[Direct answer]In the Beijing area, state compensation after forced demolition requires first addressing the prerequisites and then determining the amount. The prerequisite is to confirm that the demolition action is illegal. The right holder can apply for administrative reconsideration or initiate administrative litigation to request that the administrative organ's forced demolition action be deemed illegal. If the illegality of the action is not confirmed, the compensation request is usually difficult to obtain direct support. Regarding the amount, according to Article 4 of the "State Compensation Law of the People's Republic of China" (amended in 2012 and implemented on January 1, 2013), if an administrative organ or its staff members illegally expropriate or requisition property, or illegally seal, detain, freeze, or confiscate property, the victim has the right to obtain compensation; Article 36 stipulates that if property rights are infringed and damage occurs, if the property can be restored to its original state, it shall be restored; if it cannot be restored, compensation shall be paid according to the degree of damage; if the property has been auctioned or sold, the proceeds shall be paid; if the administrative organ revokes licenses and permits or orders a suspension of production or business, compensation shall be paid for the necessary recurring expenses during the suspension period; and if other damages are caused to property rights, compensation shall be given according to the direct losses. In practice, the items that can be claimed typically include the loss of the value of the house, the loss of interior items, the investment in decoration, the costs of relocation and temporary accommodation, and the recurring expenses during the suspension of production and business. Regarding evidence, the party concerned shall provide materials on the ownership of the house, construction and decoration receipts, an inventory list of items, photos and videos, and appraisal materials. If the damage cannot be determined, an appraisal can be requested.Land expropriation and demolition, and administrative litigationYou can view similar questions in this column.

