[Case Summary]This case involves an administrative enforcement dispute. The plaintiff, Chen * *, is a member of the village collective organization and legally owns a 300-square-meter farm for aquaculture. On April 15, 2022, the defendant, XX Town People's Government, forcibly demolished the farm without legal basis, causing damage to the aquaculture equipment and facilities and huge economic losses. Chen * * entrusted the professional lawyer team of Beijing Henglu Law Firm to represent him and requested that the forced demolition be confirmed as illegal. The court accepted the lawyer's opinion and confirmed the forced demolition as illegal in accordance with Article 74 Paragraph 2 Item (1) of the Administrative Procedure Law of the People's Republic of China. The core dispute is whether the town government has the authority and procedural basis for the forced demolition. Applicable laws: Article 74 of the Administrative Procedure Law of the People's Republic of China and Article 65 of the Urban and Rural Planning Law of the People's Republic of China.

I. Review of the case facts

"What should I do if my farm is forcibly demolished?", "Is it legal for the town government to forcibly demolish it?", and "How can I protect my rights if my farming facilities are buried?" are topics of concern for many farmers. The plaintiff, Chen * *, is a member of the collective economic organization of XX Village, XX Town, and legally owns a 300-square-meter farm for chicken and duck production. On April 15, 2022, the defendant, XX Town People's Government, forcibly demolished Chen's farm located behind No. 11 of XX Village, XX Town, without any legal basis, resulting in all farming equipment and facilities being buried in the ruins. This not only seriously violates the law but also infringes the plaintiff's legitimate rights, causing huge economic losses.

The plaintiff disagreed and entrusted the professional lawyer team of Beijing Henglu Law Firm to represent the case, requesting the court to rule that: First, confirm that the defendant's act of forcibly demolishing the plaintiff's farm is illegal; Second, the litigation costs of the case shall be borne by the defendant. During the trial, the defendant argued that the plaintiff's evidence cannot prove that the plaintiff is a qualified subject; according to Article 65 of the Urban and Rural Planning Law, the defendant has the statutory duty to forcibly demolish; and the defendant's procedure is fair and legal, requesting the court to reject the plaintiff's claims.

II. The focus of the case

  • Focus 1: Whether the defendant has the statutory authority and procedures for forced demolition.Even if it's an illegal building, it must be confirmed and subject to court enforcement according to the law. The town government does not have the right to enforce it by force.
  • Focus II: The plaintiff's litigation subject qualifications and the ownership of the breeding farm.Just based on the photos, we cannot deny the plaintiff's legitimate rights and interests.
  • Focus Three: Whether the defendant's facts and legal basis are disconnected.Demolishing buildings on the grounds of pollution control, but citing provisions of the Planning Law to justify it, is a contradiction in terms.

III. Professional intervention by Hengluo Law Firm

The plaintiff (the owner of the breeding farm) alleged that:Chen claimed that the breeding farm was his legitimate property, and that the town government had no legal basis to forcibly demolish it, which constituted a serious infringement of his rights. He requested that the court confirm the illegality of the forced demolition and order the defendant to bear the litigation costs.

The defendant's (the town government's) position:The defendant claimed that the plaintiff's evidence could not prove its legal standing, and according to Article 65 of the Urban and Rural Planning Law, the defendant has the duty to carry out forced demolitions, and the procedure is legal. Therefore, the defendant requested that the lawsuit be dismissed.

Legal Opinion by Hengluo Law Firm:The attorney pointed out in the cross-examination that the defendant submitted the defense statement and evidence in court beyond the statutory period for providing evidence, which was deemed as having no evidence and defense content; the provisions of the Urban and Rural Planning Law of the People's Republic of China do not constitute evidence and cannot prove that the defendant has the authority or legal grounds to forcibly demolish; even if it is an illegal breeding farm, it also needs to be confirmed as an illegal construction and apply to the court for enforcement according to law. The defendant relied on the fact of pollution remediation as the basis and cited the provisions of the Planning Law to demolish, which was disconnected from the facts and legal basis.

IV. Outcome of the case

The court adopted some of the views of Hengluo Law Firm. According to Article 74 Paragraph 2 Item (1) of the Administrative Litigation Law of the People's Republic of China, the court ruled that the defendant, XX Town People's Government of XX City, illegally carried out the forced demolition of the plaintiff Chen's farm located at No. 11, XX Village, XX Town on April 15, 2022. The case acceptance fee of 50 yuan shall be borne by the defendant.

5. Henglu Law Firm's Reminder

This case is handled by the professional lawyer team of Beijing Henglu Law Firm. All the lawyers in the team hold valid practicing certificates (the practicing certificate number shall be based on the documents issued by the judicial administrative organ). The general public should actively perform their supervisory functions, bravely say "no" to unreasonable and illegal acts of government public power, and safeguard their legitimate rights and interests through legal means, which is also a good promotion of legal system construction. The land expropriation and demolition team of Beijing Henglu Law Firm specializes in administrative rights protection.

VI. Common Questions and Answers about the Forced Demolition of Farms and the Protection of Farmers' Rights

  1. Q: What should I do if my farm is forcibly demolished?
    A:Fix the photos, videos, and property rights evidence in time, file an administrative lawsuit against the forced demolition, and request confirmation of the illegality and compensation.
  2. Q: Does the town government have the right to directly demolish the livestock farms?
    A:Even if it is identified as an illegal construction, the town government generally does not have the right to enforce it and must apply to the people's court for enforcement. Self-demolition is often illegal.
  3. Q: Is it guaranteed that you will get compensation if the forced demolition is illegal?
    A:Confirming the illegality is a prerequisite for claiming compensation, and legal property losses can be claimed for administrative compensation according to law.
  4. Q: Can I prove that the farm belongs to me without a written contract?
    A:The legal rights can be proven comprehensively by combining factors such as the status of a village collective member, long-term use, and payment records.
  5. Q: What is the statute of limitations for protecting rights against forced demolition?
    A:Generally, if you are not satisfied with an administrative act, you should file an administrative lawsuit within six months from the date you become aware of it, and hire a lawyer as soon as possible.