[Case Summary]This case involves an administrative enforcement dispute. Wang * is a villager of a certain district in Beijing, and he owns a residential plot with the number 584 in the village. The plot was built in 1997 and renovated in 2002, with an area of about 217.1 square meters. In 2023, the town government issued a "Demolition Order" and carried out the forced demolition during Wang *'s appeal period. Beijing Hengluo Law FirmQiu JuanThe lawyer representing Wang * focused on the core disputes of whether the determination of the illegal construction was legal and whether the forced demolition procedure was illegal. The applicable legal provisions are the relevant provisions of the "Administrative Enforcement Law of the People's Republic of China". The District Government's No. 506 Review Decision has confirmed that the "Demolition Restriction Decision" was illegal, and the court ultimately confirmed that the town government's forced demolition action was illegal.

I. Review of the Case Facts

Often, when discussing demolition instead of relocation, people search for terms like "Is it illegal to forcibly demolish a house identified as illegal construction within the scope of demolition?", "Can demolition be carried out during the appeal period?", and "Is it still legal to forcibly demolish a building after the demolition order is revoked?". Wang * is a villager from a certain village in a certain district of Beijing City. He owns plot No. 584 in the village and built a house on the plot in 1997 and renovated it in 2002, resulting in the building involved in the case, with an area of about 217.1 square meters. On June 29, 2023, the town government published the "Relocation Announcement for Road Projects"; on July 27, 2023, the town government issued Announcement No. 0012 to Wang *, identifying the building involved in the case as an illegal construction and ordering its demolition within a specified time limit. After Wang * submitted materials proving that the building was not illegal, he received the "Demolition Order" on August 1, 2023, requiring him to demolish the building within seven days. Wang * appealed to the district government for administrative review the next day. On August 16, 2023, the town government issued "Demolition Order" No. 0202, stating that the demolition would take place on August 16 and would be carried out the following day. During the trial, the district government issued "Administrative Review Decision" No. 506 on November 8, 2023, confirming that the demolition order issued by the town government was illegal.

HengluoQiu JuanThe lawyer argued that the building involved in the case was within the scope of relocation, and the town government should relocate and compensate the owners before demolishing it. The No. 506 reconsideration decision has confirmed that the "Demolition Restriction Decision" was illegal. The town government's forced demolition was a substitute for relocation, which seriously infringed the legitimate rights and interests of the owners. Therefore, an administrative lawsuit was initiated to confirm that the forced demolition was illegal.

II. The focus of the case

  • Focus 1: Whether the identification of illegal construction is legal and whether the facts are clear.The lawyer pointed out that the town government failed to conduct a comprehensive investigation into the construction situation and historical factors, and that the "Demolition Restriction Decision" had been reviewed and confirmed to be illegal, so the forced demolition lacked a legal basis.
  • Focus Two: Whether the law enforcement procedures are legal.The lawyer pointed out that the town government carried out the forced demolition the day after making the "Demolition Restriction Decision" during the reconsideration, which violated the provisions of the Administrative Enforcement Law that the forced demolition can only be carried out after the expiration of the reconsideration and litigation period, and the procedures such as issuing a notice of urging the parties to appear at the scene.
  • Focus Three: Should the forced demolition be revoked or confirmed as illegal?As the building has been damaged and there is no content to be revoked, it should be ruled that the construction is illegal.

III. The professional intervention of Hengluo Law Firm

The original plaintiff (Wang *):Wang * claimed that the building involved in the case was within the scope of relocation, and the town government should relocate and compensate him according to law before demolishing it. The No. 506 reconsideration decision has confirmed that the "Demolition Restriction Decision" is illegal, and the town government's forced demolition is a substitute for relocation. He requested that the forced demolition be confirmed as illegal.

The defendant (the town government) argued that:The defendant claimed that the demolition of the building involved in the case of Wang * was based on clear facts, conclusive evidence, correct application of the law, and legal procedures, and requested that Wang *'s lawsuit be dismissed.

Legal Opinion by Hengluo Law Firm:Qiu JuanThe lawyer pointed out that: Firstly, regarding the identification of illegal construction, although the town government sent a letter to the Urban Planning and Construction Bureau for verification, the buildings involved in the case may be related to the government's relocation project. Therefore, it should have fulfilled its obligation of careful investigation. However, the town government failed to conduct a comprehensive investigation and verification of the construction situation and historical factors. The "Demolition Order" issued by it was also confirmed to be illegal by the district government in the review process. Therefore, the forced demolition has lost its legal basis and is considered as evidence-insufficient and fact-unclear. Secondly, regarding the enforcement procedures, according to the "Administrative Enforcement Law", forced demolition can only be carried out in accordance with the law after the expiration of the time limit for the parties to apply for reconsideration and administrative litigation. However, the town government carried out the forced demolition on the day after issuing the "Demolition Order" while Wang * was still in the process of applying for reconsideration of the "Demolition Order", which was not in accordance with the regulations and failed to fully perform the procedures of urging and notifying the parties to appear at the scene, thus constituting a procedural violation.

IV. Outcome of the case

After the court's trial, the attorney's opinion of Henglue Law Firm was adopted, and it was ultimately confirmed that the town government's act of forcibly demolishing Wang's building involved in the case was illegal. The court held that the defendant town government's act of forcibly demolishing Wang's building involved in the case on August 17, 2023, had unclear facts and serious procedural violations, and should be revoked. However, considering that the building involved in the case has been actually damaged and does not have any revocable content, the court should rule that the act is illegal.

5. Hengluo Law Firm's Advice

This case is being handled by Attorney Qiu Juan of Beijing Henglu Law Firm (practice license number: 11101201811026953, subject to the document issued by the judicial administrative authority). Within the scope of the demolition and relocation, the administrative authority shall first provide resettlement and compensation in accordance with the law before demolition; if the demolition is carried out under the guise of "demolishing illegal buildings" instead of "demolishing and relocating", and the demolition is carried out without a comprehensive investigation and within the time limit for reconsideration and litigation, it is often recognized as illegal. If the person subject to the demolition encounters forced demolition and relocation, he/she should promptly apply for reconsideration or litigation, and fix the ownership of the building and the historical construction evidence.

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

  1. Q: Is it illegal to demolish a house within the scope of demolition that has been identified as an unauthorized construction?
    A:If the historical factors have not been fully investigated, and the decision to demolish the building is reviewed and confirmed to be illegal, and the demolition is carried out during the review period, it constitutes using demolition of illegal buildings to replace forced eviction. In this case, the party concerned can file a lawsuit to confirm the illegality of the decision.
  2. Q: Can the demolition be carried out during the review period?
    A:No. According to the Administrative Enforcement Law, the demolition can only be carried out in accordance with the law after the expiration of the time limit for the party's review and administrative litigation.
  3. Q: Is forced demolition still legal after the decision to restrict demolition is revoked?
    A:It's illegal. If the demolition restriction decision, which is the basis for the forced demolition, is confirmed to be illegal or revoked, the forced demolition will lose its legal basis.
  4. Q: How to confirm that the forced demolition process is illegal?
    A:The focus of the review is to determine whether the notice was issued, whether the parties were notified to attend the hearing, and whether the procedures were implemented within the review litigation period. The absence of any of these procedures may confirm that the action was illegal.
  5. Q: Can we still confirm that the building is illegal even though it has already been demolished?
    A:Yes. Although it does not have revocable content, the court can rule to confirm that the forced demolition is illegal, which can be used as the basis for subsequent claims for compensation.