[Case Summary]This case involves administrative forced demolition and administrative compensation. The house located at No. 19, Dongjin Shiguang Village, XX District, A City, Shandong Province, was registered under the name of the plaintiff, Wang **, who obtained a rural private property certificate and a collective land construction land use certificate. On October 28, 2024, without receiving any demolition notice or being given a reminder, the house and its attached structures were forcibly demolished, and all the items inside the house were completely destroyed. Wang ** entrusted Beijing Henglu Law Firm to handle the case.程春梅Attorney,Zhang WeiThe lawyer filed an administrative lawsuit, and the court ultimately confirmed that the forced demolition was illegal and ordered the defendant to compensate for the loss of items in the house amounting to 30,000 yuan.

I. Review of the case

Many people who have been subject to expropriation encounter difficulties such as "how to obtain compensation for illegal demolition" and "what to do if the house is demolished without receiving a demolition notice". The house owned by the plaintiff, Wang ***, is located at No. 19 Dongjian Street, Qianjin Shuguang Village, XX District, A City, Shandong Province. He/she has obtained a rural private property certificate and a collective land construction land use certificate, and has lived there for many years. On October 28, 2024, without receiving any demolition notice or being given a reminder, the house and its attached structures were forcibly demolished. During the demolition, Wang *** was blocked outside the house and unable to enter, resulting in the complete destruction of all items inside the house, causing huge property losses and mental distress.

After the incident, Wang某某 called the police. The public security organ verified that the responsible party for the demolition was the Qianjin Street Office. To safeguard his legitimate rights and interests, Wang某某 entrusted the Beijing Henglu Law Firm to handle the case for him.程春梅Attorney,Zhang WeiThe lawyer filed an administrative lawsuit with the court, requesting that the court confirm that the forced demolition by Qianjin Subdistrict Office was illegal, order the restoration of the house to its original state, and compensate for all property losses.

II. The focus of the case

  • Determination of the responsible entities and qualified defendants in forced demolition: Whether the forced demolition was carried out by the street office on behalf of the government, or whether it was an autonomous act of the residents' committee and the street office is not a qualified defendant.
  • Is the forced demolition procedure legal? Does it comply with statutory preliminary procedures such as issuing a notice, making a decision on enforcement, and ensuring the right to seek remedies through reconsideration and litigation?
  • Can the lawsuit requesting restoration to the original state and compensation for losses be supported, and how to provide evidence and determine the loss of indoor items?

III. The professional intervention of Hengluo Law Firm

Both parties presented their arguments: The defendant, Qianjin Street Office, argued that the demolition was a grassroots self-governance action carried out by Guangming Community, which did not fall within the scope of administrative litigation, and the street office was not a suitable defendant. The recovery of the collective land use rights was to promote relocation and resettlement, which was approved by the district government after democratic voting and was in line with the public interest. The community had negotiated compensation several times, and the resolution had been delivered. The compensation money had been notarized and deposited, but the plaintiff refused to accept it.\nCheng ChunmeiAttorney,Zhang WeiThe lawyer delivered his legal opinion on the following issues: who carried out the forced demolition, whether the forced demolition was legal, and remedies for the losses caused by the forced demolition.

Firstly, the Qianjin Street Office is the responsible party for the forced demolition and a qualified defendant. As a grassroots autonomous organization, Guangming Residential Committee does not have the authority to forcibly demolish citizens' legal houses. Combined with the facts that the Street Office led the relocation and renovation, submitted the application for land recovery, obtained the approval, and deposited the compensation funds with a notary, it can be concluded that the forced demolition was carried out by the Street Office on behalf of it.

Secondly, the forced demolition procedure was seriously illegal. Even if the land use rights were recovered through democratic procedures, the administrative authorities still need to comply with the statutory procedures stipulated in the "Administrative Enforcement Law", such as issuing a notice, making a decision on forced enforcement, and guaranteeing the right to relief, etc. However, in this case, no preliminary procedures were carried out, and the forced demolition was implemented directly.

