[Direct answer]It is not allowed to resist law enforcement by violence. Anyone who uses violence or threats to obstruct state functionaries from performing their duties in accordance with the law may be guilty of the crime of obstructing official duties as stipulated in the Criminal Law of the People's Republic of China. If they gather a crowd to commit such acts, they may also be charged with crimes such as gathering a crowd to disturb public order. Moreover, violent resistance is highly likely to cause personal injuries, which is not worth the candle. In the face of illegal demolitions, the correct approach is to maintain restraint, call the police in time, and record the whole process with audio and video to fix the evidence on site. Subsequently, through administrative reconsideration and administrative litigation, confirm that the demolition is illegal and apply for state compensation. According to the State Compensation Law of the People's Republic of China (amended on October 26, 2012, and implemented on January 1, 2013), if administrative organs and their staff members violate their duties and infringe upon property rights, the victims have the right to obtain compensation. Legally protecting one's rights can not only protect one's own safety, but also lay a foundation of evidence for subsequent compensation.

1. Problem background and typical scenarios

At the scene of forced demolition, emotions often run high, and the parties involved are prone to impulsive actions. Typical scenarios include: houses being forcibly demolished without reaching a compensation agreement; demolition being carried out without presenting legal documents or allowing sufficient time for eviction; demolishing legal houses under the guise of demolishing illegal structures; forced construction at night or in the early morning leading to conflicts; and parties blocking construction machinery or engaging in physical conflicts with workers. In such situations, violent confrontations may not only result in criminal or public security responsibilities for the parties involved, but also damage the integrity of evidence and affect subsequent compensation claims.

II. Key points of contention

First, whether the forced demolition is illegal, and whether the demolition subject and procedures are legal. Second, the legal consequences of violent resistance to law enforcement, and the boundaries of penalties for obstruction of official duties and public security violations. Third, the methods of collecting evidence at the scene and the effectiveness of the evidence. Fourth, the remedies and time limits for confirming the illegality of forced demolition. Fifth, the scope and standards of state compensation, including the value of the house, relocation expenses, and property losses. Sixth, the determination of the subject of compensation liability, with the party who carried out the demolition being responsible. Seventh, the differences and connections between compensation and indemnification.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers repeatedly emphasize in expropriation and demolition cases that protecting rights should focus on procedures and evidence rather than emotions and confrontation. Firstly, on-site response: the client should stay calm, avoid physical conflicts, immediately call the police and request a police report, while recording the scene with audio and video, noting the time, personnel, vehicle and machinery numbers, the scope of demolition and the items removed. Secondly, evidence preservation: keep the house ownership documents, inventory of items in the house and photos, and comparison images before and after the forced demolition. If necessary, apply for notarization or entrust a lawyer to investigate and collect evidence. Thirdly, remedial path: apply for administrative reconsideration or initiate administrative litigation against the forced demolition to request confirmation of its illegality; after confirming the illegality, apply for state compensation for the property losses caused by the forced demolition, including direct losses such as damaged property and relocation and temporary resettlement expenses. Fourthly, subject responsibility: identify the implementing entities and organizers, including government departments, construction companies, and entrusted agencies, and clarify the responsible parties for compensation or restitution. Fifthly, risk warning: violent resistance may turn oneself from a rights defender into a party subject to legal liability, thereby weakening subsequent claims; only by cooperating with lawyers to adopt legal methods can one gain the initiative in the process. In practice, Henglue Lawyers usually first guide clients to fix evidence and promptly initiate reconsideration or litigation, then claim compensation or promote compensation negotiations based on the result of confirming the illegality, forming a complete chain of rights protection. In this case, the team focused on transforming each forced demolition into a reviewable administrative act, correcting the illegality through procedures and ensuring compensation for losses.

