When you find that you are clearly entitled to the demolition compensation, but you have not been able to do so, this is undoubtedly a battle of wisdom and legal knowledge, so how can you ensure that you get the demolition money you deserve in time? Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, came to talk to you.
Lawyer's interpretation
Step 1: Communicate and negotiate and present evidence
In the face of "lateness" of compensation payments, the first step is to communicate with the developer who is directly responsible. Bring along your identification, proof of property, household register, and any other relevant documents that prove that you are entitled to compensation. Explain your situation clearly and rationally and show your legitimate claim for compensation. At this stage, keep the lines of communication open and try to find a mutually acceptable solution. Remember, recording or keeping correspondence during communication is an important piece of evidence for subsequent rights protection.
Step 2: The government intervenes and reflects the problem
If direct communication doesn't resolve the issue, you should consider reporting the situation to the government department in charge of the demolition. This usually refers to the local Housing and Urban-Rural Development Bureau or the Land and Resources Management Department. Submit a written complaint detailing your experience, the negotiation efforts you have made and the outcome, and attach all relevant evidence. Government departments have a responsibility to monitor the legality and fairness of demolition projects, and they can hold developers accountable to their compensation obligations, and even intervene in investigations to ensure that your rights and interests are not violated.
Step 3: Legal means to protect rights and interests
If none of the above means are successful, taking up legal weapons is the ultimate and most powerful means. Before you do that, you'll need to prepare:
Gather evidence: including but not limited to demolition notices, compensation policies, negotiation records, witness testimony, etc., any materials that can prove that you are entitled to compensation are crucial.
Determine the subject of litigation: According to laws and regulations, there are various entities that have the right to divide the compensation for demolition and relocation, including family members who have lived for a long time and have no other residence, and persons who have moved out of their household registration for special reasons but are still qualified. Clarify whether you are eligible for compensation recognized by law.
Seek professional help: Hiring an experienced lawyer can not only help you analyze the facts of your case, but also guide you on how to prepare your litigation materials to improve your chances of success.
Filing a lawsuit: Filing an administrative lawsuit with the people's court to request a judgment against the developer or the relevant responsible person to pay compensation. In the process of litigation, maintain close cooperation with lawyers, follow court procedures, actively present evidence, and protect their own rights and interests.
Finally, it is necessary to clarify the subject of rights and avoid omissions
The distribution of compensation for demolition involves complex legal relationships, and according to the current law, the subject who has the right to divide the compensation is not limited to the owner of the house, but also includes eligible occupants. For example, people in certain circumstances, such as long-term residence, new family members due to marriage, and persons with housing difficulties, may become the legal recipients of compensation. Therefore, if you meet one of the above conditions, you are not the registered owner of the title and you are entitled to claim your share of the compensation.
Fighting for compensation for demolition and relocation is a test of legal knowledge, communication skills and patience. In the process of safeguarding one's own rights and interests, it is very important to adhere to a rational and legal approach. Remember, no matter what kind of dilemma you face, the law will always be your strongest back.
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.