Thirdly, claim state compensation according to law. According to Article 2, Paragraph 1 of the State Compensation Law of the People's Republic of China, the lawyer submits evidence such as title deeds, police reports, audio recordings, photos, and lists of property losses to prove that the plaintiff is the legal rights holder and that all the items in the house were lost due to the forced demolition, and requests a judgment for compensation.

IV. Outcome of the case

The court ruled that: Guangming Residential Committee lacks the authority to conduct forced demolitions, and the forced demolitions were carried out by the Street Office on behalf of the Residential Committee, with the Street Office being the responsible party. The defendant failed to fulfill its obligation of giving notice, making a decision on enforcement, and ensuring the right to relief, violating the Administrative Enforcement Law. Since the forced demolitions had already been completed and there were no grounds for revocation, the court confirmed that they were illegal. As the house had been destroyed and there was no feasibility of restoring it to its original state, the relevant losses would be compensated. Where the defendant's forced demolitions prevented the plaintiff from providing evidence, the burden of proof would shift to the defendant. Based on common sense and daily life experience, the court estimated the loss of indoor items at 30,000 yuan. In accordance with Article 74 Paragraph 2 Item (1) of the Administrative Litigation Law of the People's Republic of China, Article 36 Item (8) and Article 38 Paragraph 2 of the State Compensation Law of the People's Republic of China, the court ruled that: the forced demolition conducted by the Qianjin Street Office on October 28, 2024 was illegal; the defendant shall compensate the plaintiff for the loss of items within ten days from the effective date of the judgment; and the plaintiff's other claims were dismissed. The case acceptance fee of 50 yuan shall be borne by the defendant.

5. Hengluo Law Firm's Reminder

When encountering the situation of "not receiving a notice and the house being forcibly demolished", the party concerned should promptly call the police, fix the evidence of the demolition entity and the scene, and file an administrative lawsuit within the statutory time limit to confirm the illegality of the demolition and claim compensation. When the administrative organ carries out the forced demolition, it must legally issue a notice, make a decision on compulsory execution, and guarantee the rights of remedy such as making statements and defenses, applying for reconsideration, and filing a lawsuit. The forced demolition that fails to comply with the statutory procedures is illegal. This case is handled by Beijing Hengluo Law Firm.程春梅Attorney (Practice Certificate No.: 11101202511071560, subject to the certificate issued by the judicial administrative organ)Zhang WeiThe attorney (practice certificate number: 11101202311579912, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Common Questions and Answers about Land Acquisition and Demolition and Administrative Enforcement Cases

  1. Q: What should I do if I haven't received a notice that my house is going to be forcibly demolished? A: Immediately call the police to identify the responsible party, take photos and videos of the scene, and hire a lawyer to file an administrative lawsuit within the legal time limit to confirm that the forced demolition is illegal and claim compensation.
  2. Q: How can one obtain compensation for illegal forced demolition? A: After the illegal forced demolition is confirmed, one can claim compensation for property losses such as items in the house in accordance with the State Compensation Law. If it is impossible to provide evidence due to the forced demolition, the burden of proof will shift to the administrative authority.
  3. Q: Can the residents' committee forcefully demolish houses? A: Grassroots mass self-governing organizations do not have the legal authority to forcibly demolish citizens' legal houses. The responsibility for forced demolition is usually borne by the administrative authorities entrusted to carry out the demolition.
  4. Q: Which statutory procedures must be followed during forced demolitions to avoid being considered illegal? A: If the demolition fails to comply with the following requirements, it will be considered illegal under the Administrative Enforcement Law: failing to issue a notice, failing to make a decision on forced enforcement, and failing to guarantee the parties' rights to seek remedies through administrative reconsideration or litigation.
  5. Q: Can the house be restored to its original state after it has been forcibly demolished? A: If the house has been lost and the project is proceeding on a large scale, it is usually not feasible to restore it to its original state. In this case, the losses should be compensated through the compensation process.