Unidentified persons forced demolition of houses, who should be reported?


The house was forcibly demolished by unidentified personnel, often let the tenants feel flustered, what should be done, very at a loss.In fact, the above situation is more common in demolition and rights protection cases. Today, I will share with you a case represented by Lawyer Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Real Right and Land of Northwest University of Political Science and Law. There is no need to panic in the future.Mr. X owns a house in x city.In 2014 or so, the provincial government made an official reply, Mr. Mou’s house into the range of acquisition.Mr. X has an objection to the compensation and resettlement standard, does not agree with the demolition, and has not signed a compensation agreement with the demolition party.In 2018, Mr. X’s house was forcibly demolished by unidentified personnel.After careful consideration, Mr. A decided to protect his rights through legal channels, came to Beijing Jingkang law firm for legal help.The ultimate goal of safeguarding rights is to get compensation for forced demolition. In order to achieve this goal, it is necessary to confirm the subject, confirm the behavior and claim compensation.1. First, confirm the subject.The house in this case was forcibly demolished by unidentified personnel. Whether it is a civil tort case or an administrative case has a great influence on the choice of follow-up path of rights protection and the probability of success of rights protection. Civil cases are more difficult, while administrative cases are relatively easy.In reality, almost no one will forcibly demolish other people’s houses, so once such cases occur, it is generally presumed that the government is involved, especially in the expropriation stage, the government may be very high in forced demolition.According to the ruling of the Supreme People’s Court, if the administrative authority with expropriation authority cannot provide evidence to prove that it did not participate in the forced demolition, it must bear the legal consequences of the forced demolition.According to the Relevant provisions of the Land Administration Law and the Regulations on the Implementation of the Land Administration Law, the people’s government at or above the county level is responsible for the specific expropriation work, therefore, the people’s government at or above the county level can be the object of rights protection.In this case, Jingkang lawyer assisted Mr. X to a district government as the object of rights protection, according to the late judgment is very correct.2. Secondly, it is necessary to confirm that the subject’s behavior is illegal.Illegal behavior is the premise of asking for compensation.Any violation of entity and procedure will lead to violation of administrative act.In reality, the house is innocent demolition by unknown personnel, generally sudden, fast, there is no relief time, will not tell you who is the implementation of forced demolition, not to comply with the provisions of laws and regulations.Encounter such things, do not have to think, such forced demolition must be illegal.In this case, the lawyer pointed out that the forcible demolition of the house was carried out by the district government without notice or notice, which damaged Mr. X’s right to know and right of defense, as well as Mr. X’s property rights and interests. Therefore, it should be confirmed that the forcible demolition was illegal.In the end, the court sided with the lawyers.3. Claim compensation.If the illegal act inevitably leads to the result of damage, the relocating households shall have the right to claim compensation.But it is not compensation, compensation and compensation have many different, compensation is based on illegal behavior as the premise, compensation is legal behavior as the premise, forced demolition is illegal behavior, can only be compensated, dismantlement for the public interests of the sacrifice, the state will give certain economic compensation, to ensure that the dismantlement of the household life will not be affected.The scope of compensation is much wider than compensation, which can be claimed not only for property damage, but also for personal injury and, in certain cases, for emotional loss.In addition, the costs incurred in the process of safeguarding rights, such as transportation costs, accommodation costs, attorney fees, etc., can also be filed for compensation. In this case, the court also supported the request for compensation.

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