In 2020, Beijing Lanqin Law Firm accepted Zhang's entrustment to represent him in the case of the forced demolition of his homestead in Lingdong Street, Huanggu District, Shenyang City. After accepting the entrustment, Lawyer Lan Qin filed an administrative lawsuit with the Huanggu District Government and the Lingdong Subdistrict Office as the defendants to the Shenyang Intermediate People's Court. The details of the case are as follows, the plaintiff's homestead house at No. ××××, Shenyang City, is facing expropriation, has not signed a compensation agreement to receive compensation, on January 16, 2020, the plaintiff's house was illegally demolished by unidentified personnel, the plaintiff did not receive any documents related to the demolition in advance, and no unit claimed responsibility for the demolition.
When the illegal act occurred, the plaintiff promptly dialed 110 to call the police, and mailed the "Application for Case Filing and Investigation" to the Huanggu Branch of the Shenyang Municipal Public Security Bureau to request the public security organ to investigate and deal with the illegal demolition of his house, because he did not receive a reply from the Huanggu Branch of the Shenyang Municipal Public Security Bureau within the statutory time limit, and on June 1, 2020, the plaintiff sued the Shenyang Heping District People's Court on the grounds that the Huanggu Branch of the Shenyang Municipal Public Security Bureau did not perform its statutory duties. On July 14, 2020, at the trial, the Huanggu Branch of the Shenyang Municipal Public Security Bureau explained that the demolition of the house involved in the plaintiff's case was the two defendants in this case, and explained that the public security organs did not have jurisdiction due to the government's participation in the demolition, and submitted relevant evidence to prove it, and the plaintiff obtained the evidence provided by the defendant and voluntarily withdrew the lawsuit after being stamped by the court. The plaintiff argued that in the process of expropriation, the two defendants did not inform the plaintiff without reaching a demolition agreement with the plaintiff and without compensation, and forcibly demolished the plaintiff's house, resulting in the destruction and loss of the plaintiff's furniture and other appurtenances, causing huge losses to the plaintiff.
The court held that the second paragraph of article 5 of the Provisions on the Administration of Urban Dangerous Houses stipulates that the competent real estate administrative departments of local people's governments at or above the county level shall be responsible for the management of urban dangerous houses in their jurisdiction; Article 17 stipulates that the owner of the house must promptly strengthen or repair the dangerous houses that have been appraised in accordance with the appraisal agency's handling recommendations; if the house owner refuses to repair and rectify in accordance with the handling suggestions, or if the user obstructs the behavior, the real estate administrative department has the right to designate the relevant departments to repair it. or take other coercive measures. The costs incurred shall be borne by the person responsible. According to the above provisions, the defendant Shenyang Huanggu District People's Government can only appoint relevant departments to repair dangerous houses on behalf of them, and cannot carry out compulsory demolition of the plaintiff's houses on the grounds of demolishing dangerous houses. Moreover, Article 37 of the Administrative Compulsory Enforcement Law stipulates that if, after reminder, a party still fails to perform on an administrative decision within the time limit, and there is no legitimate reason, the administrative organ may make a compulsory enforcement decision. The defendant, the People's Government of Huanggu District of Shenyang City, did not make a compulsory enforcement decision against the plaintiff and directly demolished the plaintiff's house, violating the legal procedures.
In summary, the defendant, the Huanggu District People's Government of Shenyang City, found that the houses involved in the case were dangerous houses, but the houses involved in the case had been included in the scope of expropriation, the Huanggu District Government did not have the authority to forcibly demolish the houses involved in the case, and the alleged compulsory demolition did not meet the statutory procedures for the compulsory demolition of houses in the expropriation compensation. The evidence submitted by the defendant Shenyang Huanggu District People's Government cannot prove the legality of his behavior, so the forced demolition should be confirmed as illegal.
Land requisition and demolition is a complex and systematic project, and the law has clear provisions on the main body, authority and procedures for the implementation of land requisition and demolition. The lawyer suggested that in the process of implementing land requisition and demolition, the government should strictly follow the relevant procedures and must not act beyond its authority. Only in this way can we ensure our credibility and convince the people.