In the process of negotiating with the expropriators, many people have encountered various confusing and even indignant phenomena. One of the typical situations is that the compensation has not yet been negotiated, and even when the dispute between the two parties still exists, the expropriator cannot wait to transfer the money into the account of the expropriated person, and on this ground, tries to start the demolition procedure immediately. In the face of such a "cut first and then play" approach, we must shout: "After the demolition money arrives, I can casually demolish my house?" Here, we want to reveal the legal relationship between the arrival of the demolition money and the demolition permit, and remind the majority of the expropriated people to be vigilant against the traps of expropriation and relocation.
Lawyer's interpretation
1. The demolition money is received ≠ the demolition is agreed
1. The spirit of the contract: Demolition is essentially a civil contract based on the willingness of both parties. According to the provisions of the Civil Code, the conclusion, modification and termination of a contract require the parties to express their unanimous intentions. Even if the compensation is paid, if the expropriated party does not expressly accept the compensation plan and agree to the demolition, the expropriator has no right to unilaterally carry out the demolition.
2. Compensation negotiation: The amount of compensation, the method of payment, the time of payment and other compensation content shall be agreed upon through equal and full consultation. Neither party may unilaterally change the status quo until a final agreement has been reached. The early arrival of compensation should not be regarded as an endorsement of the existing compensation plan by the expropriated party, let alone an excuse for forced demolition.
3. Genuine expression of intent: The expropriated person's acceptance of the compensation must be based on its full knowledge of the compensation plan and its voluntary acceptance. The expropriator cannot influence the true intention of the expropriated party by concealing facts, misleading statements, coercive means, etc. Otherwise, the acceptance may be invalid due to legal defects.
2. Legal review of forced demolition
1. Definition of illegal forced demolition: According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land and other laws and regulations, the expropriator demolishes the expropriated house without reaching a compensation agreement with the expropriated person and without the court's ruling to allow compulsory enforcement, which constitutes illegal forced demolition.
2. Legal consequences of forced demolition: Illegal forced demolition not only infringes on the property rights and interests of the expropriated person, but also seriously violates the Administrative Procedure Law, and the expropriator shall bear legal responsibilities such as stopping the infringement, compensating for losses, and making a formal apology. If the circumstances are serious, the relevant responsible persons may also face administrative sanctions or even criminal liability.
3. How to deal with the "compensation trap".
1. Stay sober and stick to your position: In the face of the "compensation offensive" of the expropriator, the expropriated party should remain calm, insist on conducting compensation negotiations in accordance with legal procedures, and never compromise easily. Even if the compensation is paid, it is necessary to clearly express objections to the existing compensation plan and refuse to accept the demolition without consensus.
2. Seek professional legal assistance: Consult a professional demolition lawyer in a timely manner to understand your rights and interests and formulate coping strategies. The lawyer will help you sort out the facts of the case, find out the possible illegal acts of the expropriator, and provide legal support for subsequent rights protection actions.
3. Defend rights and pursue responsibility in accordance with the law: For illegal forced demolitions, the police should be reported in time to fix the evidence. Subsequently, through applying for administrative reconsideration and filing an administrative lawsuit, it was requested to confirm that the forced demolition was illegal, restore the original state or compensate for losses. When necessary, state compensation may also be filed to further pursue the legal responsibility of the relevant personnel.
The arrival of the demolition money is not a "pass" for the expropriator to demolish the house at will, but a manifestation of fair trade and respect for the rights and interests of both parties. In the face of various "small actions" of the expropriators, we must stick to the bottom line of the law, resist the power with reason and courage, and make every demolition and relocation a lawful, harmonious and fair livelihood project, rather than a "battlefield" full of contradictions and conflicts.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. 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.