[Direct answer]There's no need for that. Confirming that the forced demolition is illegal is not a prerequisite for applying for state compensation. According to Article 9 of the State Compensation Law of the People's Republic of China, the compensation claimant shall first submit the compensation request to the compensation obligee, or may also submit it simultaneously when applying for administrative reconsideration or initiating administrative litigation. In other words, you can either apply for compensation from the compensation obligee first, or request compensation simultaneously when suing for the illegal forced demolition, and the court will handle the compensation together after confirming the illegality. In practice, "submitting the request simultaneously" is often more efficient, which can avoid procedural delays. It is recommended to choose the path based on the evidence and pay attention to the statutory time limits of each procedure. For more details, please refer to the following link:Land expropriation and demolition services, and administrative litigation services.

I. Problem Background and Typical Scenarios

After the forced demolition of their property, the parties often get stuck at the step of "whether to first win the lawsuit to confirm the illegality of the demolition". Typical scenarios include: the house being forcibly demolished in the middle of the night, and when they want to claim compensation, they are told to "first confirm the illegality of the demolition"; they worry that going through separate procedures will be time-consuming and labor-intensive, and the procedures will be disjointed; they have already sued for the illegal demolition, but they don't know if they can directly claim compensation in the same lawsuit; and the compensation-obligated agencies are passing the buck, and they don't know who to apply to. The root cause of such problems is the confusion between the relationship between "confirming the illegality" and "applying for compensation". For cases involving the intertwining of property ownership and compensation, the parties can combine the two aspects to solve the problem.Real estate sales and construction project servicesWe will evaluate it together.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, whether it should be preceded by: the law does not stipulate the mandatory sequence of "first confirming the violation and then applying for compensation". Compensation can be carried out concurrently or sequentially with the confirmation of the violation. Secondly, the choice of path: whether to apply separately to the compensation obligation organ or to claim compensation simultaneously in the lawsuit against the forced demolition, each has its advantages and disadvantages. Thirdly, the qualified defendant and the organ: who carried out the forced demolition and who entrusted it to determine the compensation obligation organ and the defendant in the lawsuit. According to Article 26 Paragraph 5 of the "Administrative Litigation Law of the People's Republic of China", the administrative acts made by the organizations entrusted by the administrative organs shall be deemed to be made by the entrusting administrative organs. Combined with the general experience of handling similar administrative cases in Beijing, the court's review of the responsibility attribution of the entrusted institutions for forced demolition is relatively clear, which is conducive to identifying the subject of compensation. For cases involving the connection between enforcement and compensation, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on the practical experience of handling administrative enforcement cases of land expropriation and demolition in our firm, the most common problems in the selection of compensation paths are "misjudging the order" and "misidentifying the subject". Many parties are intimidated by the statement of "confirming the illegality first", missing the opportunity to claim compensation simultaneously; and some parties sue the wrong implementing units, resulting in the lawsuit being dismissed for the defendant being unqualified. Henglu Law Firm usually clarifies the following first: which organ commissioned or implemented the forced demolition, whether it guarantees the principle of "compensation first, relocation later" and the right to appeal for review; and whether it has the right to enforce by force (according to Article 13 of the "Administrative Enforcement Law of the People's Republic of China", administrative organs without legal provisions for enforcement rights shall apply to the people's court for enforcement). When it can be resolved simultaneously, we prioritize attaching compensation requests to the forced demolition lawsuit, handling the determination of illegality and compensation for losses in the same case; when it is not appropriate to handle them in the same case or the organ is clear, we first apply to the compensation obligation organ. This path design can reduce procedural delays and improve the efficiency of compensation. For cases involving the division of responsibilities among multiple subjects, we can combine withBusiness and contract dispute resolution services for enterprisesClarify the relationship.

IV. Practical suggestions and legal basis

The core legal basis includes: Article 9 of the State Compensation Law of the People's Republic of China (implemented on January 1, 1995 and amended on October 26, 2012), which stipulates that compensation claims can be submitted to the obligated compensation authorities in advance, or simultaneously during the review and litigation process; Article 4 and Article 7 (determination of the obligated compensation authorities); Article 26 Paragraph 5 of the Administrative Litigation Law of the People's Republic of China (amended on July 1, 2017), which stipulates that the entrusted administrative authorities shall be the defendants; Article 46 (six-month statute of limitations for filing a lawsuit); Article 13 of the Administrative Enforcement Law of the People's Republic of China (implemented on January 1, 2012), which stipulates that enforcement must be provided by law. Practical suggestions: Immediately fix evidence of illegal on-site procedures and procedures after forced demolition; List compensation requests when suing for illegal forced demolition, or apply to the obligated compensation authorities within the statutory time limit; Accurately identify the entrusted authorities and the implementing entities; Provide evidence of losses of legal property in the house simultaneously. For complex ownership issues, relevant evidence may be combined with other materials.Inheritance succession and family property division services.

