[Direct answer]After the forced demolition of a house, the core path to safeguard rights is to first confirm that the forced demolition is illegal, and then claim administrative compensation. According to Article 46 of the "Administrative Procedure Law of the People's Republic of China" (amended and implemented on July 1, 2017), the time limit for direct litigation is six months from the date when the party knows or should have known about the administrative act; according to Article 39 of the "State Compensation Law of the People's Republic of China" (amended and implemented on January 1, 2013), the statute of limitations for requesting state compensation is two years, calculated from the date when the administrative act is legally confirmed as illegal. Article 44 of the "Administrative Enforcement Law of the People's Republic of China" (implemented on January 1, 2012) clearly stipulates that where illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative authority shall issue a public notice and require the party to demolish them within a specified time limit; if the party does not apply for administrative reconsideration or initiate administrative litigation within the legal time limit and fails to demolish the structures, the administrative authority may forcibly demolish them in accordance with the law. This means that "failure to issue a public notice and give a warning" and "failure to inventory the property" themselves constitute independent grounds for procedural violations. The first thing to do after the forced demolition of a house is to fix the evidence: immediately call the police to obtain a case acceptance receipt, take photos and videos of the original state of the house and the demolition site, make a list of the items in the house and keep the purchase receipts. It is important not to miss the six-month litigation time limit and the two-year compensation statute of limitations. It is recommended to engage a professional lawyer as soon as possible.

I. Legal basis and interpretation of provisions

1. Article 46 of the Administrative Litigation Law of the People's Republic of China (amended and implemented on July 1, 2017) and Article 64 of the Interpretation of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China (implemented on February 8, 2018)

Article 46 of the Administrative Litigation Law stipulates that if a citizen, legal person or other organization directly files a lawsuit with the people's court, the lawsuit shall be filed within six months from the date when the party knows or should have known about the administrative act; if the case is a lawsuit initiated due to real estate, the people's court shall not accept it if the case is initiated more than 20 years after the date of the administrative act, and for other cases, if the case is initiated more than five years after the date of the administrative act. This article establishes the time limit for filing a lawsuit, rather than the statute of limitations, and it is a matter that the court reviews ex officio. If the time limit is exceeded without a valid reason, the court will directly rule that the case cannot be registered or the lawsuit will be dismissed, and the statute of limitations will not be interrupted by the party's assertion of rights. Article 64 of the aforementioned judicial interpretation stipulates that if the administrative organ fails to inform the party of the time limit for filing a lawsuit when taking the administrative act, the time limit for filing a lawsuit shall be calculated from the date when the party knows or should have known about the time limit for filing a lawsuit, but the maximum period from the date when the party knows the content of the administrative act shall not exceed one year. The starting point of the demolition case is usually the date when the demolition occurs, and the six-month time limit is the real window for taking action.

2. Articles 4, 36, and 39 of the State Compensation Law of the People's Republic of China (amended and implemented on January 1, 2013)

Beijing Henglu Law Firm has long handled cases involving land expropriation and demolition as well as administrative litigation. In practice, we have observed a highly consistent pattern: the outcome of forced demolition cases is often decided halfway on the day of demolition. Whether the police are called to the demolition site and receive a receipt, whether the original state of the house is documented through photos, and whether the property inside the house is inventoried and catalogued directly determine the scope for subsequent proof of illegal actions and compensation claims. The first thing Henglu Law Firm usually does after accepting a case is to accompany or guide the client to fix evidence. Immediately afterwards, we apply for government information disclosure to retrieve documents such as the land expropriation approval, the expropriation scope map (red line map), the compensation and resettlement plan, and the social stability risk assessment, in order to determine whether the house involved in the case is indeed located within the approved expropriation scope.

In terms of litigation strategy, Henglu Law Firm generally proceeds in the order of "first confirming the illegality, then claiming compensation, and simultaneously promoting negotiations through litigation". The lawsuit to confirm the illegality determines the nature of the act, which is a statutory prerequisite for compensation; the lawsuit for compensation determines the amount, usually claiming the effective real estate market evaluation price at the time of forced demolition as the benchmark, and simultaneously claiming the losses of items in the house, relocation transition costs, and interest on the occupied funds. At the same time, most cases will return to the negotiation track under litigation pressure, and reaching a compensation and resettlement agreement at an appropriate juncture is often more conducive to realizing the interests of the parties than simply pursuing a judgment document. The pitfalls that parties are most likely to fall into are concentrated in three areas: first, waiting for "internal coordination" and missing the six-month litigation deadline; second, clashing with law enforcement officers at the demolition site, which may not only affect personal safety but also be detrimental to subsequent evidence collection; third, trusting verbal promises and voluntarily handing over the house keys or signing blank agreements. For further information, please refer to our firm's website.Land expropriation and demolition special topic.

III. Frequently Asked Questions

Q1: After the house is forcibly demolished, what procedures should be followed to protect one's rights?

