[Direct answer]In the Beijing area, the collection of evidence after forced demolitions should follow the principles of "first-time collection, multi-angle collection, and traceable collection". Specifically, it includes: 1. On-site evidence: Photographs and videos of the demolition process, recording the time, location, participants, and mechanical equipment; 2. Police report records: Immediately report the incident and request the police's response and action records; 3. Property inventory: List the losses of items in the house based on purchase receipts, photos, and witness testimonies; 4. Evidence of ownership and legal use: Including housing ownership certificates, contract agreements, payment receipts, and residence certificates; 5. Documents related to expropriation: Such as compensation plans, notices of default, and decisions on demolition within a specified timeframe. According to the *Administrative Procedure Law of the People's Republic of China* (amended in 2017 and implemented on July 1, 2017), evidence is the basis for establishing facts; and according to the *State Compensation Law of the People's Republic of China* (amended in 2012 and implemented on January 1, 2013), if losses are caused by illegal forced demolitions, the parties have the right to request administrative compensation. Whether the evidence is sufficient often directly determines whether the claims of illegal demolition and compensation can be established.
I. Problem Background and Typical Scenarios
Forced demolitions often happen suddenly, and the parties involved are often emotional and prone to neglecting evidence collection. Common situations include: the parties are not present at the scene during the demolition and only describe it based on their memory afterwards; they only focus on arguing with the on-site personnel and fail to take photos; the property in the house is buried and damaged, and the inventory and registration are not carried out in time; they fail to request written records after calling the police; and the ownership materials are stored in the demolished house and lost along with the house. When hearing forced demolition cases, the Beijing district courts will review the facts of the forced demolition, the scope of losses, and the causality. Insufficient evidence may lead to some claims not being supported. Therefore, evidence collection is not only the basic work of safeguarding rights, but also a key link in determining the scope of compensation.
II. Key points of contention
First, how can the subject of forced demolition determine the evidence? Second, how to prove the demolition time and the time of being informed, which affects the litigation period? Third, how to provide evidence of property losses, and is it necessary to have purchase invoices? Fourth, how to strengthen the evidence after the loss of ownership materials? Fifth, the effectiveness and admissibility standards of witness testimonies. Sixth, whether the integrity and authenticity of video images can be recognized. These issues determine whether the evidence can form a complete chain of proof.
III. Professional analysis by Henglue Lawyers
Henglu Law Firm recommends collecting evidence in three stages: "on-site — post-event — supplementary". In the on-site stage, priority should be given to recording the demolition process and the participating entities, including vehicle license plates, personnel uniform badges, and machine serial numbers. This information can help identify suitable defendants. At the same time, attention should be paid to personal safety to avoid conflicts with on-site personnel. In the post-event stage, immediately call the police and obtain the police report, promptly inventory the property and prepare a list, and attach purchase receipts, photos, or witness statements where possible. Photos and videos of the original state of the house should also be preserved. In the supplementary stage, obtain demolition approval documents, compensation plans, demolition deadline decisions, and notice letters through applying for government information disclosure to strengthen the proof of illegal actions. In the case of lost ownership materials, the facts can be restored through registration archives, village committee certificates, payment records, and household registration information. It is worth noting that the legality of evidence is also important. Materials obtained through trespassing or illegal means may not be admitted. In the cases of confirming illegal demolitions handled by Henglu Law Firm, the attorneys involved clarified the facts and accurately identified the defendants by applying for information disclosure and meticulously organizing evidence, thereby proving that the demolition process violated legal provisions and gaining the court's support. It can be seen that evidence collection and legal argumentation complement each other and are indispensable.
IV. Practical Suggestions and Legal Basis
Action suggestions: First, when forced demolition occurs, prioritize ensuring personal safety and simultaneously record audio and video; Second, call the police and request written records; Third, prepare a list of property and attach evidence; Fourth, apply for information disclosure to supplement government documents; Fifth, consult a lawyer as soon as possible to assess and confirm the path of illegal actions and compensation. For related services, please refer to the following link for more information:Land expropriation and demolition, and administrative litigationAndSpecial servicesColum. Legal basis: The provisions on evidence and the burden of proof in the Administrative Procedure Law of the People's Republic of China (amended in 2017 and implemented on July 1, 2017), the provisions on administrative compensation in the State Compensation Law of the People's Republic of China (amended in 2012 and implemented on January 1, 2013), and the provisions on expropriation procedures in the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Reminder
Firstly, the scene of forced demolition is a prime time for evidence collection, and video footage and police reports are of great importance. Secondly, it's not necessary to have invoices for property losses; photos, witness statements, and purchase records can provide comprehensive proof. Thirdly, the methods of evidence collection must be legal; illegally obtained evidence may not be admissible. Fourthly, if ownership documents are lost, they can be supplemented with registration files and village-issued certificates. For more information on evidence collection and compensation schemes in forced demolition cases, please contact us viaLand expropriation and demolition, and administrative litigationAndSpecial servicesFor column consultation, please contact us.Beijing Henglu Law Firm.
VI. Frequently Asked Questions
Q1: What should I do if I don't manage to film the forced demolition?
There is still room for remedies. We can supplement the police report, the testimonies of neighbors and witnesses, photos of the scene taken after the incident, information about mechanical equipment and personnel, as well as government-issued documents related to expropriation and demolition. By corroborating various pieces of evidence with each other, it is still possible to prove the facts of forced demolition and the entities responsible for it. The earlier we collect additional evidence, the better the results will be.
Q2: How can I prove the loss of property without an invoice?
It can be proven by photos of the items in the house, videos, purchase records, bank or payment statements, warranty documents, and testimonies from relatives and friends, among other things. The court will make a determination based on common sense and the evidence provided. It is recommended to inventory and make a detailed list as soon as possible, noting the names of the items, their quantities, the dates of purchase, and their values, to avoid any omissions.
Q3: Is it useful to call the police?
It's useful. Calling the police can fix the time and scene of the forced demolition, and the records of receiving and responding to the alarm are important documentary evidence. If there are acts of destroying property at the scene, it may also lead to corresponding handling. It is recommended to call the police in time and request written records under the premise of ensuring safety, which can be used as evidence for subsequent confirmation of the violation and claims for compensation.
Q4: Is the witness's testimony valid?
It's effective, but the probative force is influenced by factors such as the witness's relationship with the party concerned, whether the statement is specific, and whether it can be corroborated by other evidence. Testimonies from neighbors and fellow villagers, if they can be corroborated by other evidence, will generally be accepted. It is recommended to obtain statements from as many witnesses as possible and keep their contact information on hand for them to testify in court.
Q5: Who will be responsible for preserving the evidence?
The original evidence should be properly preserved by oneself. Important materials can be backed up multiple times and handed over to the lawyer for safekeeping. When submitting to the court, generally provide copies and present the originals as required. For video materials, it is necessary to keep the original files to avoid the authenticity being affected by editing or transcoding. It is recommended to work with the lawyer to establish an evidence catalogue to facilitate systematic evidence presentation during litigation.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Land expropriation and demolition legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.