[Direct answer]It is generally illegal. According to Article 43 of the Administrative Enforcement Law of the People's Republic of China (effective January 1, 2012), administrative authorities are not allowed to implement administrative enforcement at night or on statutory holidays, except in emergency situations. The article also stipulates that administrative authorities may not use methods such as cutting off water, electricity, heating, and gas supplies to force parties to comply with relevant administrative decisions. In addition, according to Article 44, if it is necessary to forcibly demolish illegal buildings, the administrative authorities shall issue a public notice requiring the parties to demolish them within a specified time limit. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the legal time limit and still fail to demolish the buildings, the administrative authorities may then forcibly demolish them in accordance with the law. Therefore, carrying out demolitions at night before the procedures have been completed usually violates both procedural and time-limitation requirements and is an illegal act. Beyond the administrative law, according to Article 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (effective January 21, 2011), no unit or individual may use violence, threats, or illegal methods such as cutting off water, heating, gas, electricity, or road access to force the demolition subjects to move out. If property is intentionally damaged or personal injuries are caused during the demolition process, it may also trigger criminal liability such as intentional destruction of property under Article 275 of the Criminal Law of the People's Republic of China. 通常是违法的。根据《中华人民共和国行政强制法》（2012年1月1日实施）第四十三条，行政机关不得在夜间或者法定节假日实施行政强制执行，除非情况紧急；该条同时规定，行政机关不得采取停止供水、供电、供热、供气等方式迫使当事人履行相关行政决定。此外，根据第四十四条，对违法建筑物需要强制拆除的，应当由行政机关予以公告，限期当事人自行拆除。当事人在法定期限内不申请行政复议或者提起行政诉讼又不拆除的，才可以依法强制拆除。因此，在程序尚未履行完毕的情况下趁夜间实施拆除，通常同时违反程序和时间限制两项规定，属于违法行为。除行政法层面外，根据《国有土地上房屋征收与补偿条例》（2011年1月21日实施）第二十七条，任何单位和个人不得采取暴力、威胁或者违反规定中断供水、供热、供气、供电和道路通行等非法方式迫使被征收人搬迁；若在拆除过程中故意毁坏财物、造成人身伤害，还可能触犯《中华人民共和国刑法》第二百七十五条规定的故意毁坏财物罪等刑事责任。Land expropriation and demolition, and administrative litigationYou can view similar questions in the column.

I. Problem Background and Typical Scenarios

Such disputes are commonly seen in four situations: First, the parties are awakened by the noise of mechanical operations at midnight, and the house has been partially or completely demolished, with no law enforcement documents being presented on site; Second, during the day, staff members come to negotiate or post notices, and the house is demolished that night; Third, they use methods such as cutting off water, electricity, and roads to force relocation, and then carry out the demolition when no one is around; Fourth, the house is demolished while the parties are out, and no one admits to being the perpetrator afterwards. When handling such cases in Beijing, it is usually first necessary to identify the perpetrator and the nature of the act, distinguishing whether it is a forced execution organized by the administrative organ or an infringement committed by the construction unit or the contractor themselves. The two approaches correspond to different ways of holding accountable. If there are unlawful personal injuries during the demolition process, they can also be referred to for referencePersonal injury and medical disputesColumn.

