[Case Summary]This case involves administrative enforcement litigation. Liu *'s 85.13-square-meter house in Daxing District, Beijing was forcibly demolished by the town government on the grounds that he did not obtain a rural construction planning permit. Liu * entrusted Beijing Hengluo Law Firm to handle the case.\nQiu JuanThe lawyer defended the rights and interests of the client, arguing that the forced demolition was illegal both in terms of procedure and substance. The court found that the defendant failed to perform statutory procedures such as announcement and notice in accordance with the law, and the procedure was illegal. The court ruled that the forced demolition was illegal. Applicable laws: The provisions on notice, enforcement decisions, and announcements in the "Administrative Enforcement Law"; Article 74(2) of the "Administrative Procedure Law".

I. Review of the Case Facts

The people being demolished often search for terms like "How to confirm that a house demolition is illegal?", "Is a building without a planning permit considered an illegal construction?", and "Is it necessary to issue a notice before forced demolition?" Liu * from Beijing built a house in a certain town of Daxing District, with an area of 85.13 square meters, which was built in the 1980s and was originally used for business and then for living. On July 8, 2022, a certain railway section issued a "Notice" to Liu *, stating that the house was located within the railway protection zone and ordering him to self-demolish the house and restore the original appearance of the land within 15 days.

On July 11, the town government sent a letter to the Planning and Construction Committee to investigate whether there were any illegal buildings; on the 13th, the Planning and Construction Committee replied that the rural construction planning permit had not been obtained; on the 24th, the town government made a decision to forcibly demolish the buildings and ordered the owner to demolish them within five days. If the deadline was not met, the demolition would be carried out forcibly on July 29; on August 3, the town government carried out the forced demolition. Liu * disagreed with the decision and appointed a lawyer to handle the case for him/her.\nQiu JuanThe lawyer defends the rights and interests of the client, arguing that both the procedure and the substance of the forced demolition are illegal, and requests the court to confirm the illegality of the forced demolition.

II. The focus of the case

  • Focus 1: Is it automatically considered an illegal construction if one fails to obtain a planning permit?The plaintiff's submitted evidence was still wrongly identified.
  • Focus II: Whether the forced demolition procedure is legal.Whether the legal procedures such as announcement and reminder have been carried out.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu * ) claimed that:The town government's forced demolition is illegal in both procedure and substance. It failed to comply with legal procedures such as public announcement and notice, and infringed legitimate rights and interests. We request that the court confirm the illegality of the forced demolition.

The defendant (the town government) argued that:The house was built without a rural construction planning permit, which constitutes an illegal construction. The decision to demolish it is based on clear facts and legal procedures, and we request that the appeal be dismissed.

Hengluo Lawyer's Agency Opinion:Qiu JuanAttorney's cross-examination: The defendant's evidence is authentic but insufficient to prove the legality of the act. The defendant erroneously identified the plaintiff's house as an illegal construction based on the lack of a planning permit, and the plaintiff's house should not be deemed an illegal construction. After receiving the "Notice", the plaintiff submitted supporting documents, but the defendant failed to verify and investigate them before making the wrong determination, which violates both procedural and substantive laws. The defendant failed to comply with statutory procedures such as announcement and notice before making and implementing the demolition decision, which constitutes a procedural violation.

IV. Outcome of the case

The court accepted it.Qiu JuanPart of the lawyer's opinion concluded that the defendant committed procedural violations. In accordance with Article 74 Paragraph 2 Item 1 of the Administrative Procedure Law, the court ruled that the defendant, the People's Government of * Town, illegally carried out the forced demolition of the plaintiff's house located in * District, Beijing on August 3, 2022. The case acceptance fee of 50 yuan shall be borne by the defendant. This judgment provided a necessary basis for Liu * to apply for administrative compensation in the future.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.\nQiu JuanThe attorney (practice certificate number: 11101201811026953, subject to the certificate issued by the judicial administrative organ) acts as the agent. When encountering forced demolition, it is necessary to initiate legal proceedings in a timely manner, as there are statutory time limits for remedies against administrative acts. It is advisable for the demolition victims to entrust professional lawyers to organize evidence, file an administrative lawsuit to confirm the illegality of the forced demolition, and apply for compensation, so as to ensure that their rights and interests are protected by law.

VI. Common Questions and Answers about Land Acquisition and Demolition

  1. Q: How to confirm that the forced demolition of a house is illegal?
    A:Aiming at the illegal procedures, an administrative lawsuit was filed to request the confirmation that the forced demolition was illegal.
  2. Q: Is it considered illegal construction if there's no planning permit?
    A:Not necessarily. It should be determined based on a comprehensive evaluation of historical factors, usage, and submitted proofs, and cannot be arbitrarily determined.
  3. Q: Is it necessary to give a notice before forced demolition?
    A:It is necessary that, before enforcing the execution, the administrative organ shall give a notice of enforcement and make a decision on enforcement.
  4. Q: Can I claim compensation after confirming that there has been a violation of the law?
    A:Yes, confirming the illegality is a prerequisite for applying for administrative compensation.
  5. Q: How long is the statute of limitations for protecting rights against forced demolition?
    A:Generally, there is a statute of limitations for administrative litigation, and it is necessary to appoint a lawyer to initiate the litigation in a timely manner.