[Direct answer]First, fix the evidence, then confirm the violation, and finally discuss compensation. Reversing the order will reduce the negotiation space. If the expropriator organizes demolition without reaching a compensation agreement or making a compensation decision, it constitutes a procedural violation. The expropriated person may request to confirm the violation and claim compensation. According to Article 27 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011), the implementation of house expropriation shall proceed with compensation first and then relocation. Article 28 stipulates that if the expropriated person neither appeals, sues, nor relocates, the municipal or county-level people's governments may apply to the people's courts for enforcement. It is unlawful for administrative authorities to organize demolition on their own. The statute of limitations for suing is generally six months, which is calculated from the day of demolition. Delaying will make it more difficult to obtain evidence and file a lawsuit.

1. Problem background and typical scenarios

The shantytown renovation project is in the late stage of signing contracts, and uncontracted households often bear the most direct pressure. Common situations include: first, sudden demolition at night or in the early morning, leaving only machinery and fences on site, with no unit admitting to organizing the demolition afterwards; second, "soft measures" such as cutting off water, electricity, and roads, and piling up earth fences to force people to move out on their own; third, entering the site under the guise of "helping with demolition", "assisting with demolition", and "environmental improvement" to bypass the acquisition process; fourth, issuing demolition deadlines first and then converting the acquisition compensation into demolition penalties; fifth, only demolishing part of the building, leaving the main structure unusable; sixth, removing furniture, goods, and operating equipment from the house without making an inventory record; seventh, requiring leased enterprises to vacate within a limited time, with both the lessor and the lessee shifting the blame to each other. Among these situations, the most easily overlooked point for the acquirers is: who made the decision, who organized the personnel, and who paid the fees. These three factors directly determine who the defendant is. Most shantytown renovation projects in Beijing are led by district governments, implemented by street offices, and carried out by demolition service units on site. The subject level is complex, and it is necessary to clarify it before suing. You can refer to it first.Land expropriation and demolition, and administrative litigation\nSort out the program nodes.

II. Key points of contention

First, how to determine the defendant. The administrative organ that makes the demolition decision or organizes the implementation shall be the defendant; if the street office implements it in its own name, it has the qualification to be the defendant; if the administrative organ entrusts a demolition company to operate, the entrusting organ shall be the defendant, and the entrusted company shall not substitute for it by actually carrying out the demolition. Second, how to define the nature of the act. Whether it belongs to administrative coercion, civil infringement, or suspected intentional destruction of property directly determines whether to initiate administrative litigation, civil litigation, or criminal charges. The three can proceed concurrently, but they cannot substitute for each other. Third, whether the procedure is legal. Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011) establishes compensation before relocation, and Article 28 limits the entry point of forced execution to court rulings; if any of the links such as compensation decision, notice, announcement, or court ruling is missing, the demolition action will be difficult to establish. Fourth, the time limit for filing a lawsuit. According to Article 46 of the "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017 and implemented on July 1, 2017), the general time limit is six months, starting from the date when the plaintiff knows or should have known about the administrative act; if the lawsuit is filed due to real estate, and it exceeds 20 years from the date of the administrative act, or exceeds 5 years for other cases, the court will not accept it. Fifth, the burden of proof. According to Article 34 of the same law, the defendant bears the burden of proof for the legality of the administrative act and needs to submit the basis for demolition, approval documents, and on-site records. If it is unable to submit these documents, it shall bear the adverse consequences. Sixth, the scope of losses. The value of the house, the items in the house, the relocation and transition costs, and the operating losses shall be calculated separately, and a general total claim cannot be made.

