[Case Summary]This case involves a property damage compensation dispute arising from forced demolition by villagers' self-governance. The plaintiffs, Xie * and Wang *, jointly built a courtyard house No. 38 in a certain village. In August 2019, the village committee forcibly demolished their courtyard house based on a resolution of the villagers' representative meeting, which was suspected of being fraudulent, without signing an agreement or providing any resettlement compensation. The two plaintiffs entrusted Beijing Henglu Law Firm to handle the case.Chen Mei'aoThe lawyer defended the rights of the client. The lawyer pointed out that the village committee lacked the right to enforce the demolition, and the resolution was illegal, and the house was not within the scope of demolition. The court determined that the village committee constituted an infringement and awarded compensation of 2091,800 yuan for the loss of the items and the house. The core disputes are: the subject of the forced demolition and the legality of the resolution, and the scope of compensation for losses. Applicable laws: Article 6 of the Tort Liability Law and Article 37 of the Property Law.

I. Review of the case facts

The plaintiffs, Xie * and Wang *, are villagers of a certain village. They used to be a couple, but divorced in December 2008. The two of them jointly built a courtyard No. 38 in the village, which consisted of three brick-and-tile north-facing rooms. After the divorce, Xie * was allocated one and a half of the east-facing north-facing rooms, while Wang * was allocated one and a half of the west-facing north-facing rooms and lived there with her children. Later, Wang * expanded the brick-and-concrete structure house to eight rooms. In 2016, the village committee passed the "XX Project Construction Demolition and Resettlement Compensation Plan" to plan the development of collective land and compensated the villagers in two stages. Xie * and Wang * neither signed the "Sale Agreement" nor the "Village Demolition House Compensation Agreement". On June 2, 2019, there were still more than 10 households that had not completed the relocation. The village committee passed a resolution at the villagers' representative meeting and demolished the two plaintiffs' courtyards in August 2019. Facing the questions of "Can the village committee forcibly demolish my house?" and "What should I do if I haven't signed an agreement and my house is demolished?", the two plaintiffs entrusted Beijing Henglu Law Firm to handle the case.Chen Mei'aoThe lawyer filed a lawsuit in court, demanding compensation for the loss of the house and its contents.

II. The focus of the case

  • Focus 1: The nature of the village committee's forced demolition and the identification of the main responsible parties.The core issue is whether the village committee, as a villagers' self-governance organization, has the right to enforce decisions, and whether its resolutions fall within the scope of villagers' self-governance.
  • Focus 2: The legality of the resolutions of the villagers' representative meeting.Most of the content of the resolution exceeds the scope of villagers' autonomy and there are suspicions of fraud. Whether it can be used as a basis for forced demolition has become a controversial issue.
  • Focus Three: Scope and Amount of Compensation.The two plaintiffs' houses are not within the scope of the demolition. The land area of the courtyard is 347.8 square meters. How should the losses of the items and the courtyard be determined and compensated for?

III. Professional intervention by Hengluo Law Firm

The original plaintiff (the party involved) claimed that:The two plaintiffs claimed that the village committee forcibly demolished their homestead without signing an agreement or communicating about the resettlement and compensation, infringing their legitimate rights and interests, and demanded compensation for the loss of their houses and belongings.

The defendant argued (the position of the village committee):The village committee said that the case falls within the scope of villagers' autonomy and does not belong to the scope of civil cases accepted by the court. The village should implement the unified demolition plan. There is no property loss for the two plaintiffs. It is requested to rule to dismiss the lawsuit.

Legal opinion of Hengluo Law Firm:Chen Mei'eThe lawyer pointed out that the village committee forcibly demolished the house without signing any agreement, communicating with the villagers, or providing resettlement and compensation, citing the resolution of the villagers' representative meeting on June 2, 2019. The resolution was obviously falsified, and most of its content did not fall within the scope of villagers' autonomy. As an autonomous organization, the village committee did not have the right to enforce the demolition. The demolition was not an administrative expropriation and did not follow the legal procedures. The house in question was not within the scope of the village committee's demolition, with a land area of 347.8 square meters. The demolition of the house without providing resettlement and compensation according to the illegal resolution seriously infringed the rights and interests of the two plaintiffs, leaving them homeless.

IV. Outcome of the case

The court found that the two plaintiffs did not sign the "Sale and Purchase Agreement" and the "XX Housing Compensation Agreement", and the courtyard had not been fully confirmed to be within the scope of the village planning adjustment. The village committee illegally demolished the house and committed infringement, and should bear responsibility. In accordance with Article 6 of the Law of the People's Republic of China on Tort Liability, Article 37 of the Law of the People's Republic of China on Property Rights, Article 1 Paragraph 2 of the Supreme People's Court's Several Provisions on the Application of the Time Effect of the Civil Code of the People's Republic of China, and Article 67 of the Civil Procedure Law of the People's Republic of China, the court ruled that the defendant village committee shall compensate the plaintiffs for the loss of their property and the courtyard within seven days after the judgment takes effect; and dismissed the plaintiffs' other claims.

5. Hengluo Law Firm's Reminder

Villagers' committees, village groups, and other autonomous organizations are not administrative agencies and have no right to forcibly demolish villagers' houses. Forcible demolition without signing an agreement or providing compensation constitutes infringement, and villagers can seek compensation. When encountering situations such as "using demolition of illegal buildings to promote forced evictions" or "forced demolitions carried out under the guise of villagers' autonomy", villagers should promptly fix evidence and consult professional lawyers. This case is handled by Beijing Hengluo Law Firm.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acting as an agent.

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

  1. Q:Can the village committee forcibly demolish villagers' houses?
    A:The village committee is a grassroots autonomous organization of the masses, and it has no right to forcibly demolish buildings. Forcibly demolishing buildings without signing an agreement constitutes an infringement of rights, and the village committee should compensate for the losses caused.
  2. Q:What should I do if my house was demolished without signing a demolition compensation agreement?
    A:Take photos and videos immediately to preserve the evidence and identify the party responsible for the forced demolition. You can then file a civil lawsuit or seek administrative redress.
  3. Q:Can the resolutions of the villagers' representative conference be used as the basis for forced demolition?
    A:The content of the resolution must fall within the scope of villagers' autonomy and the procedure must be legal. Resolutions that exceed the scope or are falsified cannot be used as a legal basis for forced demolition.
  4. Q:How will I be compensated if my house is demolished even though it's not within the scope of the demolition project?
    A:Houses that are not within the scope of the demolition shall be demolished illegally, and the full compensation can be claimed based on the actual losses of the residential land, the house, and the items in it.
  5. Q:How to prove the loss of items caused by forced demolition?
    A:Based on the evaluation report, inventory list, photos, and other evidence, the evaluation conclusion of 4,153 yuan in this case is for reference only. The court will comprehensively determine the actual losses based on all the evidence presented.