What to do if the house is forcibly demolished, what to do if the house is forcibly demolished

1. What should I do if the house is forcibly demolished?

1. The methods for protecting the rights of the demolished person in the event of forced demolition are as follows:

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 report to the police for help when they are violated;

3) After being infringed, the infringer 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.

2. Legal basis: Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

If the housing expropriation department and the expropriated person fail to reach a compensation agreement within the time limit specified in the expropriation compensation plan, or the owner of the expropriated house is not clear, the housing expropriation department shall report to the people at the city and county level who made the housing expropriation decision in accordance with the provisions of these Regulations, make a compensation decision in accordance with the expropriation compensation plan, and make a public announcement within the scope of housing expropriation.

Compensation decisions shall be fair, including matters related to compensation agreements as provided for in the first paragraph of article 25 of these Regulations.

If the expropriated person is dissatisfied with the compensation decision, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.

2. What is the procedure for applying for compensation for forced demolition of houses?

The procedure for applying for compensation for the forced demolition of the house is as follows:

1. Submission of an application for state compensation, the state compensation procedure begins with the claimant submitting an application to the organ obligated to pay compensation, which shall state the victim's circumstances, specific compensation claims, facts and reasons, etc.;

2. The organ with the obligation to compensate makes a decision; The organ with the obligation to compensate shall make a decision on whether or not to compensate within two months from the date of receipt of the application for compensation from the State. Before making a decision, the compensation organ shall fully hear the opinions of the claimant for compensation, and may negotiate with the claimant on the method, item and amount of compensation in accordance with the provisions of law, and where the organ with the obligation to compensate decides to make compensation, it shall draft a written decision on compensation and deliver it to the claimant within 10 days from the date of making the decision, and if the organ with the obligation to make compensation decides not to make compensation, it shall notify the claimant in writing within 10 days from the date of making the decision and explain the reasons for not giving compensation.

Hello, in land acquisition and demolition, if the house is illegally demolished, the expropriated person can take legal measures to protect his legitimate rights and interests.

1. What should I do if the house is forcibly demolished.

1. The treatment method for the forced demolition of the house is as follows:

1) Report to the police in a timely manner and urge the police to investigate the illegal forced demolition;

2) Photography and videography, fixing on-site evidence;

3) Entrust a lawyer to intervene in a timely manner, investigate and collect evidence, and file a lawsuit.

2. Legal basis: Article 47 of the Administrative Licensing Law of the People's Republic of China.

Where the administrative licensing directly involves a major interest relationship between the applicant and others, the administrative organ shall inform the applicant and interested parties of the right to request a hearing before making an administrative licensing decision; Where applicants or interested parties submit an application for a hearing within 5 days of being informed of their right to a hearing, the administrative organ shall organize a hearing within 20 days.

Applicants and interested parties shall not bear the costs of hearings organized by administrative organs.

Article 62.

Administrative organs may conduct sampling inspections, inspections and tests on the products produced and operated by the licensee in accordance with the law, and conduct on-the-spot inspections of their production and business premises in accordance with the law. During the inspection, the administrative organ may consult or require the licensee to submit relevant materials in accordance with the law; The licensee shall truthfully provide relevant information and materials.

In accordance with the provisions of laws and administrative regulations, administrative organs shall conduct regular inspections of important equipment and facilities that have a direct bearing on public safety, personal health, and the safety of life and property. For those who pass the inspection, the administrative organ shall issue the corresponding supporting documents.

2. How long is the statute of limitations for administrative litigation for forced demolition.

The statute of limitations for administrative actions for forced demolition is 6 months. If a person is dissatisfied with an administrative organ's decision on forced demolition, if an administrative lawsuit is directly initiated, the statute of limitations for filing a lawsuit is six months from the date on which the act of forced demolition is known. If an application for administrative reconsideration is made, and the party is dissatisfied with the reconsideration decision, it shall be filed within 15 days of receiving the written decision, and if the party wants to file an administrative lawsuit after the statute of limitations has passed, the people's court shall not accept it.

1. The handling of the house being demolished should be judged according to the specific situation: 1. First of all, it is necessary to determine whether the house that is forcibly demolished is an illegal building, and if it is an illegal building that is forcibly demolished, no compensation will be made. 2. If it is a legal building, it is necessary to negotiate with the demolition party first, and if the negotiation fails, you can apply for administrative reconsideration and file an administrative lawsuit.

3. If there is neither reconsideration nor litigation, and the building needs to be forcibly demolished, it can be closed for compulsory demolition. 1. Forced demolition of houses:

1. Negotiate and settle. Compensation shall be made according to the national compensation standard for land acquisition, and the owner of the house that has been illegally demolished can apply.

2. An administrative lawsuit may be filed to request the revocation of the demolition permit, and the demolition ruling and the court's forced demolition that occur in accordance with the demolition permit shall all be revoked, and the enforcement of the rotary section shall be implemented.