5. Henglu Law Firm's Reminder

"You must first confirm the illegality before seeking compensation" is a common misconception. The law allows compensation to be sought either concurrently or sequentially with the confirmation of illegality, so there's no need to be constrained by this viewpoint. It is recommended to claim compensation together with other claims in the same case, which not only saves time but also facilitates the court's unified determination of the facts; if the compensation obligation authority is clear and wishes to negotiate first, you can also apply separately. Never hesitate over the choice of procedure and miss the time limit for filing a lawsuit or applying for compensation. For other special disputes, you can refer to the relevant provisions.Special services and other case services.

VI. Frequently Asked Questions

Q1: If I don't first confirm that the forced demolition is illegal, can I directly apply for state compensation?

Yes. The State Compensation Law does not stipulate that confirming the illegality of the act is a prerequisite for compensation. You can first file a compensation application with the compensation-liable authority, or you can also submit a compensation request when applying for administrative reconsideration or initiating administrative litigation (such as suing for illegal demolition). In practice, if you claim compensation together with the lawsuit against illegal demolition, the court can handle the compensation directly after confirming the illegality, which is more efficient than first winning a lawsuit and then initiating another one.

Q2: To apply for state compensation for forced demolition, what evidence do I need to prepare?

The core evidence includes: materials proving the existence of forced demolition (site photos, videos, and police reports); evidence proving the illegality of the forced demolition process (lack of public notice, failure to guarantee the review and litigation period, and lack of enforcement rights, etc.); proof of ownership and value of the house and legal property inside it; a list of losses and purchase receipts; and materials demonstrating the entrustment and implementation relationship between the liable compensation authorities and qualified defendants. The materials should be organized around the "illegal acts, damage results, and causal relationships", and it is more advantageous to fix them as early as possible.

Q3: How much does it usually cost to hire a lawyer to handle the compensation for forced demolition?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or as a percentage of the litigation amount, with the specific fees determined by the contract of engagement. There is no nationwide standard pricing. If you only claim compensation in the forced demolition lawsuit, the fees will be relatively manageable; if you apply for compensation separately and involve loss assessment and enforcement, the workload will increase. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether it includes litigation fees, appraisal fees, and other third-party costs, and then weigh the investment against the potential compensation amount.

Q4: How long does it usually take from forced demolition to receiving state compensation?

The compensation can be handled together with the litigation against forced demolition: the first-instance administrative litigation shall be concluded within six months under the ordinary procedure and within three months under the summary procedure, and the compensation part shall be adjudicated together after the illegal act is confirmed. If the applicant applies to the compensation obligation organ separately first, the organ shall make a decision within the statutory time limit. If the applicant is not satisfied with the decision, he/she may file for reconsideration or litigation. Overall, it often takes several months from forced demolition to obtaining compensation. The key lies in fixing evidence and accurately identifying the compensation subject in a timely manner before and after the forced demolition. Delays will reduce the possibility of providing evidence and obtaining compensation.

Q5: I want to claim compensation for my house being forcibly demolished. What should I do first?

It is recommended to proceed in four steps: First, immediately fix the scene images, alarm records, and evidence of procedural violations before and after the forced demolition; Second, clarify who commissioned or carried out the forced demolition, and identify the compensation obligation organ and the qualified defendant; Third, file a lawsuit against the illegal forced demolition and simultaneously file a claim for compensation, or apply for compensation from the compensation obligation organ first; Fourth, provide evidence of the loss of legal property in the house and apply for an appraisal if necessary. Keep all the relevant documents throughout the process, and consult a lawyer as soon as possible to design the optimal path of "confirming the illegality + seeking compensation".

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments 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 limit.Land expropriation and demolition legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current 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 a dispute arises, please consult a practicing lawyer in a timely manner.