What if the administrative organs come up with different documents, and each time it is legal, but the compensation standards given to the people are different? Shi Xining, director of Beijing Kang Law Firm and co-director of the Institute of Property Rights and Land Of Northwest University of Political Science and Law, told everyone.
Case facts
Liang is a resident of a city, recently caught up with the transformation of the central urban area of the municipal government, according to the relevant documents of the municipal government, Liang's house can get 3.5 million, but then the government reissued a document, according to the newly reissued document Liang can get 2 million, the difference in this is not too big, Liang is very annoyed, found a number of people theory, and found the government to appeal, his difference can not get reasonable compensation, and finally did not go. In the end, the agreed demolition time was reached, and the government did not heed Liang's request and forcibly demolished his house.
After the lawyer intervened, by looking up a large number of materials and related cases, it was believed that in the process of housing expropriation, if it is a house without construction approval procedures and property rights licenses for historical reasons, whether the administrative organ should screen and deal with it according to law before expropriation, and cannot simply identify unlicensed houses as illegal construction without compensation for expropriation. Illegal demolition is a historical formation of unlicensed houses caused by losses, nor can it simply be on the grounds that unlicensed houses are illegal construction, and administrative compensation cannot be given. In the absence of sufficient evidence from the administrative organ to prove that the demolished unlicensed house is an illegal building, the house should be regarded as a legal building, so as to give the people appropriate compensation.
Therefore, whether it is the government forcibly demolishing you, or other departments of the government, do not panic, leave good evidence, hire professional lawyers in a timely manner, from a legal point of view, professional field, to help you maintain the maximization of rights.
Legal science
The Administrative Compulsory Law of the People's Republic of China stipulates that after an administrative organ has made an administrative decision in accordance with law, and the parties do not perform their obligations within the time limit of the administrative organ's decision, the administrative organ with the power of administrative compulsory enforcement shall carry out compulsory enforcement in accordance with law. Before making a compulsory enforcement decision, the administrative organ shall remind the parties in advance to perform their obligations. After receiving the reminder, the parties have the right to make statements and defenses. Administrative organs shall fully hear the opinions of the parties, and where the facts, reasons, or evidence are established, the administrative organs shall adopt them. Where the parties still do not perform on the administrative decision within the time limit after being reminded, and there is no legitimate reason, the administrative organ makes a compulsory enforcement decision and enforces it. Where illegal buildings, structures, facilities, and so forth need to be forcibly demolished, the administrative organs shall make a public announcement, and the parties concerned shall dismantle them themselves within a time limit.
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Articles 2 and 4 of the State Compensation Law of the People's Republic of China stipulate that where an administrative organ or its staff violates the lawful rights and interests of citizens, legal persons or other organizations in the exercise of their functions and powers, causing losses, the victim has the right to receive administrative compensation in accordance with law.
Paragraph 2 of Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land stipulates that before the people's governments at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with law.
Lawyer Shi reminded
BEIJING JINGKANG LAW FIRM
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.