[Case Summary]This case is an administrative dispute confirming the illegality of the forced demolition. A * and others from XX Village, XX Town, Xiao County, Anhui Province were subject to expropriation for the XX Intercity High-Speed Railway project, but they did not sign an agreement due to the low and opaque compensation standards. On March 13, 2023, the XX Town Government made a compensation and resettlement decision, issued a "Notice of Forced Execution" on March 14, and forcibly demolished part of A *'s house and damaged his plants on March 28. Eighteen villagers from the same village entrusted the Beijing Henglu Law Firm to handle the case.文品良The lawyer defends the rights of the client. The court held that the town government failed to carry out the demolition in accordance with the provisions of the Land Management Law and the procedures were illegal. The court ruled that the forced demolition of A's house in March 2023 was illegal, and the defendant should bear the litigation fees. The core dispute: the legality of the forced demolition. Applicable laws: the relevant provisions of the Land Management Law and the provisions of the Administrative Procedure Law on confirming illegal actions.

I. Review of the Case

The most feared concerns of the land-expropriated individuals are "the house being forcibly demolished without signing an agreement" and "does the town government have the right to directly demolish my house?". A* is a villager of XX Village, XX Town, Xiao County, who owns a legally registered residential plot in the village. In order to implement the land expropriation for the XX Intercity High-Speed Railway construction project, the XX Town government once proposed signing a compensation and resettlement agreement. However, due to the low compensation standards and the lack of transparency and fairness in the resettlement process, A* refused to sign the agreement. On March 13, 2023, the town government issued the No. * Seizure and Compensation and Resettlement Decision against A*. On March 14, the town government issued a "Notice of Forced Execution". On March 28, the town government organized personnel to forcibly demolish part of A*'s house, damaging the items inside the house and the saplings and other accessory facilities outside the house.

More than a dozen villagers in the same village also encountered the same situation. After consulting with various parties, 18 villagers eventually entrusted the Beijing Henglu Law Firm to handle the case for them.文品良Attorney representation. Through procedures such as applying for information disclosure and initiating administrative litigation, lawyers clarify the facts, accurately identify the defendants, and strive to prove that the forced demolition is illegal.

II. The focus of the case

  • Focus 1: Does the town government have the statutory authority to carry out forced demolitions?Whether the town-level government can directly organize and implement forced demolitions is a prerequisite for its legality.
  • Focus 2: Whether the forced demolition process is legal.Did you apply to the people's court for enforcement, and did you inventory and transfer the property for safekeeping before the demolition?
  • Focus Three: The compensation method and whether the evaluation is legal.Only monetary compensation deprives people of the right to choose and fails to deliver the household assessment report, which undermines substantive fairness.

III. Professional intervention by Hengluo Law Firm

The plaintiffs (including A and 18 other villagers) allege that:Please confirm that the forced demolition of the house by the XX Town Government on March 28, 2023 was illegal, and that the defendant should bear the litigation fees and attorney's fees.

The defendant (XX Town Government) argued that:The decision to impose compensation did not exceed its authority; the project involved was for the public interest, and the time was limited and the task was urgent. Although there were minor flaws in the demolition according to the rules, it did not constitute a violation of the law, and there was no substantive violation of the law.

Hengluo Lawyer's Representation Opinion:文品良After conducting on-site inspections and evidence analysis, the lawyer confirmed that the core issue was the illegality of the forced demolition.

  • As a town-level government, the XX Town Government does not have the statutory authority to forcibly demolish houses.
  • Carrying out forced demolition without applying to the people's court for enforcement is a violation of legal procedures.
  • The land status survey, risk assessment, and the selection process of the evaluation agency have not been made public, making the evaluation process opaque and illegal.
  • Only providing compensation in the form of money and depriving the right to choose the method of compensation; Mr. A did not receive a household evaluation report, and the amount lacked a basis for calculation and was set at a low standard, which failed to guarantee his original living standard.
  • During the forced demolition, the movable property was not inventoried or properly transferred and stored, which resulted in increased losses and violated the principle of proportionality.

IV. Outcome of the case

After cross-examination in court, the court recognized the authenticity, legality, and relevance of the plaintiff's evidence. In accordance with the relevant provisions of the Administrative Litigation Law of the People's Republic of China, the court ruled: confirm that the defendant XX Town People's Government's act of forcibly demolishing the plaintiff A's house in March 2023 was illegal; and the defendant shall bear the case acceptance fee. The court held that, according to the relevant provisions of the Land Management Law, XX Town Government, as the specific implementation unit of the project, failed to carry out the demolition in accordance with the law, and the procedure was illegal, so it should be revoked according to law; since the demolition act does not have a revocable content, it should be confirmed as illegal according to law. The defendant's defense that it does not constitute an illegal act cannot be established and is not accepted. This case has achieved a preliminary victory and laid a foundation for subsequent rights protection.

5. Henglu Law Firm's Reminder

When facing expropriation and demolition, it is advisable to consult a professional lawyer as soon as possible. This case was handled by Beijing Henglu Law Firm.Wen Pinliang is a talented writer who has made outstanding contributions to the development of Chinese literature.The attorney (practice license number: 11101201910111365, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's advice: Town governments generally do not have the statutory authority to conduct forced demolitions. Forcing demolitions without applying for court enforcement is a procedural violation; in the event of forced demolitions, you should promptly call the police, preserve evidence, and hire an attorney to confirm the illegality, so as to reserve room for subsequent compensation negotiations.

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

  1. Q:If I haven't signed the agreement, can the town government directly demolish my house?
    A:No. Town-level governments generally do not have the statutory authority to conduct forced demolitions, and such demolitions must be implemented upon the ruling of the people's court. Organizing forced demolitions without applying for court enforcement is a procedural violation, and the party concerned may file a lawsuit to confirm the illegality of the demolition.
  2. Q:The forced demolition damaged the items in my house. Can they compensate me for that?
    A:When carrying out forced demolition without inventorying or properly transferring and storing movable property, and causing increased losses, it violates the principle of proportionality. After confirming the illegality, the party involved may claim compensation for the increased property losses.
  3. Q:Is it legal to only offer monetary compensation and not allow people to choose relocation housing?
    A:The compensation for expropriation should guarantee the right of choice of the expropriated persons. If the compensation is only in the form of money and the right of choice is deprived, the expropriated persons can claim that the procedure or substance of the compensation is illegal.
  4. Q:If I haven't received the household assessment report, is the compensation amount still valid?
    A:If the household assessment report has not been delivered, the amount lacks a basis for calculation and is set at a low standard, the compensation decision lacks sufficient evidence, and it can be used as grounds for protecting rights and confirming violations of the law.
  5. Q:What's the point of confirming that the forced demolition is illegal?
    A:Confirming the illegality is an important prerequisite for subsequent applications for administrative compensation and negotiation of compensation, and it also reserves legal space for investigating procedural violations and protecting rights and interests.