[Case Summary]This case is an administrative review case concerning the decision to order the demolition of illegal buildings within a specified time limit. A County Chenguang Fertilizer Sales Co., Ltd. is located in Shuguang Village, B Town. On January 23, 2025, the company received the "Decision to Order the Demolition of Illegal Buildings within a Specified Time Limit" from the B Town government, which required it to demolish the illegal buildings within three days. The company entrusted Beijing Henglu Law Firm to handle the case.Zhi Chao LiThe lawyer initiated an administrative review, and the review authority determined that the town government had failed to investigate and notify the parties in accordance with the law and violated the review procedures. The review authority revoked the demolition decision and ordered the town government to make a new administrative decision. The core disputes include whether the town government had conducted a legal investigation and notification before making the demolition decision, and whether the building in question was indeed an illegal construction. The applicable laws include Article 54 of the Administrative Punishment Law, Article 65 of the Urban and Rural Planning Law, and Article 64 of the Administrative Review Law.

I. Review of the Case Facts

"What should I do if I receive a decision order to demolish the illegal building within a specified time limit?" "Is it legal for the town government to issue a demolition order without conducting an investigation?" "Can the demolition order be revoked through administrative reconsideration?" These are frequently asked questions by enterprises and farmers. Since its establishment, Chenguang Fertilizer Sales Co., Ltd. of A County (hereinafter referred to as "Chenguang Company") has been dedicated to the sale of fertilizers for local agricultural production and plays an important role in the material supply system. On January 23, 2025, Chenguang Company suddenly received a "Decision Order to Demolish the Illegal Building within a Specified Time Limit" issued by the People's Government of B Town, A County, which required the company to demolish the relevant buildings within three days from the date of receipt, otherwise the buildings would be forcibly demolished. Chenguang Company detected that its rights and interests had been infringed and entrusted a lawyer to handle the case.Zhai Chao LiAttorney representation.

The Chenguang Company is located in Shuguang Village, B Town, A County. Its land and buildings may have been included in the scope of expropriation for a certain project, but the company has not received any expropriation documents and has not signed an agreement on compensation by consensus. Under such circumstances, the B Town government made a decision to restrict demolition without sufficient communication and failing to follow the relevant legal procedures.

II. The focus of the case

  • Focus 1: Legality of the procedure.Before the B Town government made the decision to restrict demolition, did it fulfill its obligations of investigation and notification in accordance with the law, and did it guarantee the rights of statement, defense, and hearing?
  • Focus II: Factual Determination.Is the building involved in the case indeed an illegal construction, and has the town government provided sufficient evidence to prove it?

III. The professional intervention of Hengluo Law Firm

The applicant (Mornig Light Company) claims that:There are many illegal aspects in the town government's decision document. We request that the illegality be confirmed and the decision be revoked, and that a review be conducted in accordance with the law.

The respondent (B Town Government) argued that:The investigation process is in compliance with regulations. In November 2024, the legal representative and partners were questioned (as Zhai * tore up the transcript and used abusive language, which hindered the investigation), and the "Investigation Notice" was subsequently served to fulfill the notification obligation. The legal basis is sufficient. According to the 1992 land use documents and the 2016 planning approval, the subsequent construction of the plot without approval violates Article 41 of the Urban and Rural Planning Law, and the demolition is legal. The town government submitted the "Application for Construction Land Use by Town Enterprises (Institutions)" and planning documents as evidence.

Legal opinion by Hengluo Law Firm:Zhi Chao LiThe lawyer pointed out that the procedure was illegal—the town government failed to conduct a comprehensive investigation to determine whether the building was an illegal construction before making the decision to demolish it, failed to fully hear the applicant's statements and defenses, and failed to grant the right to make statements, defenses, and participate in hearings, which seriously violated the legitimacy of the administrative procedure; the facts were not clear—Mornig Company built the warehouse based on normal business needs, but the town government hastily determined it as an illegal construction without conducting an in-depth investigation into the historical development and construction background; according to Article 54 of the Administrative Punishment Law, law enforcement agencies must conduct a comprehensive and objective investigation, and Article 65 of the Urban and Rural Planning Law requires that the building be clearly identified as illegal. The town government failed to fulfill its burden of proof, seriously violated the legal procedures, and made unclear factual determinations, which damaged the applicant's rights and interests.

IV. Outcome of the case

The People's Government of County A held that the B Town Government failed to clarify the facts of the case. According to Article 54 of the Administrative Punishment Law, law enforcement agencies must investigate and collect evidence in a comprehensive, objective, and fair manner; however, the B Town Government failed to inspect the construction time, building area, and specific coordinate points of the buildings involved in the case, and merely generally determined that all buildings except the "120-square-meter building approved in 1992" were illegal constructions, which constituted a failure to clarify the facts of the case. According to Article 64 of the Administrative Review Law, the "Decision on Ordering the Demolition of Illegal Buildings within a Limited Time" issued by the B Town Government shall be revoked, and the B Town Government shall be ordered to take new administrative actions.

5. Hengluo Law Firm's Advice

Administrative reconsideration is a legal system in which citizens and legal persons apply to the reconsideration organ for review of the legality and appropriateness of specific administrative acts when they believe that such acts infringe their rights, and the reconsideration organ makes a decision on the matter. It is an important supervision system for self-correction within administrative organs. In this case,Zhi Chao LiAttorney (Practice Certificate No.: 11101202311629788, subject to the certificate issued by the judicial administrative organ): Reminder: Administrative authorities must strictly follow legal procedures and ensure that the facts are clear and the evidence is sufficient when making administrative decisions. Otherwise, the decisions may be revoked due to procedural violations or unclear facts. In the event of a demolition restriction decision, it is necessary to promptly engage a professional lawyer to protect your rights from the perspectives of investigation notification and burden of proof.

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

  1. Q: What should I do if I receive a decision notice ordering the demolition within a specified timeframe?
    A: Apply for administrative reconsideration or initiate administrative litigation within the statutory time limit, and entrust a lawyer to review whether the investigation, notification, and evidence collection are legal.
  2. Q: Is it legal for the town government to make a decision to demolish the building without conducting an investigation first?
    A: It's illegal. According to Article 54 of the Administrative Punishment Law, a comprehensive and objective investigation is required. If the time, area, and coordinates of the building are not inspected before determining it as an illegal construction, the determination will be based on unclear facts, and the decision can be revoked through administrative review.
  3. Q: Can the decision on restricting demolition be revoked through a reconsideration?
    A: Yes. If it is determined that the procedure is illegal or the facts are unclear, the administrative act may be revoked and the administrative organ may be ordered to make a new administrative act in accordance with Article 64 of the Administrative Reconsideration Law.
  4. Q: Do I have the right to make a statement and defend myself before the decision on demolition is made?
    A: Yes. Before making the decision to demolish the building, the administrative organ must ensure that the parties concerned have the right to make statements, defend themselves, and participate in hearings in accordance with the law. If these rights are not guaranteed, the procedure will be deemed illegal.
  5. Q: If a building is identified as an unauthorized construction, does it necessarily have to be demolished?
    A: It is necessary to first confirm that the identification process and basis are legal. If the investigation is incomplete or the evidence is insufficient, the demolition restriction decision can be overturned through reconsideration or litigation.