What should I do if I encounter forced demolition, what should I do if I encounter forced demolition

(1) Promptly report to the police and urge the police to open a case for investigation of illegal forced demolition

Houses are the place where ordinary people live and live, and in the face of forced demolition, many parties are prone to get emotional and counter violence with violence, which leads to physical conflicts and even bloody cases. We believe that such a method is not recommended because it cannot obtain the fundamental purpose of obtaining reasonable compensation that the parties want to achieve, and because it may endanger the personal safety of the parties.

The scientific approach is to call 110 to call the police as soon as possible, and the police have the obligation to go to the police after receiving the report from the citizen. If the police arrive at the scene and do not stop the illegal demolition, it is an omission. If you fail to arrive at the scene for some reason, the party concerned can report to the county public security bureau in writing afterwards, and have the obligation to file a case for investigation of the destruction of citizens' property.

(2) Photography and videography to fix evidence at the scene

The scene of the forced demolition is an important evidence for the parties to protect their rights after the fact, so it is necessary to take photos and videos of the site of the forced demolition as soon as possible to retain the strong evidence of the actual scene.

When taking photos and videos, the parties should pay attention to not getting too close to the camera to avoid the camera equipment being snatched or damaged, but the captured pictures must be clear, including the implementation process of the forced demolition and the situation of the personnel involved in the forced demolition. It is best to have a person close to the front of the recording at the same time, and in the recording, the identity and responsibilities of the on-site personnel in the process of forced demolition can be identified.

(3) Promptly retain a lawyer to intervene, investigate and collect evidence, and initiate litigation

The situation at the demolition site is complex, and the legal relationship behind it is even more complicated. The implementation of forced demolition is rarely carried out in person, and is often achieved in the form of specific operations by developers, communities, village committees, and even idle people in society. Even if there are ** staff members who go to the scene to command, they will shirk it all under various excuses afterwards.

Therefore, for the parties, if your house has been forcibly demolished, simply put, someone has violated your property rights by violent means, whether it is an individual or ** has committed this act, for the parties, it is the only way to do it through judicial channels, if it is an individual who has committed this act, then when it comes to criminal offenses, we should urge the police to file a case for investigation, and file a civil compensation lawsuit at the same time as the procuratorate initiates a criminal lawsuit, and ask the criminal suspect to compensate.

That's right"What to do in case of forced demolition".If you still have relevant legal questions, you can pay attention to non-litigation and private message consultation.

The first choice, find a ** or talk to count points to settle things, even if you give him 10,000 and you take 30,000 more, you are also suitable. Secondly, negotiate a good price with the developer. In the end, this is the last resort, this is the last way to use, there have been countless examples to prove that you can't bear it, but the money for demolition will be less, unless you have the idea and courage to fight to the death.

Now there is a shadow of demolition and relocation all over the country, and the relationship between developers and ** is very close.

If you almost endure it and start your life again in another place, will anyone take care of the interests of the common people? I do not know.

If there is a sudden forced demolition, they ignore the fact that there are still old people in bed at home, then go out and stab two of them, and they are guilty of violating personal property! You're in self-defense!

To defend our homeland is to defend our country in the same way that we need to be sacrificial, and we have to be calm in the face of many enemies.

Whoever negotiates with us, we will deal with whomever we want, just like if the village chief comes to talk with a bad attitude and bad conditions, remember it, for the sake of our homeland, our country, why can't we join his family and destroy his whole family, I believe that only if we all do this, if we all do this, if we forcibly demolish one household, one family will be threatened, and this problem will be solved slowly.

This is not violent resistance to the law, because *** said that treat the enemy like the autumn wind sweeping away the leaves.

First of all, in the event of an emergency such as violent demolition, you should not use violence to counter violence, and try to calm your mind so as not to cause unnecessary damage. Of course, in the face of the unreasonable demolition people, they are very aggrieved and angry, and it is inevitable to do impulsive things, but to think that there is a better solution to this matter, a more legal solution, and the violators will eventually be punished by law.

Compromise a good price, otherwise it won't do you any good, really.

Are you talking about games, or reality?

In the case of violent forced demolition, the parties may apply to the grassroots organization for mediation, and may file a lawsuit with the court. Forced demolition and relocation have strict provisions on the subject and requirements of demolition, and illegal forced demolition infringes on the legitimate rights and interests of the demolished, and also violates the relevant provisions of the public security administration regulations.

Legal basis. Article 233 of the Civil Code of the People's Republic of China.

If the property right is infringed, the right holder may do so through conciliation, mediation, arbitration, litigation and other means.

1.Submit a request for information disclosure.

The premise of house demolition is that the house and its land have been expropriated for the public interest, and the expropriated person may submit an application for information disclosure to the Land and Resources Bureau and the planning department to check the relevant circumstances of the house or land expropriation.

2.Grasp the evidence of forced demolition and report it to the police.

In the process of house demolition, if the person being demolished encounters violent means such as threats and beatings, the person being demolished shall report to the public security after obtaining relevant evidence of the act of protecting the profits. If the public security ignores the police after receiving the report, the person being demolished may apply to the higher level of the public security or the ** to which the public security belongs.

3.Demolition litigation code file.

Where the lawful rights and interests of the person being demolished are harmed due to violent demolition, they may file a lawsuit with the court to protect their lawful rights and interests through litigation.

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1. What should I do if I am forcibly demolished?

1. The treatment method of being forcibly demolished is as follows:

2) Illegal demolition should be reported to the police, first report to the police ** will not file a case, go to the investigation and supervision department of the procuratorate to urge the public security to file a case, and then explain the illegal demolition Kaiye roll, file an administrative lawsuit, and ask the state for compensation.

