What should I do if the old house in the countryside is demolished, and what should I do if the rura

Legal analysis: In the case of illegal forced demolition of rural houses, the person being demolished can report to the public security in a timely manner, pay attention to collecting relevant evidence of illegal demolition, and collect illegal points in the procedural operation of the expropriator through the application for information disclosure, so as to exert pressure on the expropriator and gain time to gain the initiative in negotiation or litigation.

Where the expropriated person is forced to relocate by illegal means such as violence, threats or interruption of water supply, heat supply, gas supply, power supply and road passage in violation of regulations, causing losses, it 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.

If the house of the person being demolished is legally forcibly demolished, an enforcement objection may be raised in accordance with the relevant procedures of the Civil Procedure Law, and the court will review or hold a hearing on the enforcement objection, and finally make a ruling.

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 violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations, causing losses, he 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.

Hello, after the illegal demolition of the old house in the countryside, in addition to collecting relevant evidence materials in a timely manner, the expropriated party must also start the legal procedure in a timely manner to demand compensation for the loss of their legal property caused by the illegal demolition, including compensation for the value of the expropriated house, resettlement subsidies, seedling subsidies, ground attachments and social security fees.

Legal Analysis: Depends on the specific situation. Forced demolition can be divided into two types, one is legal forced demolition and the other is illegal forced demolition.

In the face of illegal forced demolition, appropriate measures should be taken before forced demolition to effectively prevent the occurrence of illegal forced demolition and extend the demolition period as much as possible. During forced demolition, it is necessary to pay attention to the collection of evidence of the illegal acts of the demolition party, so as to prepare for future compensation negotiations and compensation applications. After the forced demolition, a lawsuit should be filed with the judicial authority in a timely manner.

If the house in your hometown is forcibly demolished, you can first go to the public security bureau to report the case and let the public security organ handle it. China's law stipulates that if the state needs to expropriate land in accordance with the law, then if there is no application to the court for administrative reconsideration, the court can enforce it after the application is made by the ** department.

Legal basis: Article 4 of the State Compensation Law of the People's Republic of China: Where an administrative organ or its staff infringes on property rights in any of the following circumstances when exercising their administrative powers, the victim has the right to obtain compensation: (1) illegally imposing administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and business, and confiscation of property; (2) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property; (3) Illegally expropriating or requisitioning property; (4) Other illegal acts that cause damage to property.

Article 28 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land If the expropriated person does not apply for administrative reconsideration or does not file an administrative lawsuit within the statutory time limit, and does not relocate within the time limit specified in the compensation decision, the people at the city and county level who made the decision on housing expropriation shall apply to the people's court for compulsory enforcement in accordance with the law. The application for compulsory enforcement shall be accompanied by materials such as the amount of compensation and the location and area of the special account storage, property right exchange housing and swing housing.

With more and more land acquisition and demolition projects across the country, Beijing Zaiming lawyers have found such a demolition situation in many land acquisition and demolition cases: due to many reasons, many rural farmers have built houses on their own farmland. In the case of expropriation and demolition, the expropriator will deal with it as an illegal building without exception.

That is, the houses on cultivated land are forcibly demolished without compensation. However, in this way, the question arises, the house is demolished, and the peasants have no house to live in, what to do?

In practice, there are not a few farmers who have been displaced by demolition, and these farmer friends could never have imagined that they would let themselves live on the streets because of the land acquisition and demolition project under the banner of benefiting the country and the people. The house I have lived in for decades is gone, and no one can accept it. Therefore, we have to embark on the road of petitioning, making trouble, and gathering for visits, which has become a major factor of instability in society.

In the final analysis, is it because the peasants are illegal to build houses on cultivated land, or because the expropriator does not compensate for the demolition of the houses? The following lawyer in Ming will analyze this problem for you in detail.

First of all, according to the policy of "one house per household", it should be to ensure that every household in the village has an independent homestead to build a house, but in fact, there are indeed people in the village who do not have a homestead. There are two main reasons for this: first, the rural areas are engaged in new rural planning, and in order to realize this plan, some places have restricted the demand of farmers to build houses; Second, after the rural land has been contracted to the households, the reserved land in the villages is insufficient, and they are unable to expand the area of the homestead land.

