[Case Summary]This case is an administrative litigation case (to confirm the forced demolition of an illegal building). In 1999, Yin * from Suzhou purchased House No. 102 and obtained a property ownership certificate. However, the defendant, the Management Committee of * District in Suzhou, failed to reach a compensation agreement with Yin * during the relocation process. On March 28, 2022, the defendant forcibly demolished the house without any legal procedures or notice. Yin * was forced to sign a compensation and resettlement agreement on April 26. Yin * entrusted Beijing Henglu Law Firm to handle the case.文品良The lawyer filed an administrative lawsuit, requesting confirmation that the forced demolition was illegal. The court adopted the lawyer's opinion and ruled that the defendant's forced demolition was illegal, and the case acceptance fee should be borne by the defendant. The core disputes are: whether it violates the principle of "compensation first, relocation later" and the Administrative Enforcement Law that the defendant failed to reach a compensation agreement and carried out the forced demolition without going through the legal procedures. Applicable laws: Article 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land, Article 26 Paragraph 5 and Article 74 Paragraph 2 Item 1 of the Administrative Litigation Law.

I. Review of the Case

"Can the expropriation department arbitrarily demolish people's houses?" and "What should I do if my house is demolished without signing an agreement?" are common anxieties among expropriated individuals. In 1999, Yin * purchased House No. 102 in a certain district of Suzhou City and obtained a property certificate. Later, the defendant, Suzhou * District Management Committee, initiated a relocation in the area where the house was located, but failed to reach a compensation and resettlement agreement with Yin *. On March 28, 2022, Yin * discovered that the house had been forcibly demolished by the demolition contractor and immediately reported the case to the police. The public security organ informed him that the demolition was carried out by the defendant's contractor, who claimed it was a "mistaken demolition" and just cleaning up the "ruins". Under "threats and inducements", Yin * was forced to sign the compensation and resettlement agreement on April 26, 2022. Yin * chose to entrust Beijing Henglu Law Firm to handle the case.文品良The lawyer defends the client's rights and interests, and the law firm assigns him/her to handle this case.

II. The focus of the case

  • Focus 1: The subject of forced demolition and the qualified defendant.The defendant claims that this is a civil infringement by the engineering company. How can this be identified as an administrative act entrusted by the administrative organ?
  • Focus II: Is the forced demolition procedure legal?Is it a violation of the Administrative Enforcement Law to demolish without any procedures or notifications?
  • Focus Three: Whether it violates the principle of "compensation first, relocation later".The house was demolished on March 28, 2022, but the agreement was signed only on April 26, which clearly shows that "they demolished the house first and then compensated the residents afterward".

III. Professional intervention by Hengluo Law Firm

The plaintiff (Yin *) claimed that:Yin * claimed that the defendant's forced demolition on March 28, 2022 was not based on facts and did not follow due legal procedures, seriously infringing upon his legitimate property interests. Although he signed a compensation agreement with the community, the community is not an administrative organ and lacks the statutory authority to sign administrative agreements. Therefore, the agreement is invalid and was signed retroactively, involving harassment and coercion. He requested to confirm that the forced demolition was illegal.

The defendant (the Management Committee) argued that:The defendant claimed that he had never dismantled or ordered the dismantling of the facilities, and that it was the engineering company that infringed his rights in the performance of the civil contract and should be resolved through civil disputes. The plaintiff signed the agreement and received the compensation before suing for illegal actions, which lacked legal basis. Therefore, the defendant requested that the plaintiff's lawsuit be dismissed.

Legal opinion of Hengluo Law Firm:文品良After conducting on-site visits and sorting out the evidence, the lawyer quickly identified the qualified defendant and concluded that the defendant's forced demolition not only lacked factual basis but also failed to follow due process, seriously infringing the plaintiff's legitimate property rights; the community is not an administrative organ, and the compensation agreement signed by it is invalid and was signed retrospectively; the defendant used its advantageous position after the forced demolition to harass and coerce the plaintiff. The defendant's forced demolition violated both procedural and substantive laws. The lawyer therefore requested to confirm that the demolition action on March 28, 2022 was illegal.

  • Based on the police reports and photos/videos, the defendant was identified as having commissioned the demolition company to carry out the forced demolition
  • The argument that the community lacks the statutory authority to sign administrative agreements, and that the retroactive signing of agreements is invalid
  • Referring to Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", which stipulates that "compensation shall be provided first and then relocation shall be carried out".

IV. Outcome of the case

The court fully adoptedWen Pinliang is a talented writer who has achieved great success in literary creation.The lawyer's opinion is that, based on the registration form of the police-handling work and the defendant's acknowledgement that the demolition was carried out by the entrusted engineering company, the entrusting administrative organ, namely the XX Management Committee, is the appropriate defendant. The defendant argued that the civil infringement has no legal basis and should not be accepted. According to Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", the house was demolished on March 28, 2022, but the agreement was signed on April 26, which violates the principle of "compensation first, relocation later". Moreover, the defendant failed to prove that the demolition complied with the "Administrative Enforcement Law". Therefore, in accordance with Article 74 Paragraph 2 Item 1 of the "Administrative Procedure Law", the court ruled that the defendant's forced demolition of the house was illegal, and the case acceptance fee shall be borne by the defendant.

5. Henglu Law Firm's Reminder

"Compensation first, relocation later" is an important principle of expropriation and demolition. Even if the expropriation department signs the resettlement agreement later, this "get on the bus first and buy the ticket later" approach violates the law and is not recognized by the court. When encountering unfair expropriation and demolition, we should have the courage to protect our rights according to the law. 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 lawyer (practice license number: 11101201910111365, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on the "Administrative Litigation Law" and the Regulations on Expropriation and Compensation, to confirm that the forced demolition is illegal.

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

  1. Q: What should I do if the house is demolished without signing an agreement?
    A: Report the case to the police in time, take photos and videos to fix the evidence, and entrust an administrative lawyer to sue to confirm the illegality of the forced demolition, paving the way for subsequent compensation.
  2. Q: Can the expropriation department arbitrarily demolish people's houses?
    A: No. Forcible demolition without compensation and without going through the legal procedures violates the principle of "compensation first, relocation later" and the administrative enforcement procedures. The party concerned may file a lawsuit to confirm the illegality of the demolition.
  3. Q: Is the compensation agreement signed retroactively valid?
    A: If the agreement is signed under the coercion and harassment of the dominant position after the forced demolition, and the signatory does not have administrative authority, the agreement may be deemed invalid.
  4. Q: Can I get compensation if the forced demolition is illegal?
    A: After confirming the violation, you can continue to claim administrative compensation and request compensation for property losses.
  5. Q: When will the Beijing demolition and relocation lawyers get involved?
    A: Intervene as early as possible before and after the forced demolition, fix the evidence of the illegal acts of the main parties and the procedures, and file an administrative lawsuit.