[Direct answer]The key is to first determine the qualified defendant. According to Article 26 Paragraph 5 of the "Administrative Procedure Law of the People's Republic of China" (amended in 2017), the administrative act made by an organization entrusted by an administrative organ shall be deemed to be made by the entrusting administrative organ; Article 13 of the "Administrative Enforcement Law of the People's Republic of China" (implemented on January 1, 2012) stipulates that administrative enforcement shall be prescribed by law, and administrative organs shall not enforce it on their own without legal basis. In practice, those who carry out forced demolitions are often street offices, management committees, development service centers, or demolition companies. If they are entrusted by the government to carry out the demolition, the responsibility shall be borne by the entrusting government; if the implementing subject is difficult to identify, the responsibility subject can be inferred based on on-site evidence and relevant regulations. Forcibly demolishing without the court's ruling for enforcement generally constitutes an illegal act, and the parties may request to confirm the illegality and claim compensation.

I. Problem background and typical scenarios

Houses are forcibly demolished at night, and family members are detained. These are the most intense conflicts in land expropriation and demolition. The common confusion of the parties involved is: who should they sue when the demolition is carried out by the neighborhood office, a service center, or even personnel in security uniforms? If they sue the wrong defendant, their lawsuit may be dismissed, wasting time for nothing. When handling such cases in Beijing, identifying the appropriate defendant is often the biggest challenge.

II. Key points of dispute

There are four points that need to be clarified: Firstly, the implementing entity is either an administrative organ, a delegated organization, or a construction company; Secondly, whether there is a written delegation or a de facto delegation relationship; Thirdly, whether the implementing entity can be identified through on-site personnel, vehicles, law enforcement documents, and alarm records; Fourthly, the presumption rules and burden of proof when it is impossible to identify the implementing entity. Generally speaking, whoever carries out or organizes the forced demolition should bear the corresponding responsibility; and the responsibility of the delegated organization shall be borne by the delegating administrative organ.

III. Professional analysis by Henglue Lawyers

According to Henglue Lawyer's experience, in cases of forced demolition, the defendant should be identified based on evidence and the procedural violations should be claimed simultaneously. Firstly, identify the main parties: Retrieve the police reports and materials of the police intervention, collect the personnel identification and vehicle information in the on-site photos and videos, and inquire about the name of the project acquisition entity and the implementing unit. If necessary, apply for government information disclosure to obtain the entrustment documents. Secondly, determine the relationship: If the implementing unit is a government-owned institution or a delegated organization, the delegated administrative organ shall be the defendant according to the provisions of the Administrative Litigation Law; if multiple departments participate jointly, the relevant organs can be listed as defendants together. Thirdly, claim violations: Forcibly demolishing without the court's enforcement order violates the requirements of compensation before relocation and administrative enforcement procedures, and the court can be requested to confirm the illegality of the demolition. Fourthly, claim compensation: After confirming the illegality, the actual losses such as the house, its accessories, the items inside the house, and the relocation costs can be claimed according to law. It should be noted that evidence collection should be completed at the time of the incident, as it is more difficult to collect evidence afterwards, and it is not advisable to adopt violent confrontation methods; for the identification of the defendant and litigation strategies, reference can be made to the relevant provisions of the Administrative Litigation Law and other legal documents. 恒略律师的经验是，强拆案件应围绕证据确定被告并同步主张程序违法。第一，锁定主体：调取报警记录与出警材料、收集现场照片录像中的人员标识与车辆信息、查询项目征收主体与实施单位名称，必要时申请政府信息公开获取委托文件。第二，判断关系：若实施单位为政府所属事业单位或受委托的组织，则依行政诉讼法规定由委托的行政机关作被告；若多个部门共同参与，可一并将相关机关列为被告。第三，主张违法：未经人民法院裁定强制执行即径行强拆，违反先补偿后搬迁与行政强制程序的要求，故可请求确认强拆行为违法。第四，主张赔偿：确认违法后可依法主张房屋、附属物、屋内物品与搬迁等实际损失。需要注意的是，取证应力争在事发当时完成，事后补证难度较大，且不宜采取暴力对抗方式；涉及被告认定与诉讼策略，可参考《行政诉讼法》等相关法律文件。Land expropriation and demolition, and administrative litigationService Introduction.