II. Key points of dispute

The first focus is on the identification of the implementing entity—whether it is an administrative organ, a delegated organization, or the construction unit itself—which directly affects the subject of responsibility. The second focus is on the application of time restrictions, the definition of nighttime and statutory holidays, and whether there are exceptions for emergency situations. The third focus is on whether the procedures have been followed, including whether a notice has been issued, whether a decision on demolition within a specified timeframe has been made and served, whether the remedy period has expired, and whether a written reminder has been issued. The fourth focus is on the nature of water, electricity, and road cutoffs, which are explicitly prohibited by law as illegal methods. The fifth focus is on the evidence of property losses, including the methods of proving the value of the house, interior items, and operating losses. The sixth focus is on the investigation of criminal responsibility, including the conditions for applying charges such as intentional damage to property and illegal trespassing. The seventh focus is on the choice of remedy pathways, confirming the illegality, state compensation, and civil tort compensation. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, there are three key points in handling nighttime illegal demolition cases. The first key point is to immediately fix the evidence. After the house is demolished, it is impossible to restore it to its original state. The parties should, while ensuring their personal safety, take photos and videos as soon as possible, record the information of machinery and vehicles, the characteristics of on-site personnel and the operation time, and immediately call the police and request the police report. These materials are not only clues to identify the perpetrators, but also the basis for subsequent loss assessment. The second key point is to identify the perpetrators. This can be done by applying for government information disclosure and retrieving the project's expropriation approval, compensation plan, law enforcement documents and approval materials to determine whether it is a forced demolition organized by the administrative organ or unauthorized construction by the construction unit. If there are publicity boards or project names at the construction site, they should be recorded in time. The third key point is legal characterization. If it belongs to the administrative organ's forced execution, the focus should be on reviewing whether Article 43 of the "Administrative Enforcement Law of the People's Republic of China" regarding the prohibition of enforcement at night and on holidays and Article 44 regarding the announcement and waiting period for remedies have been complied with. If not, it can be requested to confirm the illegality and claim state compensation. If it belongs to the construction unit or others' unauthorized demolition, it may constitute civil infringement or even intentional destruction of property, etc. Criminal offenses, and the police can be called in accordance with the law to pursue criminal responsibility and claim compensation. It should be noted that according to Article 27 of the "Regulations on Expropriation and Compensation of Houses on State-Owned Land", forcing relocation by cutting off water and electricity and blocking traffic is also explicitly prohibited by law. These facts should also be fixed and included in the claim. Regardless of the path taken, the integrity and timeliness of the evidence are the basis for determining the outcome of the case.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, when detecting signs of demolition, arrange personnel to stand guard. When demolition occurs, ensure safety and record the whole process on video, noting the time, machinery, and personnel information. For related procedures, please refer to the instructions for reference.Land expropriation and demolition, and administrative litigationFirst, the column; second, immediately call the police and request a police report to preserve evidence for subsequent confirmation of the subject and accountability. For cases involving criminal liability, continuous attention should be paid to the progress of the investigationCriminal defense and criminal case filing1. First, clarify the facts of the case and the legal basis for seeking redress. 2. Second, identify the responsible party and the specific legal violations. 3. Third, gather and organize the relevant materials as soon as possible, including property ownership documents, renovation contracts, purchase receipts, and inventory lists of interior items, to compile a list of losses. 4. Fourth, apply for government information disclosure to retrieve the expropriation approval documents, compensation plans, and enforcement case files, in order to identify the implementing entities and project background. 5. Fifth, after confirming the unlawfulness of the actions, apply for state compensation or initiate infringement claims to recover losses related to housing, property, and relocation. 6. Sixth, in the event of water, electricity, or road closures, promptly document and assert that these actions are illegal. Legal basis: - Article 43 and 44 of the *Administrative Enforcement Law of the People's Republic of China* (effective January 1, 2012) - Article 27 of the *Regulations on Expropriation and Compensation of Buildings on State-Owned Land* (effective January 21, 2011) - Article 275 of the *Criminal Law of the People's Republic of China* (amended in 2012, effective January 1, 2013) - Provisions on infringement liability in the *Civil Code of the People's Republic of China* (effective January 1, 2021) - Specific applications shall be governed by currently valid laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, it is generally not in accordance with regulations to implement administrative enforcement at night or on statutory holidays. In exceptional cases of emergency, the implementing authority needs to provide evidence. Second, cutting off water, electricity, and roads to force evictions is explicitly prohibited by law. When encountering such situations, people should immediately record and claim their rights. Third, on-site evidence is irreplaceable. Video recordings, police reports, and property inventories directly affect the subsequent compensation results. Fourth, identifying the implementing entity is a prerequisite for accountability, and information disclosure is an important means. Fifth, administrative compensation and civil tort compensation follow different paths, and the choice of compensation path should be based on the nature of the act. Sixth, such cases often involve multiple procedures in administrative, civil, and even criminal law. It is recommended to hire a professional lawyer as soon as possible to coordinate arrangements to avoid the loss of evidence or the selection of the wrong compensation path.

VI. Frequently Asked Questions

Q1: Is it illegal to demolish a house at midnight?

It's usually illegal. According to Article 43 of the Administrative Enforcement Law of the People's Republic of China, administrative authorities are not allowed to carry out administrative enforcement at night or on statutory holidays, except in emergency situations; and the demolition at night when the procedures have not been completed lacks legal validity.

Q2: Can I call the police if I encounter illegal demolition at night?

You should call the police immediately. The police report is an important piece of evidence for identifying the perpetrators, fixing the time of demolition, and recording the situation at the scene. If there are circumstances such as intentional damage to property, the public security organ can deal with it according to law.

Q3: Is it legal to cut off water and electricity to force people to move out?

It's illegal. According to Article 43 of the Administrative Enforcement Law of the People's Republic of China and Article 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land, it is prohibited to force the parties to move by stopping the supply of water, electricity, heating, and gas.

Q4: What responsibilities do demolition units need to assume?

They may bear both administrative responsibility and civil compensation liability. Those who intentionally damage property or cause personal injury may also bear criminal responsibility, which will be determined based on the nature and consequences of their actions.

Q5: How to claim compensation if the house is demolished?

First, fix the evidence of the scene and ownership and identify the implementing entity. If it belongs to the administrative authority's enforcement, apply for state compensation after confirming the violation; if it is unauthorized demolition by others, claim infringement compensation and, if necessary, pursue criminal responsibility.

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 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.