[Case Summary]This case is an administrative compensation lawsuit (land expropriation and demolition), with the defendant being the municipal people's government of a prefecture-level city. The plaintiffs, Liu Shufen and Zhang Quanhu, rebuilt their houses in 2007. However, the houses were later included in the expropriation scope for the construction of Area F. On November 17, 2021, the houses were forcibly demolished without reaching an agreement or receiving a compensation decision in accordance with the law. The plaintiffs entrusted Beijing Henglu Law Firm to handle the case on their behalf.Wu JianiThe lawyer first sued to confirm that the forced demolition was illegal (winning the case in two trials), then applied for state compensation and initiated a compensation lawsuit, claiming compensation based on the market value at the time of the forced demolition. The court ultimately awarded a satisfactory compensation amount. The core disputes were liability for compensation and compensation standards. Applicable legal provisions: Article 4 and Article 36 of the State Compensation Law, and the Measures for the Appraisal of Houses on State-Owned Land.

I. Review of the case

The people subject to expropriation often search for terms like "Can citizens win lawsuits against the government?", "How to file a lawsuit for administrative compensation against the municipal government?", "How to compensate for illegal demolitions?", and "What standards are used for compensation for forced demolitions?". The plaintiffs, Liu Shufen and Zhang Quan, are a married couple. In 2007, the plaintiffs applied for the reconstruction of their original homestead, with the approval form indicating that the household head was Liu Shufen, and the allocated homestead area was 121 square meters. Around 2009, they built a house in Group 3 of Shuguang Village, but it remained unfinished and uninhabited until it was demolished on November 17, 2021.

In order to build Area F, the A City government issued a compensation and resettlement plan in 2010. The plaintiff's house was within the scope of the expropriation approval. In 2015, the house was surveyed and measured to be 814.78 square meters, with a total appraised value of 1,034,880 yuan. In 2017, the government revised the plan and adjusted the standards. In June 2021, the authorities claimed that only 121 square meters were legal, and the rest of the over-built area would not be included. On June 18, an additional appraisal of 176,285 yuan was conducted. On November 17, 2021, the defendant, the municipal government of a certain city, demolished the plaintiff's house without reaching an agreement or making a compensation decision in accordance with the law. The plaintiff entrusted an experienced lawyer to handle the case.Wu JianiThe lawyer defends the client's rights and interests.

II. The focus of the case

  • Focus 1: The illegality of forced demolition.Is it illegal to forcibly demolish a building without reaching an agreement or making a decision on compensation in accordance with the law, and does the liability for compensation exist?
  • Focus Two: Compensation Standards.Should the compensation be based on the market value of similar houses in the area at the time of forced demolition, and can the original state be restored?
  • Focus Three: Proving the Loss.How to provide evidence and determine the value of the house, the loss of items, and the interest on the funds occupied, etc.?

III. The professional intervention of Hengluo Law Firm

The plaintiffs (Liu Shufen and Zhang Quan) allege that:Please confirm that the forced demolition is illegal, and assert six claims, including restoring the original state, compensating for the loss of the house at market value, compensating for the loss of items, and paying interest on the occupied funds.

The defendant's (a certain city government's) position is as follows:As a powerful administrative organ, it claimed that its actions of expropriation and demolition were legal and refused to agree to compensate according to the standard claimed by the plaintiff.

Hengluo Lawyer's Agency Opinion:Wu JianiThe lawyer formulated the idea of "laying a solid foundation for the illegality, clarifying the compensation standards, and strengthening the evidence support". Firstly, the forced demolition was confirmed to be illegal by two court judgments, and according to the "State Compensation Law", the defendant should bear the compensation liability. The plaintiff applied for compensation on February 24, 2025, but the defendant failed to respond within the time limit, so the plaintiff filed a compensation lawsuit. Secondly, the lawyer demanded compensation based on the market value at the time of the forced demolition. According to Article 4 and Article 36 of the "State Compensation Law", the compensation should not be less than the market value of similar houses in the reconstruction area or nearby areas at the time of the forced demolition. The compensation can be determined by the appraisal institutions in an independent and objective manner according to the "Measures for the Appraisal of Houses on State-Owned Land". In case of doubt, the benefit shall be attributed to the property owner. Thirdly, after spending several months sorting out evidence such as the approval forms for residential plots, the village group's review, surveying and evaluation, and the list of items, the lawyer comprehensively claimed for the losses of the house, items, and interest.

IV. Outcome of the case

This case is a rare instance of a citizen successfully suing the municipal government and winning national compensation. On the basis of confirming that the forced demolition was illegal, the court adopted the plaintiff's arguments and ruled in favor of the plaintiff.Wu JianiThe lawyer's opinions on compensation standards and evidence determined that the defendant should bear compensation liability for failing to conduct the expropriation and forced relocation in accordance with legal procedures. Ultimately, the plaintiff was awarded satisfactory compensation, highlighting the fairness of the judicial system. The judgment in this case was made by referring to Article 4, Item 3, and Article 36 of the State Compensation Law of the People's Republic of China, as well as Article 13 of the Measures for the Appraisal of Houses on State-Owned Land.

5. Henglu Law Firm's Reminder

The compensation for the illegal forced demolition should not be lower than the market value of the similar houses in the reconstruction or nearby areas at the time of the forced demolition. This case is handled by Beijing Hengluo Law Firm.Wu JianiThe lawyer (practice license number: 11101202011245064, subject to the document issued by the judicial administrative organ) acts as the agent. Lawyer's advice: In the event of illegal forced demolition, you should first file a lawsuit to confirm the illegality of the forced demolition, and then apply for state compensation; you can claim market value as the compensation standard, and pay attention to preserving the evidence of approval, surveying and mapping, evaluation, and items. In case of doubt, the benefit shall be attributed to the property owner.

VI. Frequently Asked Questions about Administrative Compensation Cases

  1. Q: Can a citizen win a lawsuit against the government?
    A:Yes. In this case, the plaintiff successfully won the national compensation against the municipal government. The key points are to establish a clear basis for the illegal act, define clear compensation standards, and provide sufficient evidence.
  2. Q: How to file a claim for administrative compensation against the municipal government?
    A:First, file a lawsuit to confirm that the forced demolition is illegal, and then apply for state compensation; if the authority fails to make a decision within the time limit, you can file an administrative compensation lawsuit to assert six claims.
  3. Q: How is compensation paid in the case of illegal forced demolition?
    A:According to Articles 4 and 36 of the State Compensation Law, the compensation shall not be less than the market value of similar houses in the reconstruction or nearby areas at the time of forced demolition, and the compensation may be determined in accordance with the assessment method for expropriation.
  4. Q: What are the compensation standards for forced demolitions?
    A:Based on the valid real estate market valuation price at the time of forced demolition, those properties that cannot be restored to their original state shall be compensated in cash, and the benefit of the doubt shall be granted to the property owners.
  5. Q: How to provide evidence of the losses caused by forced demolition of items?
    A:A list of items, photos, purchase receipts, etc. should be kept. Combined with the materials of the approval and surveying and mapping evaluation, a comprehensive claim should be made for the losses of the house, items, and interest.