In recent years of work, I have always encountered some friends who have reported that their houses have been illegally demolished for various reasons. Faced with their houses turned into ruins overnight, many people want to cry without tears. But life still has to go on, in the face of this situation, we can't help but ask, if I encounter a forced demolition, is there any way for me to reduce my losses?
Here, Mr. Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Property Rights and Land Of Northwest University of Political Science and Law, reminds everyone that after the house is forcibly demolished, the following 4 steps can allow us to reduce losses.
1. Collect evidence of forced demolition at the first time, the so-called "unjust head, debt has the master", to find out who forcibly demolished the house, this is the precondition for the next step of accountability, such as through audio recordings, videos, witness testimony of surrounding neighbors to lock the subject of forced demolition;
2. Promptly file legal procedures to confirm that forced demolition is illegal, that is what the people say, I will go to sue you. This is the premise of our claim, here we must pay attention to the need to file a lawsuit within 6 months after the forced demolition, the longer the delay, the more unfavorable to us;
3. Timely file a compensation procedure, that is, the house is gone, and the forced demolition party must lose our money. Make up for losses. Here, we can file a claim for compensation at the same time as filing a forced demolition violation; if we are not satisfied with the compensation decision, we can also go to the court to file a lawsuit, and in this piece we provide our own evidence to prove that the best;
4. If you want to increase the bargaining chips, then after confirming the forced demolition, we should not forget to complain to the discipline inspection department to investigate the leadership responsibility of the main body of the forced demolition, and in the case of pressure from the other party, the forced demolition party will better consider our reasonable demands.
Of course, in reality, the types of forced demolition are divided into many kinds, for example, through the judicial demolition of the court, illegal construction and forced demolition, etc., the situation introduced by the above lawyer Shi to you is basically the expropriation and demolition procedure that they did not implement by the government department in accordance with the statutory situation. As for the types of other cases and the points of violation of the law, we still need to analyze them on a case-by-case basis.
Lawyer Shi reminds:
Demolition and relocation is a long-term struggle that requires comprehensive and professional knowledge, control of the overall situation, and rational application of laws and regulations. Even a lawyer with many years of litigation experience is constantly learning and updating in order to calmly analyze and make correct judgments in a case. For non-law scholars, this is a huge subject that cannot be achieved by relying on a short period of bad repair alone. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.