[Case Summary]This case involves a forced demolition of illegal buildings in an administrative lawsuit. The plaintiff, Liu *, whose house is located at No. 2 Shuguang Village, XXX Town, Miyun District, Beijing City, received a rectification reminder letter from the Miyun Branch of the Municipal Commission of Urban Management on March 26, 2025. On April 29, the town government issued a "Decision on Demolition (Backfilling) within a Limited Time" and a "Decision on Forced Demolition" on April 30. The forced demolition was carried out on May 7. Liu * entrusted Beijing Henglu Law Firm to handle the case.I respect and admire you, YiyiThe lawyer defended the rights of the client, and the court confirmed that the forced demolition was illegal. The core controversy is whether the forced demolition guarantees the client's right to appeal and litigate within the statutory time limit. Applicable legal provisions: Article 44 of the Administrative Enforcement Law; Article 74 Paragraph 2 Item 1 of the Administrative Litigation Law.

I. Review of the Case Facts

"Is it necessary to wait for the expiration of the reconsideration litigation period before forced demolition?" "Is it legal to issue the 'Limit Demolition Decision' and the 'Forced Demolition Decision' on the same day?" "Is it illegal for the town government to carry out forced demolition without providing an appeal period?" These are the procedural issues that the parties concerned are most concerned about. The plaintiff Liu *'s house is located at No. 2 Shuguang Village, XXX Town, Miyun District, Beijing City. On March 26, 2025, the Miyun Branch of the Beijing Municipal Commission of Planning and Natural Resources issued the "Reminder Letter on Urging the Rectification of Illegal Landmarks within the Ecological Red Line", requiring the rectification of the conversion of agricultural land into new construction land within the ecological red line, including the plot where Liu *'s house is located.

On April 29, the XXX Town Government conducted on-site measurements of the buildings involved in the case and issued the "Decision on Demolition (Backfilling) within a Limited Time" on the same day, requiring Liu * to demolish the buildings within one day; on April 30, the "Decision on Forced Demolition" was issued; and on May 7, the forced demolition was carried out. Liu * believed that his rights and interests had been infringed, and after consulting and trusting the Beijing Henglu Law Firm, he entrusted the firm to handle the case for him.I respect and admire you, YiyiThe lawyer helps protect rights and interests.

II. The focus of the case

  • Focus 1: The plaintiff's legal standing and the objective existence of the forced demolition act.Is Liu * entitled to sue, and was the forced demolition carried out by the town government?

  • Focus 2: Was the town government's forced demolition process seriously illegal?That is, whether it guarantees the statutory relief period for the parties to apply for administrative reconsideration and initiate administrative litigation.

III. Professional intervention by Hengluo Law Firm

The original complaint stated that:Liu * requests to confirm that the forced demolition by the XXX Town Government on May 7, 2025 was illegal, and claims that the government failed to guarantee his right to a review and litigation within the statutory time limit before the demolition, which constitutes a serious procedural violation.

The defendant (XXX Town Government) argued that:The claim of forced demolition is based on the decision on limited demolition and forced demolition, and the procedure is legal.

Hengluo Lawyer's Agency Opinion:I respect and admire you, YiThe lawyer carried out work around "proving the existence of forced demolition, the plaintiff's qualification as a party, and the defendant's procedural violations": fixing 9 photos before and after the demolition of the house, screenshots of the call to the police, the administrative reconsideration decision letter No. Mizheng Fu Jue Zi [2025] X0X (proving ownership and qualification as a party), phone recordings, supplementary photos, and 8 on-site videos to form a complete chain of evidence; accurately identifying the procedural violations of the town government — according to Article 44 of the Administrative Enforcement Law, before demolishing illegal buildings, the government must announce the decision and wait for the expiration of the statutory time limit for the parties to appeal or file a lawsuit, but the town government made the decision to demolish the building on April 29, made the decision to forcibly demolish it on April 30, and forcibly demolished it on May 7, which obviously did not give the parties a sufficient period of relief and seriously deprived them of their statutory right to relief; even if the building is identified as illegal, the procedural violations cannot be exempted.

IV. Outcome of the case

The court ruled in accordance with Article 74(2)(1) of the Administrative Litigation Law: It is confirmed that the forced demolition of the buildings owned by the plaintiff, Liu *, in Shuguang Village by the defendant, the People's Government of XXX Town, Miyun District, Beijing City, on May 7, 2025, was illegal. The court held that, in accordance with Article 44 of the Administrative Enforcement Law, the town government carried out the forced demolition on May 7 while Liu * was still within the statutory time limit for applying for administrative reconsideration or initiating administrative litigation against the "Decision on Demolition (Backfilling) within a Limited Time" and the "Decision on Forced Demolition". The forced demolition violated the above-mentioned provisions and should be deemed procedurally illegal. Given that the forced demolition in question does not involve any elements that can be revoked, the court legally confirms that the forced demolition was illegal.

5. Hengluo Law Firm's Reminder

Confirming that the administrative act is illegal is a prerequisite for applying for administrative compensation. In this case,I sincerely wish you all the best.Attorney (Practice License No.: 11101202510973791, subject to the document issued by the judicial administrative organ): Reminder: Confirming the legality of administrative acts through legal procedures. Once the procedure is confirmed to be illegal, it means that the act constitutes an infringement of citizens' rights and interests, thus providing a strong basis for applying for compensation. In the event of forced demolition, it is necessary to promptly engage professional lawyers to fix evidence and identify the points where the procedure is illegal.

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

  1. Q: Is it necessary to wait until the review and litigation period expires before carrying out forced demolition?
    A: It's necessary. According to Article 44 of the Administrative Enforcement Law, before demolishing illegal buildings, the government must issue a public notice and wait until the statutory time limit for the parties to apply for administrative reconsideration or initiate administrative litigation expires before proceeding with the demolition.

  2. Q: Is it legal to issue both the demolition notice and the forced demolition notice on the same day?
    A: It's illegal. The interval between the two decisions is extremely short, and the party's right to appeal for review and litigation is not guaranteed. The forced demolition will be confirmed as illegal due to procedural violations.

  3. Q: Is it illegal for the town government to forcibly demolish without providing a period for appeal?
    A: It's illegal. Before forced demolition, the rights to make statements, defend oneself, and seek remedies through appeal and litigation must be guaranteed. Failure to do so constitutes a serious procedural violation.

  4. Q: What's the point of confirming that forced demolition is illegal?
    A: Confirming the illegality is a prerequisite for applying for administrative compensation, and it provides a legal basis for claiming compensation in accordance with the State Compensation Law in the future.

  5. Q: What should I do after receiving the demolition notice?
    A: Apply for administrative reconsideration or initiate administrative litigation within the statutory time limit, and entrust a lawyer to fix the evidence and identify the illegal procedures to protect one's rights.