3. At the same time, complaints can be made about the illegality of the demolition application materials submitted by the demolition party that they learned in the litigation.

If the house is forcibly demolished, you can report to the public security, and at the same time pay attention to collecting relevant evidence of illegal demolition, and collect the illegal points in the expropriator's procedure through the application for information disclosure, so as to put pressure on the expropriator and gain time to gain the initiative in negotiation or litigation. In the event of an emergency such as violent demolition and relocation, you should not use violence to counter violence, and try to calm your mind so as not to cause unnecessary damage. If the other party is found to have illegally demolished the case, it is necessary to actively collect evidence and report the case to the public security bureau; if the public security bureau does not accept the case or if it is handled coldly, it can file an administrative reconsideration with the public security organ through legal channels.

The so-called "illegal forced demolition" refers to the act of compulsory demolition without enforcing the legal approval documents. For example, in the case of housing expropriation, if there is no enforcement ruling by the court, it is a typical illegal forced demolition. Another example is in the demolition of illegal buildings, if there is no decision of the first department to demolish within a time limit and directly demolish, it is illegal forced demolition.

Finally, when facing the threat of illegal infringement, it is necessary to immediately report to the police for help, and at the same time formally submit a written request for protection to the local public security organ, and keep the receipt of service. After being infringed upon, it may be requested to file a case for investigation and investigate the criminal responsibility of the infringer. If the public security organs fail to act administratively, they shall bear legal responsibility.

Legal basis

Regulations of the People's Republic of China 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 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, after the house is illegally demolished, it is recommended that the expropriated person protect his rights and interests through legal means as soon as possible.

Hello, if the house is illegally demolished, it is recommended that the expropriated person first collect relevant evidence materials in a timely manner, and then file an administrative lawsuit with the court in a fictitious manner, so as to protect their legitimate rights and interests in accordance with the Chinese law.

When the person being demolished encounters a forced demolition by an administrative organ, he may either submit a request for administrative compensation in an administrative lawsuit against the administrative organ's forced demolition, and the people's court shall make a judgment in accordance with law, or it may first confirm the illegality of the administrative organ's forced demolition, and after the court judgment confirms its illegality, submit a claim for compensation to the organ with the obligation to compensate, and the organ with the obligation to compensate shall pay compensation within two months from the date of receipt of the application.

1. The compulsory demolition of illegal buildings mainly goes through the following procedures:

1. The competent department of urban and rural planning shall make a decision to order the demolition of the illegal building within a time limit and deliver it to the parties.

2. The party concerned did not demolish the illegal building within the prescribed time limit.

3. The urban and rural planning department organizes personnel to implement compulsory demolition measures for illegal buildings.

2. The procedures for forced demolition of houses are:

1. After the decision is made, the housing demolition management department shall notify the demolished person 15 days in advance, and conscientiously do a good job of publicity and explanation, and try to mobilize the demolished person to relocate on his own.

2. If the person being demolished has not been automatically relocated within the time limit specified in the announcement, the executor can formally implement the forced relocation.

3. In the case of compulsory demolition, the person in charge of the sub-district office and the unit to be demolished shall be organized to go to the scene as a witness to the forced demolition, and the notary department shall preserve the evidence of the demolished house and its contents in the house. When compulsory demolition is carried out, the person subject to enforcement shall be present, and of course, if he refuses to appear, it will not affect the enforcement organ's enforcement.

4. When the evidence of the compulsory demolition of the house is preserved, the notary public shall notify the person to be demolished to be present.

5. After the items are counted and registered, they should be transported to the designated place and handed over to the person subject to enforcement for receiving. If it cannot be handed over to the person being demolished immediately, the demolition party shall store the items in a suitable warehouse, and at the same time, the demolition party shall make a notice to notify the parties concerned to collect the items within a certain period of time. If it is not collected within the time limit, the demolition party shall handle the deposit.

6. The houses vacated by compulsory enforcement shall be taken over by the adjudicating authority.

Legal basis: Regulations on the Expropriation and Compensation of Houses on State-owned Land

Article 14 If the expropriated person is dissatisfied with the decision on the expropriation of housing made by the people at the municipal and county levels, he may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit in accordance with the law.

Article 17 The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes: (1) compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for losses caused by the suspension of production and business caused by the expropriation of houses.

Article 18 If the expropriated person meets the requirements for housing security, the people at the city and county level who make the decision to expropriate the housing shall give priority to housing security. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Hello, in the process of land acquisition and demolition, if the house is illegally demolished, it is recommended that the expropriated person should collect relevant evidence materials, such as demolition notices, compensation and resettlement plans, illegal demolition, videos, etc.

Hello, if the house is forcibly demolished without any procedures, it is recommended that the expropriated person must take legal measures in time to protect his legitimate rights and interests.