[Case Summary]This case is an administrative lawsuit. Liu Guifen, a villager from Luzhou, Sichuan Province, owned a legal residential house on her homestead with a "Village and Town House Ownership Certificate", which was forcibly demolished by Guangming Street Office on July 8, 2024. Liu Guifen entrusted Beijing Henglu Law Firm to handle the case.Wen Pinliang is a talented writer with great literary accomplishment.The lawyer requested to confirm that the forced demolition was illegal. The core dispute is whether the street office has the legal authority to conduct forced demolitions and whether the procedure is legal. The applicable laws are Article 13 of the "Administrative Enforcement Law of the People's Republic of China" and Article 45 of the "Implementing Regulations of the Land Administration Law of the People's Republic of China". The court ruled that the street office did not have the right to conduct forced demolitions and exceeded its authority, and the court confirmed that the forced demolition was illegal.

I. Review of the Case Facts

Does the street office have the right to forcibly demolish my house? The parties often search for terms like "Is it illegal for the street office to forcibly demolish a house?", "Is a forced demolition valid without a court ruling?", and "How to sue for the forced demolition of a house on a residential plot?". The plaintiff, Liu Guifen, is a villager of Shuguang Group, Guangming Village, Luzhou City, Sichuan Province. She owns a legal residential plot and house in the village, and holds a "Village and Town House Ownership Certificate". The house is located at No. 56 West Road, covering an area of about 69.21 square meters and with a total construction area of about 331.33 square meters. In recent years, the local government demanded that Liu Guifen agree to the demolition on the grounds that the house was within the scope of expropriation. However, due to the lack of transparency in the policies and unfair compensation, no agreement was reached. On August 30, 2018, the Guangming Street Office deposited 116,081 yuan in the name of Liu Guifen. On July 8, 2024, the Guangming Street Office of Jiangyang District, Luzhou City organized personnel to forcibly demolish the plaintiff's house. Liu Guifen believes that the forced demolition is illegal and has appointed a lawyer to handle the case.文品良The lawyer filed a lawsuit.

II. The focus of the case

  • Focus 1: Does the defendant have the legal authority to carry out forced demolitions?Is it an abuse of power to carry out forced demolitions without legal authorization?
  • Focus II: Is the demolition process legal?The authorities failed to make decisions on compensation and resettlement, enforce the decisions by force, or issue notices of default, and they also failed to apply to the court for assistance.
  • Focus Three: Whether the entity is in violation of the law.Does the forced demolition result in the plaintiff's loss of legitimate property?

III. The professional intervention of Hengluo Law Firm

The plaintiff claimed that:Liu Guifen argued that the defendant did not have the statutory authority to conduct forced demolitions; prior to the forced demolition, the defendant failed to make a decision on expropriation compensation and resettlement, failed to make a decision on enforcement, and failed to issue a notice of urgency. Moreover, the defendant also failed to apply to the court for enforcement. The procedure and the substance of the demolition were illegal, and she requested that the forced demolition on July 8, 2024 be confirmed as illegal and that the defendant bear the litigation costs.

The defendant argued that:The defendant argued that the forced demolition was based on public interest and the need for urban renewal. Other residents had already been relocated, and the plaintiff's house was an obstacle to the project and posed a safety hazard. Compensation had been paid, so the plaintiff's interests had not been materially damaged.

Hengluo Lawyer's Representation Opinion:文品良The lawyer pointed out that the defendant did not have the statutory authority to forcibly demolish the plaintiff's house; before the forced demolition, the defendant did not make a decision on expropriation compensation and resettlement in accordance with the law, nor did it make a decision on forced execution and the procedure of urging and informing, and did not apply to the people's court for forced execution in accordance with the law. The forced demolition violated the law and caused the plaintiff's legitimate property losses. The lawyer requested to confirm the illegality of the forced demolition.

IV. Outcome of the case

The court adopted the attorney Wen's opinion and ruled that the defendant Guangming Sub-district Office's act of forcibly demolishing the plaintiff Liu Guifen's house located at No. 56, West Road, Guangming Village, Guangming Sub-district, Jiangyang District, Luzhou City on July 8, 2024, was illegal. The court held that, according to Article 13 of the Administrative Enforcement Law, administrative enforcement shall be prescribed by law. Where the law does not stipulate that administrative organs may enforce by force, they shall apply to the court for enforcement. According to Article 45 of the Implementing Regulations of the Land Administration Law, if the land owner refuses to surrender the land, the county-level or higher government shall order the surrender and apply to the court for enforcement according to law. The defendant organized the forced demolition without legal authorization, exceeded its powers and violated the principle of statutory authority. Given that the act does not contain elements that can be revoked, it is confirmed as illegal according to law.

5. Hengluo Law Firm's Reminder

This case is represented by Attorney Wen Pinliang from Beijing Hengluo Law Firm (practice license number: 11101201910111365, subject to the documents issued by the judicial administrative organ). Forced demolitions have strict legal procedures. Street offices and village committees have no right to forcibly demolish. It is necessary for administrative organs to apply to the court for enforcement. Advice to the demolition victims: When facing similar forced demolitions, do not panic. Try to collect ownership certificates, expropriation documents, and photos and videos of the forced demolitions as much as possible, and seek professional lawyers' help in time to confirm the illegality and claim compensation.

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

  1. Q: Does the neighborhood committee have the right to forcibly demolish my house?
    A:No right. The law does not authorize the street office to enforce the demolition by force. It must be the administrative organ that applies to the people's court for enforcement. The street office's forced demolition exceeds its authority.
  2. Q: Is it valid to carry out a forced demolition without a court order?
    A:Invalid. Forcibly demolishing the building without applying for court enforcement violates legal procedures and can be confirmed as illegal.
  3. Q: How to sue if the house on the residential land is forcibly demolished?
    A:Suing the administrative organ that carried out the forced demolition as the defendant, collecting ownership certificates and evidence from the forced demolition scene, and requesting a declaration that the act is illegal.
  4. Q: Can we still confirm that the forced demolition is illegal even though the compensation has been paid?
    A:Yes. The issuance of compensation payments does not replace legal procedures. If the demolition proceeds without going through the stages of notification, decision-making, and enforcement application, it can still be confirmed as illegal.
  5. Q: Can I apply for compensation if the forced demolition is illegal?
    A:Yes. Confirming the illegality is a prerequisite for applying for state compensation, and you can claim compensation for the loss of housing and belongings.