IV. Practical suggestions and legal basis

Action recommendations: First, immediately call the police when forced demolition occurs and request a police response record, photograph the on-site personnel and vehicles; Second, keep photos of the original state of the house, ownership materials, and a list of the property inside the house; Third, retrieve the project acquisition entity and entrustment documents through information disclosure to identify qualified defendants; Fourth, promptly file a lawsuit within the statutory time limit, request confirmation of the illegality, and claim compensation. For matters involving land expropriation and demolition and administrative litigation, you may refer to the following documents for reference:Land expropriation and demolition, and administrative litigationLegal basis: Article 26 Paragraph 5 of the Administrative Procedure Law of the People's Republic of China (amended in 2017), and Articles 13 and 44 of the Administrative Enforcement Law of the People's Republic of China (implemented on January 1, 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, filing a lawsuit against the defendant is the first step in protecting one's rights against forced demolition. A wrongful party may lead to a procedural stalemate. Secondly, the administrative acts implemented by the entrusted organizations are the responsibility of the entrusting authorities, and the entrusted organizations do not bear independent responsibility. Thirdly, forced demolitions carried out without a court's ruling are generally illegal, and one can request a confirmation and seek compensation. Fourthly, it is crucial to collect evidence quickly, with on-site footage and police reports playing a vital role. For cases involving the protection of rights against forced demolitions, one can seek assistance through legal channels.Land expropriation and demolition, and administrative litigationThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Who should be sued in a case of forced demolition?

First, the implementing entity should be identified. If the implementation is carried out directly by an administrative organ, the organ shall be the defendant; if it is carried out by a delegated organization, the delegating administrative organ shall be the defendant according to the provisions of the Administrative Litigation Law. If multiple departments participate jointly, they may be listed as defendants together. The verification of the subject can be completed through information disclosure, police reports, and on-site images.

Q2: I don't know who unpacked it. What should I do?

The subject can be identified by calling the police and requesting the police report, collecting information about the people and vehicles in the on-site photos and videos, applying for government information disclosure to retrieve the acquisition and entrustment documents, etc. If it is really difficult to identify, the responsibility can be claimed based on the evidence of the project implementation subject and the beneficiary, and if necessary, the court will determine the responsibility according to the rules of evidence.

Q3: Is it legal to forcibly demolish a building without a court ruling?

Generally, it constitutes an illegal act. The right of administrative enforcement is established by law, and administrative authorities cannot enforce it on their own without legal basis. In the process of housing expropriation, if the expropriated persons do not apply for reconsideration or litigation within the statutory time limit and do not move out, the government that made the expropriation decision shall apply to the people's court for enforcement according to law. It is usually illegal to carry out forced demolition directly.

Q4: What compensation can be obtained after the confirmation that the forced demolition is illegal?

You can claim actual losses such as the value of the house, attached structures, losses of items in the house, relocation and temporary accommodation costs, and operational losses. Compensation is limited to actual damages, and corresponding evidence is required. It is usually difficult to claim the value of the illegal building itself, but compensation can still be sought for legitimate property losses.

Q5: Is there a time limit for suing in cases of forced demolition?

Yes. Generally, a direct lawsuit against an administrative act should be filed within six months from the date when the plaintiff knows or should have known about the administrative act; if the case has undergone administrative reconsideration, the lawsuit should be filed within 15 days from the date of receiving the reconsideration decision. The time limit is rather strict, and failure to file a lawsuit within the time limit may result in the loss of the right to sue. It is recommended to entrust a lawyer to determine the litigation plan as soon as possible after the incident occurs.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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 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. In case of disputes, please consult a practicing lawyer in time.