The standard process consists of three steps. Firstly, fix the evidence and apply for government information disclosure, retrieving documents such as the land expropriation approval, the expropriation scope map, and the compensation and resettlement plan to determine whether the forced demolition has legal authority and follows legal procedures. Secondly, file an administrative lawsuit within the statutory time limit to request confirmation that the forced demolition is illegal. According to Article 46 of the Administrative Litigation Law of the People's Republic of China (amended and implemented on July 1, 2017), the deadline for direct litigation is six months from the date when the plaintiff knows or should have known about the administrative act. Thirdly, after the forced demolition is confirmed to be illegal, apply for state compensation to the compensation obligor in accordance with the State Compensation Law of the People's Republic of China (amended and implemented on January 1, 2013). If the authority fails to respond within the time limit or disputes the amount of compensation, the plaintiff may file an administrative compensation lawsuit within three months from the expiration of the time limit.

Q2: What are the statutes of limitations for suing and for claiming compensation, respectively? Can you still take remedial measures if you've missed them?

The two are different systems. According to Article 46 of the Administrative Procedure Law of the People's Republic of China (amended and implemented on July 1, 2017), the time limit for direct litigation is six months, starting from the date when the plaintiff knows or should have known about the administrative act; if the administrative organ fails to inform the plaintiff of the time limit for litigation, the time limit for litigation may be calculated from the date when the plaintiff knows about the time limit for litigation, but the maximum period shall not exceed one year from the date when the plaintiff knows about the content of the administrative act. According to Article 39 of the State Compensation Law of the People's Republic of China (amended and implemented on January 1, 2013), the statute of limitations for requesting state compensation is two years, starting from the date when the administrative act is confirmed to be illegal according to law. The time limit for litigation is a matter that the court reviews ex officio, and it will not be interrupted by petitioning or negotiation. It is necessary to initiate the litigation as soon as possible. For the relevant compensation standards, please refer to our firm.Land expropriation and demolition special topicPractical articles on...

Q3: Is it legal to demolish unlicensed rural houses that have been identified as illegal buildings?

It cannot be generalized. It is very common for rural houses to not go through planning approval procedures due to historical reasons. When identifying illegal buildings, administrative authorities should conduct investigations and verifications to ascertain the construction time, historical background, and whether they have existed and been used for a long time. Simply identifying them as illegal buildings based on the lack of certificates often results in unclear facts. According to Article 44 of the Administrative Enforcement Law of the People's Republic of China (effective January 1, 2012), if illegal buildings, structures, or facilities need to be forcibly demolished, the administrative authorities shall issue a public notice and set a deadline for the parties to demolish them on their own. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the legal time limit and still fail to demolish them, the administrative authorities may then forcibly demolish them according to law. If there is no public notice, deadline for demolition, or notification procedure, the demolition itself constitutes a procedural violation.

Q4: What is the standard for calculating compensation for forced demolition? Can we request compensation based on the market price?

The core evidence can be divided into four categories. First, evidence of the subject and ownership: ID cards, household registration books, approval forms for residential plots, construction approval materials, photos of the house, payment receipts for utilities, and proof of residence. Second, evidence of forced demolition: photos and videos of the demolition site, police reports and case acceptance notifications, various announcements and decisions posted or delivered by administrative authorities. Third, evidence of property losses: a list of items in the house, purchase invoices and receipts, photos of valuable items, and notarization records. Fourth, procedural evidence: land expropriation approvals, expropriation scope maps, and compensation and resettlement plans obtained through government information disclosure. If you need to evaluate the feasible path for your own case, you can do so throughBeijing Henglu Law FirmContact the official website.

Q5: What evidence materials do I need to prepare? How should I secure the evidence at the scene?

You need to prepare the main body and ownership evidence, such as the approval form for residential land and the residence certificate; evidence of forced demolition, such as on-site images and the receipt of the police report; evidence of property losses, such as an inventory of items and purchase receipts; and the land expropriation approval and expropriation scope map obtained through information disclosure. When collecting evidence at the scene, you must pay attention to personal safety, avoid conflicts, and call the police in time.

IV. Suggestions for Protecting Rights

  • On the day of the demolition, call the police immediately and request a case acceptance receipt. At the same time, take photos and videos of the original state of the house and the demolition site from multiple angles to preserve the original documents. Do not entrust others to keep them for you.
  • After the demolition, apply for government information disclosure to departments such as natural resources and housing and urban-rural development as soon as possible, retrieve the land expropriation approval, the expropriation scope map, and the compensation and resettlement plan, and verify the authority and procedural basis for the forced demolition.
  • Calculate and record the six-month statute of limitations for prosecution and the two-year statute of limitations for compensation strictly. Do not delay on the grounds of waiting for negotiation, and the statute of limitations for prosecution will not be interrupted by negotiation or petitioning.
  • Make an inventory of all the items in the demolished house and keep the purchase receipts. If necessary, apply for notarization to reserve sufficient evidence for claiming compensation for the loss of the items in the future.
  • Maintain restraint, avoid on-site conflicts, and advance through multiple channels such as review, litigation, and negotiation. Strive for a reasonable compensation and resettlement plan under the pressure of litigation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Land expropriation and demolition | Administrative litigation legal services·Beijing Henglu Law Firm

For further reading: To determine the validity of the expropriation compensation agreement, the standards for identifying illegal buildings, and the standards for administrative compensation, you can refer to our firm's further research on these topics.Land expropriation and demolition special topicRelated practical articles on this topic.