For many people, demolition involves not only changes in the living environment, but also a deep touch of personal property and emotions. In the face of this complex and sensitive issue, a question that is often mentioned is: "If I don't sign the demolition agreement, will my house really face the fate of forced demolition?" Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, came to talk to you.
Lawyer's interpretation
1. The legal basis and procedures for demolition and relocation
All demolition and relocation activities must first be built on a solid legal foundation. The Regulations on the Expropriation and Compensation of Houses on State-owned Land is the main legal basis for regulating the expropriation of houses on state-owned land in mainland China, which clarifies the conditions, procedures, compensation standards and measures to protect the rights of the expropriated persons. The core spirit of this regulation is to ensure the legality, fairness and transparency of expropriation activities, and to protect the legitimate rights and interests of the expropriated persons from being infringed.
2. The principle of voluntariness in the signing of the agreement
In the process of demolition and relocation, the signing of the compensation agreement is an important part of confirming the rights and obligations of the two parties to the expropriation. According to the law, the signing of the agreement shall be based on the principle of voluntary and equal consultation between the two parties, and neither party shall force the other party to accept unfair conditions by means of threats, fraud or other means. Therefore, it is a basic right of the expropriated person not to sign the agreement, which shows that he is dissatisfied with the compensation conditions or has an attitude of disagreement with the expropriation.
3. The legal path after not signing the agreement
Refusal to sign the agreement does not directly equate to immediate forced demolition of the house. In effect, this opens up another avenue of legal settlement. When the government or the expropriating entity does not agree to the demolition, it must strictly follow the legal procedures, including but not limited to:
1. Formal expropriation decision: The government needs to issue a formal expropriation decision and make an announcement to clarify the scope, purpose, and compensation standard of expropriation.
2. Formulation and delivery of compensation plan: According to the expropriation decision, formulate a detailed compensation plan and deliver it to the expropriated person to give him reasonable time for consideration.
3. Objection and negotiation: The expropriated party has the right to raise objections to the compensation plan and conduct further consultation with the expropriator, which is a key stage for resolving differences.
4. Administrative reconsideration and litigation: If the negotiation fails, the expropriated person may seek relief through legal channels within the statutory time limit (generally within 60 days from the date of receipt of the compensation decision, or file an administrative lawsuit within 6 months).
5. Judicial review of enforcement: Even if it enters the enforcement stage, it needs to be reviewed and approved by the court. The court will independently judge the legality of the expropriation and the reasonableness of the compensation, and may issue a ruling granting enforcement only if it is confirmed that all legal procedures are complete and the compensation is reasonable.
Fourth, protect rights in accordance with the law and take the initiative
In the face of injustice, waiting passively is not a good solution. The expropriated person should actively study the relevant laws and regulations, understand his rights and obligations, seek the help of a professional lawyer if necessary, and protect his rights and interests through legal means. Specific strategies include:
1. Consult professionals in a timely manner: consult legal experts as soon as possible to evaluate the reasonableness of the compensation plan and understand your legal status.
2. Collect evidence: properly keep all documents, notices and communication records related to expropriation, and prepare sufficient evidence for possible subsequent legal procedures.
3. Actively participate in negotiations: under professional guidance, actively communicate with the expropriator and strive to reach a more reasonable compensation agreement.
4. Legal action: In the case of fruitless negotiation, start administrative reconsideration or litigation procedures in a timely manner, and use legal weapons to defend their rights and interests.
Failure to sign a demolition agreement does not directly lead to the forced demolition of the house, but the expropriated person must know how to take the initiative within the legal framework and protect his legitimate rights and interests in accordance with the law.
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.