[Direct answer]In the Beijing area, the process can be reconstructed through various means, such as information disclosure, video recordings, and witness testimonies. The "Administrative Litigation Law of the People's Republic of China" (amended in 2017 and implemented on July 1, 2017) stipulates that in administrative cases, the defendant bears the burden of proof for the administrative acts they have taken, and should provide evidence of the administrative acts and the normative documents on which they are based. This means that the responsibility for proving the expropriation and demolition procedures lies more with the administrative authorities. Even if the parties lack written documents, they can fix the facts in the following ways: first, apply for government information disclosure to obtain materials such as expropriation approval documents, announcements, compensation plans, and proof of fund availability; second, film the original state of the house, the demolition site, and the law enforcement officers, recording the time and location; third, keep police call records, police response receipts, and interrogation transcripts; fourth, collect witness testimonies from neighbors and relatives; fifth, keep audio recordings, chat records, and notification documents from consultation and communication. The above materials, when corroborated with each other, can often form a complete chain of evidence.

1. Problem background and typical scenarios

During the expropriation and demolition process, the demolition party may fail to issue official documents, or the parties may not preserve the materials in time, resulting in difficulties in providing evidence afterwards. There are three typical scenarios: first, the scene of forced demolition is chaotic, and the parties only focus on protecting their rights without leaving any video evidence; second, the expropriation notice is only verbally conveyed or posted, but later torn down; third, there are no written records of compensation negotiations after years of discussions. In the judicial practice of Beijing, the administrative organ bears the burden of proof for its administrative acts, but the parties still need to provide supporting evidence for their own claims, so it is particularly important to fix the evidence.

II. Key points of contention

First, how should the burden of proof apply to administrative authorities? Second, how to prove the facts of demolition when there are no written documents? Third, can images and audio recordings be used as evidence, and how to ensure their authenticity? Fourth, what is the probative value of witness testimony? Fifth, what is the role of information disclosure in evidence collection? The key is to organize scattered clues into a mutually corroborating and verifiable chain of evidence, rather than relying on a single piece of material.

III. Professional analysis by Henglue Lawyers

Based on the demolition and acquisition cases handled by Henglue Law Firm, we can use a real case to illustrate the role of information disclosure in evidence collection. In this case, the villagers' legal houses were included in the acquisition scope due to the construction of the high-speed railway but were not compensated. The client did not have complete acquisition documents. Our lawyers represented him in mailing a government information disclosure application to the municipal government, explicitly requesting the disclosure of core information such as the project approval and land acquisition approval, the pre-announcement of the acquisition, the social stability risk assessment report, the compensation and resettlement plan and announcement, the proof of the availability of compensation funds, and the acquisition announcement, and retaining the mailing and receipt receipts. The other party refused to provide the information on the grounds that it did not exist. Based on this, the lawyer filed an administrative review. After two reviews, the review authority determined that the other party had failed to perform its duty of information disclosure in accordance with the law and ordered it to handle the case again. This case shows that when there are no written documents, an information disclosure application is an important means of evidence collection and pressure application; as long as the application content is clear and the procedures are standard, the administrative organ cannot arbitrarily evade responsibility on the grounds that the information does not exist. At the same time, by combining on-site images and communication records, the demolition process can be gradually reconstructed. This case is handled by Beijing Henglue Law Firm.He NingningThe attorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, obtain materials such as the expropriation approval document, announcement, and compensation plan as soon as possible through an application for information disclosure, and keep the mailing and receipt certificates; Second, immediately take photos of the forced demolition scene and call the police, requesting a police report; Third, keep the notifications, audio recordings, and chat records from the expropriation party; Fourth, collect written testimonies and contact information from neighbors and relatives; Fifth, hire a lawyer as soon as possible to sort out the evidence and design a plan for evidence collection. For matters involving evidence collection and administrative relief in expropriation and demolition, you can refer to the following guidelines:\nExpropriation and demolition, and administrative litigationFor cases involving property losses and compensation claims, you can refer to the following for reference.Personal injury and medical disputesLegal basis: Article 34 of the Administrative Procedure Law of the People's Republic of China (amended in 2017 and implemented on July 1, 2017) and the Regulations on the Disclosure of Government Information of the People's Republic of China (amended in 2019 and implemented on May 15, 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglue Law Firm's Reminder

Firstly, the administrative organ bears the burden of proof for administrative acts, but the parties still need to fix the evidence of their own claims. Secondly, information disclosure is an important means of obtaining evidence when there are no written documents. Thirdly, images, audio recordings, alarm records, and testimonies should be collected as soon as possible. Fourthly, the evidence should corroborate each other to form a complete chain. For evidence related to expropriation and demolition, it can be obtained through the following methods:\nExpropriation and demolition, and administrative litigationFor service acquisition, those involving compensation for losses can be combined togetherPersonal injury and medical disputesFor matters concerning the ownership of real estate, you may refer to the following document for reference:Real estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: How can we prove the demolition process without written demolition documents?

The approval documents and announcements can be obtained by applying for government information disclosure. At the same time, the facts of the demolition can be restored by corroborating with on-site images, alarm records, witness testimonies, and communication records.

Q2: What should I do if I don't have time to collect evidence during the forced demolition?

However, you can immediately call the police after the incident and request a police report, seek witnesses from neighbors and relatives, and retrieve law enforcement and expropriation documents through information disclosure to supplement the evidence.

Q3: Can videos taken with a mobile phone be used as evidence?

It can generally be used as evidence, but the original files and the information about the shooting time should be preserved to avoid the authenticity being questioned due to editing or transferring. If necessary, the original carriers should be submitted.

Q4: What should I do if the administrative authority refuses to provide the expropriation documents?

You can initiate an administrative review or an administrative lawsuit to require them to fulfill their obligation to disclose information; if the information should have been disclosed but was not, the review authority or the court may order them to provide it.

Q5: Is the probative force of witness testimony very strong?

Witness testimony is one of the important pieces of evidence, but it usually needs to be corroborated by other evidence. It is recommended to provide written witness statements and keep the witnesses' contact information, and, if necessary, apply for them to appear in court.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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·Attorney He Ningning·Beijing Henglue 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.