I. Problem Background and Typical Scenarios

When parties consult on the calculation of compensation, they usually face several situations: First, the house has been forcibly demolished, and the demolition process clearly lacks legal procedures. They want to know what losses they can claim. Second, the demolition occurred at night or without prior notice, and the on-site property was destroyed simultaneously, making it difficult to reconstruct the list of losses. Third, the house was partially legal and partially without planning permission, and no distinction was made during the demolition. Fourth, the demolition of a commercial house resulted in operating losses in addition to the value of the house. Fifth, there was a previous effective judgment confirming that the demolition was illegal, but there are disputes over the amount of compensation. When handling such cases in Beijing, the authorities usually first confirm that the demolition was illegal, then organize an appraisal of the house value, and at the same time review the authenticity and relevance of the list of interior items. If there are personal injuries during the demolition process, they can also refer to them simultaneously.Personal injury and medical disputesThe column focuses on sustainable concerns related to the enforcement process.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First, to determine whether the violation of the law is a prerequisite for compensation, it is usually necessary to confirm this first in administrative review or administrative litigation. Second, regarding the determination of the value of the house, can it refer to the prices of surrounding real estate markets, or should it only be calculated based on the replacement cost? Third, for the proof of losses to indoor items, how should the validity of the inventory list, photos, and purchase receipts be assessed? Fourth, compensation for renovations and ancillary facilities requires supporting contracts and invoices. Fifth, the calculation of relocation and temporary accommodation expenses should be limited to actual reasonable expenditures. Sixth, the scope of compensation for losses due to production and business interruptions should be limited to recurring expenses rather than all anticipated profits. Seventh, the boundaries of direct losses should be defined, while indirect losses and foreseeable benefits are generally not included in the scope of compensation. Specific determinations should be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handled by our firm, there are three key aspects in handling cases of forced demolition compensation. Firstly, it is to confirm the illegality of the demolition. The review focuses on whether the enforcement subject is qualified, whether the identification of illegal buildings has factual and legal basis, whether the announcement and time-limited demolition procedures have been carried out, whether the rights to statement and defense and hearing have been guaranteed, whether the time limits for reconsideration and litigation have expired, and whether the demolition is carried out at night or on statutory holidays. According to Articles 43 and 44 of the "Administrative Enforcement Law of the People's Republic of China" (implemented on January 1, 2012), any omission of these requirements may constitute a procedural violation. Secondly, it is to meticulously prove the losses. The value of the house usually needs to be appraised, and the parties can provide transaction cases of similar houses in the same area as reference; the decoration investment needs to have construction contracts and payment receipts; the interior items need to be listed with photos and purchase certificates, and the court may be requested to retrieve the relocation video if necessary; for commercial houses, business licenses, tax records, and regular expenditure certificates such as employee salaries and rents need to be provided. Thirdly, it is to ensure the smooth connection of procedures. Generally, applying for state compensation on the premise of confirming the illegality of the demolition is common, but it is also possible to simultaneously file a claim for compensation when initiating administrative litigation, and the specific path needs to be selected based on the progress of the case. It should be noted that the scope of compensation is based on direct losses, and indirect losses such as expected profits are usually difficult to recover. The parties' expectations of the compensation amount should be based on evidence that can support it.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out the ownership materials, decoration contracts, purchase receipts, and inventory lists of indoor items before demolition, and form a verifiable inventory ledger. Relevant ownership materials can be referred to for reference.Property sales and construction projects1. Firstly, the columnist should provide a clear description of the demolition process, including the time, location, and circumstances of the demolition. 2. Secondly, when the demolition is taking place, the columnist should take photos and videos while ensuring personal safety, promptly report the incident to the police, and request a police report. 3. Thirdly, the columnist should apply for government information disclosure as soon as possible to retrieve law enforcement files, approval materials, and on-site transcripts to identify the responsible party and the nature of the action. 4. Fourthly, the columnist may seek to confirm the illegality of the demolition through administrative review or litigation, and refer to relevant procedures in case of procedural issues.Special services and other cases1. The column; 2. After confirming the violation, promptly apply for state compensation and claim damages such as housing, interior items, renovations, and relocation and resettlement. If necessary, apply for an appraisal; 3. For commercial properties, separately prepare proof of the recurring expenses of suspension of production and business operations. 4. Legal basis: Article 4 and Article 36 of the State Compensation Law of the People's Republic of China (amended in 2012 and implemented on January 1, 2013); Articles 43 and 44 of the Administrative Enforcement Law of the People's Republic of China (implemented on January 1, 2012); and the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases" (implemented on May 1, 2022). 5. Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, confirming that the demolition is illegal is usually a prerequisite for applying for state compensation, and the procedural order should not be reversed. Second, compensation is based on direct losses, and indirect losses such as anticipated profits are generally not covered by compensation. Third, evidence is the basis for determining the amount of compensation, and on-site video footage, property lists, and receipts are indispensable. Fourth, the valuation of the house directly affects the outcome of the compensation, and transaction cases of similar houses in the same area can be used as a reference. Fifth, for commercial properties, it is important to retain receipts for recurring expenses such as rent, salaries, and utilities. Sixth, compensation for forced demolition involves multiple administrative and compensation procedures. It is recommended to hire a professional lawyer as soon as possible to coordinate the progress and avoid reducing the compensation due to loss of evidence or improper claims.

VI. Frequently Asked Questions

Q1: What needs to be done first after a forced demolition to claim compensation?

Generally, first, one can request through administrative reconsideration or administrative litigation to confirm that the administrative organ's act of forced demolition is illegal. After confirming the illegality, one can then apply for state compensation in accordance with the "State Compensation Law of the People's Republic of China".

Q2: What items are included in state compensation?

It usually includes the loss of the value of the house, the loss of indoor items, the investment in decoration, the cost of relocation and temporary accommodation, and for commercial properties, it is also possible to claim the necessary regular expenses during the period of suspension of business, subject to the limit of direct losses.

Q3: What is the standard for calculating the value of a house?

Generally, it needs to be determined through an assessment. The party concerned may provide market transaction cases of similar houses in the same area as a reference. If the house can be restored to its original state, the party may request to restore it to its original state. If the house cannot be restored to its original state, the party shall pay the corresponding compensation.

Q4: How to prove the loss of indoor items?

A list of items should be provided, along with photos, purchase invoices or transfer records. If necessary, apply to retrieve the relocation video or request an evaluation. It may be difficult to obtain full compensation for parts of the loss that cannot be verified.

Q5: Can the operating losses be fully compensated?

Generally, this is not allowed. According to Article 36 of the State Compensation Law of the People's Republic of China, if a license or permit is revoked or a production or business operation is ordered to be suspended, the necessary regular expenses during the suspension period shall be compensated, but the anticipated profits are generally not within the scope of compensation.

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

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 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.