[Direct answer]Calculated based on the actual losses. The property losses caused by forced demolition generally include the value of the house and its ancillary structures, the losses of indoor property and decoration, the losses of machinery and equipment and inventory, and the costs of relocation and temporary resettlement. For those involved in business operations, it also includes the losses of production and business suspension. The value of the house is usually based on the market value or appraisal conclusion at the time of forced demolition; the losses of movable property are determined according to the actual value combined with the purchase certificates; if the losses cannot be proved due to the failure of the administrative organ to make a list according to law or to properly preserve the property, the court may reasonably determine the amount of compensation based on the plaintiff's claims and the ability to obtain evidence. Providing evidence and fixing evidence are prerequisites for obtaining full compensation.

1. Problem background and typical scenarios

When a house is forcibly demolished, the furniture, home appliances, production and operation equipment, raw materials, and finished products are often damaged together with the roar of bulldozers, leaving the scene in disarray. Afterward, the parties involved apply for compensation, but are often offered lower prices due to the lack of inventories and supporting documents; the administrative authorities, on the other hand, only compensate for the house and not the property on the grounds that "the specific losses cannot be proven". The calculation and evidentiary rules for the losses caused by forced demolition directly determine the outcome of the compensation.

II. Key points of contention

Firstly, the scope and classification of losses. Secondly, the determination of the time and standard for assessing the value of the house. Thirdly, the calculation of movable property and operating losses. Fourthly, how the burden of proof is allocated.

III. Professional analysis by Henglue Lawyers

Firstly, the scope of losses: The compensation for forced demolition should cover the direct losses and reasonable indirect losses of the damaged property, including the housing and ancillary facilities, decorations, interior movable property, machinery and equipment, raw materials and product inventories, relocation and temporary resettlement expenses, as well as reasonable losses caused by production and business suspension. Secondly, determination of the housing value: Generally, it is based on the market value at the time of damage. An appraisal can be commissioned or reference can be made to the market prices of similar real estate. It is important to note that the appraisal time point should be based on the time of forced demolition rather than the time of purchase, to avoid using outdated prices to reduce the compensation. Thirdly, calculation of movable property and operating losses: The movable property losses are determined based on purchase invoices, account books, inventory records, and replacement prices. The operating losses are calculated based on tax records, orders, and employment situations, and estimated according to a reasonable production suspension period. For cases where accurate calculation is difficult, the court will determine the compensation based on transaction practices and common sense. Fourthly, key rules of the burden of proof: When conducting forced demolition, the administrative authorities shall legally inventory, register, and properly preserve the property and prepare a list. If the administrative authorities fail to fulfill the above obligations, resulting in the plaintiff being unable to provide evidence of the losses, the court should not entirely attribute the consequences of the lack of evidence to the plaintiff. The court may reasonably determine the compensation based on the plaintiff's claims and evidence-gathering capabilities. Therefore, parties should strive to preserve property photos, videos, purchase receipts, and business records, and apply for notarization or evidence preservation when necessary. Henglue Tip: Reporting the forced demolition to the police immediately, recording the scene, and applying for notarization are the most effective means of claiming losses in the future. When handling such cases in Beijing, the court will comprehensively review the forced demolition subject's obligation to inventory and the plaintiff's efforts to provide evidence.

IV. Practical suggestions and legal basis

First, immediately record videos and take photos of the forced demolition scene, report the case to the police, and apply for notarization to preserve evidence if necessary. Second, organize the ownership of the house, the decoration, movable property, and business materials to form a list of losses. Third, commission an evaluation of the house's value or claim based on the market price, noting that the time of the forced demolition should be used as the benchmark. Fourth, emphasize the administrative authorities' obligations of inventory and safekeeping, and argue that the consequences of their failure to fulfill these obligations and the resulting difficulty in providing evidence should not be borne by the plaintiff. Main legal basis: - The "State Compensation Law of the People's Republic of China" (effective January 1, 2013) regarding compensation for property damage and direct losses. - The "Administrative Litigation Law of the People's Republic of China" (amended and effective in 2017) and the judicial interpretations regarding the burden of proof in administrative compensation cases. - Specific applications shall be governed by the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points regarding the losses caused by forced demolition: the value of the house shall be calculated based on the market price at the time of forced demolition; the value of movable property shall be calculated based on its actual value; and the value of the business shall be calculated based on a reasonable period. If the administrative organ fails to inventory and keep the property, resulting in the plaintiff being unable to provide evidence, the consequences should not be entirely borne by the plaintiff. Video footage taken at the scene and notarization are the most powerful pieces of evidence. For cases involving compensation for forced demolition, the plaintiff can pursue legal action through the following channels:Land expropriation and demolition, and administrative litigationFor services involving property and appraisal, a comprehensive solution can be provided, which can be combined with other services.Real estate transactions and construction projectsFor cases involving the enforcement of compensation payments, you may refer to the following provisions:Creditor's rights and debts, and enforcementFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: What items are included in the compensation for forced demolition?

It usually includes the value of the house and its attached facilities, the loss of indoor movable property and decoration, the loss of equipment and inventory, the relocation expenses, and the loss of production and business suspension of the operating entity. The specific amount shall be determined based on the actual losses and evidence.

Q2: At what price will the house be compensated for?

Generally, the market value at the time of forced demolition is used as the benchmark, and the price of similar real estate can be evaluated or referenced. It is not appropriate to use the purchase price many years ago or an overly low appraisal price as the basis for compensation.

Q3: How can I prove my belongings without an inventory list?

Make every effort to collect photos, videos, purchase invoices, and witness testimonies; if the administrative organ fails to inventory and preserve the items in accordance with the law when conducting forced demolition, the consequences of making it difficult for the plaintiff to provide evidence should not be entirely borne by the plaintiff, and the plaintiff may claim a reasonable determination of the responsibility.

Q4: How to provide evidence of the losses caused by production and business suspension?

Use tax records, financial statements, orders, and employment data to prove the scale of the business and its profits, and calculate the compensation based on a reasonable production suspension period. The more complete the evidence is, the closer it will be to the actual losses.

Q5: What should I do if I didn't take any photos at the scene?

There is still room for remedial measures. You can collect receipts for purchased property, bank statements, and witness statements from neighbors, and apply for an investigation into the facts of the forced demolition. However, on-site video footage and notarization are still the most powerful direct evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit.Land expropriation and demolition legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.