[Case Summary]This case involves an administrative enforcement and compensation dispute. The plaintiff, Wang * , had a legally-owned house in a village in Zhejiang Province that was included in the scope of the expropriation and demolition. On June 7, 2022, the town government issued a "Notice of Forced Demolition", and on June 8, they forcibly demolished the house when no one was home, causing damage to the house and its interior furnishings. Wang * entrusted the Beijing Henglu Law Firm to handle the case on his behalf.Wu JianiThe lawyer filed an administrative lawsuit on behalf of the client. The court ruled that the forced demolition violated procedural regulations, and the judgment confirmed that the forced demolition was illegal and ordered the town government to make an administrative compensation decision within two months. Applicable laws: the Administrative Litigation Law of the People's Republic of China, the State Compensation Law of the People's Republic of China, and the Administrative Enforcement Law of the People's Republic of China.

I. Review of the case

"How to protect one's rights if the house is forcibly demolished", "Is it legal to demolish the house the day after the town government issues a notice", and "Can one get compensation after the forced demolition" are frequently asked questions about expropriation and demolition. The plaintiff, Wang*, owned a legal house in a village in Zhejiang Province, which was later included in the scope of expropriation and demolition for the XX Industrial Concentration Area. However, the house survey registration form was not publicly announced, and the appraisal report was not provided. On June 7, 2022, the defendant, the People's Government of * Town, issued a "Notice of Forced Demolition" on the grounds that the house was an illegal building, and decided to implement the forced demolition on June 8. On the afternoon of June 8, the defendant took advantage of the fact that the Wang family was not at home and directly used a large excavator to demolish the house. The interior decoration and living utensils in the house were damaged, as evidenced by photos and videos.

Wang * entrusted Henglue Law Firm to handle the case.Wu JianiThe lawyer represents the client to protect their rights. The lawyer believes that the town government, as a qualified defendant, violated the law by directly carrying out forced demolition to circumvent the statutory demolition procedures and expedite the process, and failed to apply for court enforcement. The notices and announcements issued by the town government did not give the parties any right to remedy or time for appeal. The forced demolition was obviously illegal, and it should be confirmed as illegal and compensated according to law. Wang * claims that the forced demolition is illegal and requests compensation for the losses of the house and other items, which are estimated to be 3.8 million yuan; temporary resettlement assistance of 100,344 yuan; moving assistance of 4,515.48 yuan; vacating reward of 100,344 yuan; monetary compensation reward of about 1 million yuan and interest.

II. The focus of the case

  • Focus 1: Whether the town government's forced demolition procedure is legal.Not applying for court enforcement and failing to set a relief period violates the administrative enforcement procedures.
  • Focus II: Are all the houses involved in the case not eligible for compensation?Even if it is determined that the building is illegal, compensation should still be provided for the loss of legal property.
  • Focus Three: How to determine the scope and amount of administrative compensation.It is determined by the compensation decision combined with the assessment results.

III. Professional intervention by Hengluo Lawyers

The plaintiff (the homeowner) alleges that:Wang * claimed that the town government's forced demolition was illegal, and requested that the court confirm the illegality of the forced demolition and order administrative compensation.

The defendant (the town government) argued that:The town government stated that the land used for the house involved in the case was purchased by the plaintiff, built in 2009, and without approval files. It was an illegal building. According to the "Zhejiang Provincial Urban and Rural Planning Regulations", a "Forced Demolition Notice" was issued to order the demolition by the plaintiff himself, but the plaintiff refused to cooperate, so the demolition was carried out by the government. The claim for administrative compensation lacks legal basis and should be rejected.

Legal Opinion by Hengluo Law Firm:Wu JianiThe lawyer pointed out that the defendant did not apply to the court for enforcement, and the "Notice of Forced Demolition" and "Announcement of Forced Demolition" issued by the defendant did not give the parties any right to relief or time for appeal, and the direct forced demolition was obviously illegal; according to the "Administrative Enforcement Law of the People's Republic of China", even if the illegal construction is identified, it should be dealt with in accordance with the law. The defendant issued a notice on June 7 and carried out the forced demolition on June 8, which violated the procedural provisions. It should be confirmed that the forced demolition was illegal and the defendant should compensate according to law. In addition, the lawyer also submitted evidence such as the rural housing construction land report form, the house purchase contract, and the 110 alarm call recording.

IV. Outcome of the case

The court adopted the opinions and demands of Henglue Law Firm, holding that the defendant violated relevant procedural provisions by issuing a notice of forced demolition on June 7, 2022 and carrying out the demolition on June 8, 2022, and should be confirmed as illegal. According to the State Compensation Law, the defendant shall compensate for the legitimate property losses caused by the forced demolition in accordance with the law. Pursuant to the Administrative Litigation Law of the People's Republic of China and the State Compensation Law of the People's Republic of China, the court ruled as follows: First, confirm that the defendant's act of forcibly demolishing the plaintiff's house on June 8, 2022 is illegal; Second, order the defendant to make an administrative compensation decision for the plaintiff within two months from the date of effectiveness of this judgment. The case acceptance fee of 50 yuan shall be borne by the defendant.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmWu JianiThe attorney (practice license number: 11101202011245064, subject to the document issued by the judicial administrative organ) acts as the agent. In the event of illegal situations such as "non-publication, non-evaluation, and overnight forced demolition" during the expropriation and demolition, it is necessary to promptly fix the evidence and initiate administrative litigation. The land expropriation and demolition team of Beijing Hengluo Law Firm specializes in confirming illegal actions and seeking administrative compensation, and strives to safeguard the rights and interests of the expropriated individuals.

VI. Common Questions and Answers about Compensation and Protecting Rights in the Event of Forced Demolition

  1. Q: How to protect your rights if your house is forcibly demolished?
    A:Call the police immediately, take photos and videos to fix the evidence, and file an administrative lawsuit against the forced demolition to request confirmation of the illegality of the act.
  2. Q: Is it legal to demolish a building the day after the town government issues a notice?
    A:It's illegal. Forcing demolition without applying for court enforcement or giving a relief period violates the administrative enforcement procedures.
  3. Q: Can I get compensation after the forced demolition?
    A:After confirming the violation, the lawful property losses may be claimed for administrative compensation according to law, and the compensation decision shall be determined in combination with the appraisal.
  4. Q: Can I get compensation for the items in the house that were damaged during the incident?
    A:Yes. Because the demolition of the decoration and living utensils and other legal property damaged by forced demolition are all within the scope of compensation.
  5. Q: Is there compensation for illegal buildings that are forcibly demolished?
    A:Even if it is determined that the building is illegal, the legitimate property losses caused by illegal procedures should still be compensated according to the law.