In the wave of urban renewal, the issue of compensation for demolition and relocation has always been the focus of attention of all parties. However, the demolition process, which was supposed to be reasonably compensated and smoothly transitioned, was sometimes thrown into chaos by unfounded accusations by developers. Recently, some of the people who were demolished were bitten by the developer when they received compensation, and they were accused of "extortion". In the face of such a sudden accusation, how should the people who have been demolished calmly deal with it and safeguard their legitimate rights and interests? Next, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, will talk to you.
1. Clarify the facts and face up to the accusations
First of all, the person being demolished needs to calmly face the developer's accusation of "extortion", sort out the entire negotiation process of demolition compensation in detail, and ensure that all actions are based on the law and are well documented. Focus on the following aspects: The negotiation process is open and transparent: all negotiation records, correspondence, audio and video recordings and other materials should be properly kept, proving that the two parties negotiated on the premise of equality and voluntariness, and there was no coercion or fraud.
The amount of compensation proposed by the person being demolished should be based on the professional appraisal report, in line with the local demolition policy and market conditions, rather than the sky-high price. If necessary, an independent third-party agency may be requested to conduct a re-assessment to substantiate the reasonableness of the claim for compensation. Conduct in a compliant and appropriate manner: In the process of fighting for rights and interests, the person being demolished should ensure that all words and deeds are within the scope of the law, and do not use excessive measures, such as malicious incitement, spreading rumors, etc., so as not to give authority to others.
2. Seek legal aid to counter false accusations
In the face of accusations of "extortion" by the developer, the person being demolished should seek professional legal assistance in a timely manner and fight back through the following channels:
Legal Consultation and Litigation Preparation: Consult with a senior demolition lawyer to conduct a comprehensive legal analysis of the developer's accusations and determine whether they constitute false accusations and frame-ups. If it is indeed an unfounded accusation, it is necessary to actively prepare prosecution materials and pursue legal responsibility through legal channels. Administrative complaints and information disclosure: Complain to the local housing and urban-rural development, land and other departments about the developer's misconduct, and require them to disclose the approval documents and compensation standards of the demolition project, so as to increase the transparency of negotiations and expose the developer's possible illegal operations.
3. Take a firm stand and safeguard legitimate rights and interests
Finally, the demolished person should maintain a firm stance and adhere to the following principles when facing the developer's accusations of "extortion":
Insist on protecting rights in accordance with the law: firmly believe that the law is the strongest weapon to protect your own rights and interests, no matter how much pressure the developer exerts, you must stick to the bottom line of the law and solve the problem through legal channels. Solidarity and Struggle: Join forces with other people who are facing the same predicament to form a joint force to fight against the unfair behavior of developers and increase their bargaining chips. Remain patient and prepare for a protracted war: Disputes over compensation for demolition and relocation are often protracted, and the people being demolished should be psychologically prepared to fight a protracted war, not compromise due to short-term difficulties, and persist until the end to win fair compensation.
In the face of the developer's accusation of "extortion", the demolished person needs to respond calmly, clarify the facts, seek legal assistance, and take a firm stand, so as to effectively protect his legitimate rights and interests, break the developer's unreasonable accusations, and finally achieve reasonable and fair compensation for the demolition.
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.