[Case Summary]This case involves a dispute over administrative compulsory demolition of housing. Li Gang, a villager in County A, had his house included in the demolition plan. However, he refused to sign the agreement due to the low compensation offered. During the administrative review process against the "Decision on Land Expropriation Compensation and Resettlement", the town government carried out a surprise demolition of the house. Li Gang subsequently engaged the Beijing Henglu Law Firm to handle the case.Zhi Chao LiThe lawyer team intervened and applied for administrative reconsideration to the county government. The county government adopted the lawyer's opinion and confirmed that the town government's forced demolition was illegal. The core disputes include whether the forced demolition during the reconsideration litigation violates the principle of suspending enforcement, the powers and procedures of forced demolition; and the application of the "Administrative Enforcement Law", "Land Management Law", and "Administrative Reconsideration Law".

I. Review of the case facts

The house was secretly demolished during the litigation process. Is this legal? Many people are searching for answers to questions like "Is it illegal to demolish a house during the review period?" and "Does the town government have the right to directly demolish a house?" Li Gang had two legal residential buildings in the village, which were included in the expropriation scope at the end of 2023. Due to the low appraisal value and the failure to reach a compensation agreement, the County Natural Resources and Planning Bureau issued the "Decision on Land Expropriation Compensation and Resettlement" on August 6, 2025. Li Gang then filed an administrative review. However, during the review period, the town government demolished the house without prior notice on August 15, 2025. Li Gang hired Beijing Henglu Law Firm to handle the case.Zhai Chao LiThe lawyer team filed an administrative review request, asking to confirm that the forced demolition was illegal.

II. The focus of the case

  • Focus 1: Is it illegal to forcibly demolish a building during the review litigation period?A review of the compensation decision has been conducted to determine whether the forced demolition violates the statutory principle of suspending enforcement.
  • Focus Two: Whether the town government exceeded its authority.The person responsible for the expropriation is the county government. Does the town government have the right to directly demolish the house?
  • Focus Three: Whether it violates the principle of "compensation first, relocation later".Is it a violation of property rights to demolish without signing an agreement or providing legal compensation?

III. The professional intervention of Hengluo Law Firm

The applicant (the other party) alleges that:Li Gang claimed that the town government demolished the building without notice during the reconsideration period, which constituted a serious violation of procedure, and requested that the demolition be confirmed as illegal.

The respondent's (the town government's) position:The town government said that it has deposited the compensation funds, provided pre-selected relocation housing, and transferred the items, but these actions have not been approved by Li Gang, and the forced demolition has already been carried out.

Legal Opinion by Hengluo Law Firm:Zhi Chao LiThe lawyer, as the attorney, pointed out that during the review litigation, the administrative compulsory measures should be suspended, and the town government violated the principle of stopping enforcement; the compensation decision was carried out within the time limit before it expired, and the procedure was seriously illegal; the town government was not the expropriator, had no power to carry out forced demolition, and violated the principle of "compensation first, relocation later"; on the day of the forced demolition, the county bureau had revoked the compensation decision, and the action was unfounded from the beginning.

  • Citing Articles 44 and 53 of the Administrative Enforcement Law, it argues that the execution of the decision should be suspended during the review period
  • It is pointed out that the deadline for issuing a notice and applying for court enforcement has not expired, and it is illegal to carry out forced demolition without authorization
  • The argument is that the town government exceeded its authority and violated the principle of compensation before relocation

IV. Outcome of the case

The county government adopted the lawyer's opinion, believing that the respondent's self-organized forced demolition did not comply with Articles 35, 37, and 53 of the Administrative Enforcement Law of the People's Republic of China. According to Article 65 Paragraph 2 Item 1 of the Administrative Reconsideration Law of the People's Republic of China, it decided to confirm that the respondent's act of forcibly demolishing the applicant's house located in XX Village, XX Town, XX County on August 15, 2025 was illegal. This decision provides a solid foundation for Li Gang's subsequent claim for compensation.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Zhai Chao LiThe attorney (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's reminder: When no compensation agreement is signed during the expropriation, the administrative organ generally does not have the right to directly demolish the property. It must apply to the court for enforcement; demolition during the review and litigation period violates the principle of suspension of enforcement; in the event of a surprise demolition, the party concerned should promptly file for review or litigation to confirm the illegality, so as to reserve evidence for subsequent compensation.

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

  1. Q: Is it legal to forcibly demolish a building during the review period?
    A:It is generally illegal. During the review and litigation periods, administrative enforcement should be suspended. If the administrative organ carries out the demolition on its own, it violates the principle of stopping enforcement and the statutory procedures.
  2. Q: Can the town government directly demolish my house?
    A:No. The authority to carry out demolitions belongs to the county-level or higher governments, and town governments usually do not have the direct power to conduct forced demolitions. They must apply to the people's courts for enforcement.
  3. Q: Can the government forcibly demolish a building without signing a compensation agreement?
    A:No. It is necessary to follow the principle of "compensation first, relocation later". If there is no legal compensation and resettlement, the demolition cannot be forced upon the residents.
  4. Q: What should I do if the forced demolition is illegal but the house has already been demolished?
    A:It is possible to appeal or litigate to confirm that the act is illegal, and on this basis, claim administrative compensation to make up for the losses of housing and property.
  5. Q: If I'm not satisfied with the compensation decision, how can I seek remedies?
    A:Apply for administrative reconsideration or initiate administrative litigation within the statutory time limit, and be vigilant against any forced actions during this period.