[Case Summary]This case involves an administrative enforcement dispute. The plaintiff, Zhang * *, is the owner of the house on the residential land in Guangming Village, D Town, A District, Taizhou City. After the house was forcibly demolished, Zhang * * sued the D Town People's Government in court. Beijing Henglu Law FirmYu DayiThe lawyer represents Zhang *. The core disputes are the identification of the entity responsible for the forced demolition and whether the forced demolition is legal. Applicable laws: Article 2 of the Administrative Litigation Law of the People's Republic of China, relevant provisions of the Administrative Punishment Law of the People's Republic of China, and Articles 34, 35, 36, 37, 38, and 44 of the Administrative Enforcement Law of the People's Republic of China. The court ruled that the D Town government's forced demolition of Zhang *'s house on April 27, 2024, was illegal.

I. Review of the case

Rural houses are often subject to forced demolition, and people often search for questions like "Is it illegal for the town government to forcibly demolish my house?", "What procedures should be followed for the forced demolition of illegal buildings?", and "Can the village committee forcibly demolish houses?". The plaintiff, Zhang * *, is the owner of the house located at No. 25, Group 02, Guangming Village, D Town, A District, Taizhou City. Due to the dilapidation and neglect of the house, in July 2020, Zhang * * entrusted her brother-in-law, Liu *, to carry out the repair work, and built three new one-story houses on the north side of the original house, which are the houses involved in this case. In April 2024, due to the procuratorate's investigation into the town government's negligence in fulfilling its basic responsibilities for protecting basic farmland and the Agricultural and Rural Affairs Bureau's letter requiring the disposal of illegal buildings, the houses involved in this case were demolished on April 27, 2024. Zhang * * entrusted someone to handle the case.Yu DawaiThe lawyer filed a lawsuit, requesting to confirm that the forced demolition by the D Town government was illegal.

II. The focus of the case

  • Focus 1: How to identify the entity responsible for the demolition action.The town government and the village committee both claimed that it was the village committee that carried out the demolition; the lawyer provided evidence such as on-site videos, photos, and letters from the procuratorate and the agricultural bureau to prove that the town government was also involved in the demolition.
  • Focus II: Whether the forced demolition is legal.The lawyer pointed out that the procedure was seriously illegal, as no investigation was conducted before filing a case, no statements or defenses were heard, no rights to appeal or litigation were informed, no announcement was made, and no documents for demolition restriction and enforcement were prepared.
  • Focus 3: Does the village committee have the right to carry out administrative demolitions?The lawyer argued that the village committee is an autonomous organization and does not have the right to carry out administrative demolitions. Even if it participates in the demolition, it is only implementing the instructions of the town government, and the consequences should be borne by the town government.

III. Professional intervention by Hengluo Lawyers

The original plaintiff (Zhang **) claimed that:Zhang * claimed that he was the owner of the right to use the house site in question and the person who funded the construction of the house. The house was forcibly demolished by the D Town government, and he had the right to sue. He requested that the forcible demolition be confirmed as illegal.

The defendant (the town government and the village committee) argued that:The town government and the Guangming Village Village Committee both argued that the demolition in question was carried out by the Guangming Village Village Committee.

Hengluo Lawyer's Representation Opinion:Yu DawaiThe lawyer carefully reviewed the facts and collected evidence, pointing out that: Firstly, the plaintiff has the qualification to be a litigant. According to Article 2 of the Administrative Litigation Law, he/she is the owner of the collective land use rights and the investor in the construction of the house, which has been forcibly demolished; Secondly, regarding the identification of the subject, the town government had negotiated with Zhang's relatives about the land use for construction before the demolition, and there were multiple town government staff members on site. Moreover, the procuratorate and the agricultural bureau also required the town government to handle the matter according to law, which fully proved that the town government and the village committee jointly carried out the forced demolition based on the goal of administrative management; The village committee can only exercise the right of villagers' autonomy and has no right to carry out forced demolition. Even if it participated, it was to implement the instructions of the town government, and the consequences should be borne by the town government. Finally, regarding the legality, the town government identified the illegal construction without conducting a case investigation, hearing the plaintiff's statement and defense, informing the plaintiff of the remedies and time limits for appeal, or informing the plaintiff of the right to a hearing, which violates the relevant provisions of the Administrative Punishment Law; Before the forced demolition, the town government failed to make an announcement, issue a "Decision on Demolition within a Limited Time", give a reminder, or issue a "Decision on Enforcement and Announcement", which violates Articles 34, 35, 36, 37, 38, and 44 of the Administrative Enforcement Law and constitutes an illegal act.

IV. Outcome of the case

The court ultimately adopted the legal opinion of Attorney Yu Dawei and ruled that the D Town Government's act of forcibly demolishing Zhang's house located at No. 25, Group 6, D Town, A District, Taizhou City on April 27, 2024, was illegal. This ruling effectively safeguarded Zhang's legitimate rights and interests and laid a foundation for his subsequent legal protection.

5. Henglu Law Firm's Reminder

This case is being handled by Attorney Dawei of Beijing Henglu Law Firm (Practice Certificate No.: 11101201010292290, subject to the document issued by the judicial administrative authority). There are strict legal procedures for identifying and forcibly demolishing illegal buildings: an investigation must be initiated, statements and defenses must be heard, and the right to appeal and the right to a hearing must be informed. Before the demolition, a public announcement must be made, a "Limit-Time Demolition Decision" must be prepared and served, a reminder must be issued, and a "Forced Execution Decision" and a public announcement must be made. The village committee does not have the right to forcibly demolish buildings. If the procedures for forcible demolition led by the township government are lacking, it may be deemed illegal. In the event of forcible demolition, it is necessary to consult a professional lawyer in time and fix the evidence on site.

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

  1. Q: Is it illegal for the town government to forcibly demolish my house?
    A:If the demolition is carried out without an investigation into the case, without serving a demolition notice, without issuing a reminder, without making a decision on enforcement and announcing it, it violates the "Administrative Enforcement Law" and the party concerned may sue to confirm the illegality of the demolition.
  2. Q: Can the village committee forcibly demolish villagers' houses?
    A:No. The village committee is a villagers' self-governing organization and does not have the right to carry out administrative demolitions. Its participation in forced demolitions is usually in accordance with the instructions of the township government, and the legal consequences are borne by the township government.
  3. Q: What legal procedures must be followed to determine whether a building is an illegal construction?
    A:An investigation should be initiated, the parties' statements and defenses should be heard, and they should be informed of the ways and deadlines for applying for administrative reconsideration or initiating administrative litigation, as well as their right to a hearing. Otherwise, the determination process will be deemed illegal.
  4. Q: Is it necessary to issue a public notice and a reminder before carrying out a forced demolition?
    A:It's necessary. Before the administrative organ carries out the forced demolition, it shall make an announcement, prepare and serve the "Decision on Demolition within a Time Limit", issue a notice of enforcement, make the "Decision on Enforcement" and issue a notice of enforcement.
  5. Q: What's the point of confirming that the forced demolition is illegal?
    A:It is an important prerequisite for confirming that an administrative act is illegal and subsequently claiming state compensation or pursuing further legal protection. It can identify the responsible party and the illegal facts of the case.