With the rapid development of the mainland economy, more and more attention has been paid to economic construction and urban infrastructure, and the state has issued a lot of laws to regulate the expropriation and demolition, but there are still some places that do illegal things in the name of demolition, such as demolition and illegal collection, demolition and requisition, rent first and then levy and other routines that infringe on the legitimate rights and interests of the people emerge in an endless stream Relevant legal knowledge.
The facts of the case
This case comes from an illegal forced demolition case handled by the team of Shi Xining, the chief lawyer of Beijing Jingkang Law Firm:
Ms. Han's family lives in Xincheng District, Xi'an, and she owns a legal house in the area. In March 2022, the government issued an expropriation decision, and Ms. Han's house was within the scope of expropriation, but Ms. Han refused to sign the compensation agreement because she was dissatisfied with the compensation standard of the expropriator. However, in May 2022, Ms. Han suddenly received a letter from the Sub-district Office of the "Dilapidated House Demolition and Emergency Avoidance Decision", which stated that Ms. Han's house was a dilapidated house and asked Ms. Han to move out of the house immediately. Ms. Han was puzzled, why did her house suddenly become a dilapidated house? Ms. Han was puzzled and found Shi Xining, the chief lawyer team of Beijing Jingkang Law Firm. Through consultation, Ms. Han knew that the decision was a serious violation of legal procedures, so she started the road of rights protection with the help of the lawyer team.
Jingkang lawyer's demeanor
According to Article 28 of the Regulations on the Safety Management of Urban Housing Use in Xi'an, "If the town people's government or the sub-district office finds that the houses within its jurisdiction have the circumstances specified in Article 25 and Paragraph 1 of Article 26 of these Regulations, they shall promptly urge the person responsible for housing use safety or the construction unit to entrust the housing safety appraisal, and inform the district or county housing use safety administrative department or the development zone management committee." ”
According to the above legal provisions, the appraisal of dangerous houses should be entrusted by the person responsible for the safety of housing use or the construction unit for different situations. In this case, the client who appraised the plaintiff's house was the expropriation and resettlement headquarters of the sub-district office, which did not comply with the provisions of the above-mentioned regulations on the subject of entrusted appraisal. In addition, the housing safety appraisal shall be conducted by the housing safety appraisal institution established in accordance with the provisions of the state. Therefore, the "Decision on Demolition of Dilapidated Houses and Emergency Avoidance" made in this case is illegal and should be revoked!
After fierce court debate, the court finally supported Ms. Han's claim on the premise of fully stating the facts and citing the relevant laws.
Therefore, when encountering the demolition party to demolish the illegal expropriation, demolition on behalf of the expropriation, first rent and then expropriate and other routines to infringe on the legitimate rights and interests of the people, you must remember to contact our lawyers in time and bravely take up legal weapons to protect your legitimate rights and interests!
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.