Due to these two reasons, it has brought great difficulties to some newly divided peasants to apply for homestead land. Some peasants want to build a house, how many times they have to run, some peasants do not get approval for a year or two, and some peasants have no choice but to build a house in the farmland.

Hello, if the rural homestead is illegally demolished, it is recommended that the expropriated person can take legal measures in time to protect his legitimate rights and interests.

1. When facing the threat of illegal infringement, formally submit a request for protection to the local public security organ in writing, and keep the receipt of service.

2. Immediately call the police for help when you are infringed.

3. After being infringed, it is required to file a case for investigation and investigate the criminal responsibility of the infringer.

4. Submit an administrative reconsideration or administrative lawsuit for administrative inaction to the court at an appropriate time.

5. Litigation is not an end or a means, but a way to promote the resolution of disputes and obtain reasonable compensation through litigation.

1. Which department to report the illegal forced demolition?

In the event of illegal forced demolition, the police shall immediately report to the public security organs, and may also apply to the demolition department for administrative reconsideration or file an administrative lawsuit with the court. 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.

The administrative acts of the administrative organs must be carried out in accordance with the law, in order to prevent the abuse of power, and citizens also have the right to supervise the actions of the administrative organs.

2. What are the conditions for the forced demolition of illegal houses in rural areas?

1. Buildings that are conducive to agricultural development do not need to be demolished.

2. Houses that meet the national standards under the conditions stipulated by the state, for example, if the state stipulates that such rural households can enjoy the policy of multiple houses per household, the houses of rural households in this situation can be retained.

3. The conditions of the farmer's family are indeed poor, and only this house, and although this house is characterized as an illegal building and needs to be demolished, as long as the area of the farmer's house is not large and meets the area index of poor housing, this illegal house will be retained and does not need to be demolished.

4. As long as the courtyards and sheds built by farmers on their homesteads, as long as the location of the buildings does not exceed the scope of use of their homesteads, they are regarded as legal buildings and cannot be demolished.

5. The state encourages the industrial development of rural areas, so some of the "three no factories" established in rural areas, that is, warehouses without relevant land certificates or other documents, can be suspended for demolition, and the person in charge of the plant can go to the relevant departments to complete the corresponding procedures during this period, and the plant can be exempted from demolition and can continue to be used.

Forced demolition is divided into compulsory demolition of illegal buildings and compulsory demolition of expropriated houses. The Administrative Coercion Law has clear provisions on forced demolition, and if the conditions and procedures are met, the forced demolition is not illegal. After an administrative organ has made an administrative decision in accordance with law, if the parties do not perform their obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement shall enforce it in accordance with provisions.

Legal basisArticle 34 of the Administrative Coercion Law.

After an administrative organ has made an administrative decision in accordance with law, if the parties do not perform their obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement shall enforce it in accordance with the provisions of this chapter.

When the house is forcibly demolished, the means of protecting the rights of the demolished person are: 1. Be able to report to the public security, and at the same time pay attention to collecting relevant evidence of illegal demolition. 2. By applying for information disclosure, collect the illegal points in the procedural operation of the expropriator, and then exert pressure on the expropriator to gain time to gain the initiative in negotiation or litigation.

Legal basis

Article 13 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land shall be announced in a timely manner after the people at the municipal and county levels make a decision on the expropriation of houses. The announcement shall specify the expropriation compensation plan, administrative reconsideration, administrative litigation rights, and other matters. Municipal and county-level people** and housing expropriation departments shall do a good job in publicizing and explaining housing expropriation and compensation.

If the house is expropriated in accordance with the law, the state-owned land use right shall be recovered at the same time. Article 31 Where the expropriated person is forced to relocate by illegal means such as violence, threats or interruption of water supply, heat supply, gas supply, power supply and road traffic in violation of regulations, causing losses, he 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.

Hello, whether it is a house on agricultural land or a house on state-owned land, after being illegally demolished, it is recommended that the expropriated person take legal measures in a timely manner to protect his legitimate rights and interests.