article 64 stipulates that if an administrative agency makes an administrative act without informing citizens, legal persons or other organizations of the time limit for prosecution, the time limit for prosecution shall be calculated from the date the citizen, legal person or other organization knows or should know the time limit for prosecution, and shall not exceed one year from the date the citizen, legal person or other organization knows or should know the content of the administrative act.

If the reconsideration decision fails to notify citizens, legal persons or other organizations of the time limit for prosecution, the provisions of the preceding paragraph shall apply
It can be seen from the above legal provisions that after a house is demolished, the demolished must file a lawsuit within the time specified by the law. If the time point is missed, even lawyers will not be able to help the demolished people defend their rights when faced with forced demolition. Putting aside the idea of petitioning and seeking media exposure, the right way is to promptly consult a professional lawyer to defend the rights of land acquisition and demolition.

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.