2. Legal basis: Article 27 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

Housing expropriation shall be compensated first and then relocated.

After the people at the city or county level who made the decision to expropriate the house compensate the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or the compensation decision.

No unit or individual may force the expropriated person to relocate by violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations. Construction units are prohibited from participating in relocation activities.

Article 31.

Where violence, threats, or interruption of water supply, heat supply, gas supply, power supply, and road traffic are used in violation of provisions to force the requisitioned surplus collectors to relocate, causing losses, they shall be liable for compensation in accordance with law; Where a crime is constituted against the directly responsible managers and other directly responsible personnel, criminal responsibility is to be pursued in accordance with law; where a crime is not constituted, sanctions are to be given in accordance with law; where a violation of the administration of public security is constituted, a public security administrative sanction is to be given in accordance with law.

Second, what are the ways of forced demolition?

1. Administrative forced demolition, upon application by the district or county real estate bureau, the district and county people instruct the district, county real estate bureau and public security organs and other relevant organs and departments to carry out the forced demolition, before the implementation of compulsory demolition, the demolition party shall be demolished on the relevant matters of the house, to the notary public for evidence preservation;

2. Judicial forced demolition shall be carried out by the people's court upon application to the people's court by the district or county real estate bureau. At the same time as the implementation of the strong ridge and demolition, the compensation and resettlement of the demolished person or the tenant of the house shall be implemented at the same time.

First of all, make a preliminary judgment on whether the forced demolition of the house is legal! You may wonder how I can tell if it's legal. It's simple, just remember one thing.

Have you received a compensation decision? Have you received a sub-assessment report? Is there a reminder?

If you haven't received it, then the demolition is an illegal demolition.

Second, an administrative reconsideration and administrative lawsuit were immediately initiated, and the expropriator was requested to confirm that the forced demolition of the house was illegal.

For example, the Hefei Court (2020) Anhui 0103 Xingchu No. 197 Administrative Judgment ruled that the forced demolition of houses by the Xiaodou Office of Housing Expropriation in Luqing Pinyang District was illegal.

At the same time, the legal procedure for administrative compensation was initiated, requiring the expropriator to bear the responsibility for administrative compensation.

Finally, the standard of administrative compensation is not lower than the standard of compensation for expropriation. If other damages are caused, they will also be liable for compensation.

Hello, after the house is illegally demolished, the expropriated person Mo Hui should take pictures and videos of the scene in a timely manner, and call the police** which calendar to call the police, and then protect their legitimate rights and interests through legal channels in accordance with Li Yousou's law.

The ways to deal with the rights protection of houses that have been forcibly demolished are as follows:

Ask the local Ministry of Housing and Urban-Rural Development to search the door: Lead can complain to the department about the forced demolition of houses and ask for an investigation.

Complain to the ** department of the local silver calendar: If you do not get a satisfactory reply from the housing and urban-rural development department, you can complain to the local ** department.

Legal means: If the above two channels are invalid, you can protect your rights through legal channels and file a lawsuit with the court.

In the case of illegal compulsory demolition by an administrative organ, an administrative lawsuit may be filed in written or oral form with the people's court for the illegal administrative act, and an application may be made to the administrative organ for corresponding compensation based on the damage suffered by the administrative organ's forced demolition.

Article 12 of the Administrative Litigation Law of the People's Republic of China: People's courts accept the following lawsuits brought by citizens, legal persons, or other organizations that are late: (1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments; (2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property; (C) an application for administrative licensing, the administrative organ refuses or does not respond within the statutory time limit, or is dissatisfied with other decisions made by the administrative organ on administrative licensing; (4) Refusing to accept a decision made by an administrative organ to confirm the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas; (5) Refusing to accept the expropriation or expropriation decision and the compensation decision; (6) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or other lawful rights and interests, but the administrative organ refuses to perform or does not respond.

Legal analysis: The handling methods in case of forced expropriation and forced demolition are as follows: 1. Report to the police in time; 2. Fix on-site evidence; 3. File a lawsuit.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 31 Where the expropriated person is forced to relocate by means of violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of Ming Tangerine regulations, and causing losses, he shall be liable for compensation in accordance with law.

In the face of illegal demolition, we should first ensure the personal safety of our own demolition fingers, remember that "rights protection is not illegal", rationally and peacefully pick up the law to protect their legitimate rights and interests, and return the method of rights protection to the law.

Legal analysis: When encountering the problem of forced demolition, first call the police as soon as possible, urge the police to file a case for investigation of illegal forced demolition, then take photos and videos, fix the evidence at the scene, and finally entrust a lawyer to intervene in a timely manner, investigate and collect evidence, file a lawsuit, and protect the legitimate rights and interests of the stool.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land Article 31 Where the expropriated person is forced to relocate by illegal means such as violence, threats or violations of regulations, such as interrupting water supply, heat supply, gas supply, power supply and road access, etc., causing losses, he shall be liable for compensation in accordance with law; Where a crime is constituted against the person in charge and other persons directly responsible for the training of the person in charge, criminal responsibility shall be pursued in accordance with law; where a crime is not constituted, sanctions are to be given in accordance with law; where a violation of the administration of public security is constituted, a public security administrative sanction is to be given in accordance with law.

Article 32 Where violence, threats or other methods are used to obstruct the expropriation and compensation of houses in accordance with law, which constitutes a crime, criminal responsibility shall be pursued in accordance with law; where a violation of the administration of public security is constituted, a public security administrative sanction is to be given in accordance with law.