The case I want to share with you today was a case of forced demolition and rights protection of a house represented by lawyer Yan Salary of Beijing Laishuo Law Firm.
Mr. Li owns a commercial house in a city in Shanxi Province. At the beginning of 2018, Mr. Li's commercial housing was facing expropriation, because the government had not shown the government documents of legal expropriation and the compensation price was much lower than the price of commercial housing in similar areas, and the negotiation had not been successful.
Case handling
After accepting the entrustment of Mr. Li's case, Mr. Yan conducted in-depth and meticulous research and analysis of the materials provided by Mr. Li, and found that the "Decision on Compensation for Housing Expropriation" was within the statutory administrative reconsideration period, so an application for administrative reconsideration was mailed to the government.
In order to obtain more information about Mr. Li's housing expropriation, several open government information applications were mailed to different government agencies.
However, the Government did not perform its statutory administrative reconsideration duties and made the Administrative Reconsideration Decision to uphold the Housing Expropriation Compensation Decision.
After receiving a copy of the Administrative Reconsideration Decision on unclear facts and incorrect application of the law, Mr. Yan resolutely decided to file an administrative lawsuit, hoping to give Mr. Li a lawful and fair reply under the condition that the facts were clearly determined and the law was applied correctly.
An administrative complaint was then filed with the court. The court conducted the trial in accordance with the law, and the final judgment was as follows: to revoke the "Decision on Compensation for Housing Expropriation" and to revoke the "Administrative Reconsideration Decision" made by the government.
Lawyers say
The road to rights protection is not smooth, for the parties to the demolition, many of them may not understand the relevant legal knowledge, often unconsciously their rights are infringed, and they do not know how to do it if they want to protect their rights. Due to the requirements of professional knowledge and professional procedures in the housing expropriation process, only professional lawyers can do a good job. Here, citizens who hope that their legal rights will be damaged due to the expropriation of houses will take up the weapon of the law in a timely manner, only in this way can they safeguard their legitimate interests at the lowest cost.
If the application for administrative reconsideration of demolition is not accepted, how can justice be sought? -Commercial Housing-Beijing Laishuo Law Firm Land Requisition and Demolition Lawyer Group-Professional Land Requisition and Demolition Lawyer Team