IV. Practical suggestions and legal basis

Action list: First, maintain restraint and avoid physical conflicts with law enforcement officers; Second, immediately call the police and request a police report; Third, record the whole process with audio and video, document the personnel, vehicles, and property losses; Fourth, preserve ownership information and a list of property in the house; Fifth, promptly apply for a review or file a lawsuit to confirm the illegality of forced demolition and claim compensation. Legal basis: The provisions of the "State Compensation Law of the People's Republic of China" (amended on October 26, 2012, and implemented on January 1, 2013) on compensation for infringements of property rights by illegal exercise of official powers; the provisions of the "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017, and implemented on July 1, 2017) on confirming the illegality and compensation litigation; and the provisions of the "Criminal Law of the People's Republic of China" on the crime of obstruction of official duties. For cases involving illegal forced demolition and compensation, reference can be made to the relevant provisions.Land expropriation and demolition, and administrative litigationThe defendants involved in criminal risks can refer to the following for reference.Criminal defense and criminal case filing; For those involving real estate and engineering projects, you can refer to the following for more information.Real estate transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the risk of violently resisting law enforcement is extremely high, which may constitute a crime and endanger public safety. Secondly, calling the police and recording videos and audios are key to securing evidence. Thirdly, confirming that the forced demolition is illegal is a prerequisite for applying for compensation. Fourthly, the scope of compensation primarily covers direct losses, which must be supported by evidence. Fifthly, it is necessary to identify the responsible party. For cases involving illegal forced demolition and compensation, the parties involved can seek legal redress through legal channels.Land expropriation and demolition, and administrative litigationWe provide a comprehensive solution for services, which involves the integration of real estate and engineering projects.Real estate transactions and construction projectsFor those involved in criminal risks, they can refer to the following for reference.Criminal defense and criminal case filing.

VI. Frequently Asked Questions

Q1: Will people be held accountable if they resist during forced demolitions?

It's possible. Anyone who uses violence or threats to obstruct state officials from performing their duties in accordance with the law may be guilty of the crime of obstructing official duties, and those with minor circumstances may also be subject to public security punishments. Even if the forced demolition itself is illegal, violent resistance may still result in legal liability for the individual. The correct approach is to maintain restraint, gather evidence, and protect one's rights through legal procedures.

Q2: How to collect evidence at the scene of forced demolition?

When recording audio and video, you should try to maintain a safe distance as much as possible. Record the time, participants, vehicle and machinery numbers, the scope of demolition and the removal of items, and promptly call the police to obtain the police report and notify relatives, friends or neighbors to witness it. Afterwards, organize the ownership documents, a list of the property in the house, and video materials. If necessary, apply for notarization or entrust a lawyer to investigate.

Q3: How much compensation can I get for an illegal forced demolition?

The compensation shall primarily cover direct losses, including the value of the destroyed houses and property, the cost of relocation and temporary resettlement, etc. The specific amount shall be determined by the court based on the evidence and the damage situation. Mental damage is generally not included in the scope of compensation. To seek reasonable compensation, it is necessary to keep a list of property and purchase receipts, and apply for an assessment when necessary to determine the amount of loss.

Q4: How long do I have to file a lawsuit after the forced demolition?

The lawsuit should be filed within the statutory time limit. There are time requirements for filing an administrative lawsuit against forced demolition. Generally, the time limit is calculated from the date when the party knows or should have known about the administrative act. The specific time limit is subject to legal provisions. Due to the short time limit and the need to fix evidence, it is recommended to consult a lawyer as soon as possible after the forced demolition and initiate the procedure in time to avoid losing the opportunity for relief due to the expiration of the time limit.

Q5: Can those responsible be held accountable if forced demolition violates the law?

Yes. After confirming that the forced demolition is illegal, the relevant administrative authorities can be held legally liable for compensation; for staff members suspected of abusing their power or neglecting their duties, the case can be reported to the supervisory authorities or the procuratorial organs. Whether to initiate a case and hold those responsible depends on the nature of the acts and the availability of evidence. The focus of protecting rights should still be on confirming the illegality and claiming compensation, while holding those responsible for accountability can be used as an auxiliary means.

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 regional differences.

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

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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.