III. Professional analysis by Hengluo Law Firm

The outcome of a forced demolition case is often decided on the day of the demolition. Whether there are video recordings at the scene, whether the police were called, whether there were third-party witnesses present, and whether the items in the house were inventoried determine the extent of the subsequent claims. When handling such cases, Henglu Law Firm first does three things: retrieves the project approval and expropriation approval documents to confirm whether the demolition falls within the scope of expropriation; applies to the public security organ for a case acceptance receipt and police response records to fix the time, location, and personnel; and applies for government information disclosure to obtain the demolition decision, the notice of default, and the enforcement basis. After obtaining all three materials, the firm then decides whether to file a lawsuit to confirm the illegality or to send a letter for negotiation first. Although this case ended with a negotiated settlement, it still illustrates a principle: after the land is actually occupied, the rights do not automatically disappear. What's difficult is to prove both the "fact of occupation" and the "ownership of rights" at the same time.

In a land expropriation and compensation case handled by our firm, the client, Liu * (who is a villager in a certain village), legally owned the right to use land in the village and also enjoyed the rights of a member of the collective economic organization. His neighbor, who had no fixed residence, agreed to transfer half of Liu's land to him after consultation with the village committee, and the village committee issued a transfer certificate. In 2025, the land parcel was included in the expropriation scope, and the neighbor who received the land successfully received the compensation. However, when Liu claimed compensation from the expropriation department, he was directly rejected because he did not have a land use certificate. At that time, the project had already started, and the land in question was actually occupied. Liu could neither continue to use the land nor receive any compensation, leaving him in a difficult situation. After repeated negotiations failed, Liu entrusted a lawyer to initiate legal proceedings. With multiple channels advancing simultaneously, the expropriation department's attitude changed, and they agreed to engage in substantive negotiations on compensation. The lawyer participated throughout the process and reviewed each item carefully. Liu and the district expropriation office eventually reached an agreement on the compensation amount and payment method, and officially signed an expropriation compensation agreement, stipulating that the district expropriation office would pay 309,000 yuan in compensation. Currently, the full amount of the compensation has been fully received, and Liu's legitimate rights and interests have been effectively protected. This case was handled by Attorney He Ningning of Beijing Henglu Law Firm (practice certificate number: 11101202511925103, issued by the judicial administrative authority).

In this case, Liu * did not have a land use right certificate, and if he had claimed his rights according to conventional methods, he would have been stymied at the first step. The lawyer's approach was to supplement the ownership certificate with three materials: the transfer certificate from the village committee, the fact of long-term actual use, and the identity of a member of the collective economic organization. At the same time, he fixed the established fact that the project had actually occupied the land, forming a complete structure of "rights exist, but cannot be used and have not been compensated". After that, whether through negotiation or litigation, it would be difficult for the acquisition party to simply dismiss the claim with the phrase "you are not the rightful owner". The same principle applies to parties who have been forcibly demolished in shantytown renovations: whether the demolition is illegal or not depends on procedural documents; and the amount of losses depends on on-site evidence.

IV. Practical suggestions and legal basis

The main legal bases include: Articles 27 and 28 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011); Articles 34 and 46 of the "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017 and implemented on July 1, 2017); Article 48 of the "Land Administration Law of the People's Republic of China" (amended on August 26, 2019 and implemented on January 1, 2020); the provisions on compensation for houses on collective land and forced execution in the "Implementation Regulations of the Land Administration Law of the People's Republic of China" (implemented on September 1, 2021); the provisions on the 60-day application period in the "Administrative Review Law of the People's Republic of China" (implemented on January 1, 2024); and Article 36 of the "State Compensation Law of the People's Republic of China" on compensation for direct losses.

The specific steps can be divided into five parts: First, report the demolition to the police on the same day or the next day, and request a receipt for the case acceptance. If the public security organ refuses to file a case, you can apply to the procuratorial organ for supervision; Second, take photos of the scene. The video should be marked with a time stamp. If necessary, apply for notarization or ask neighbors to provide written testimonies; Third, count the items and make a list, take photos of each item, keep the purchase receipts, and separately record the models and conditions of large items that cannot be removed; Fourth, retrieve documents such as the expropriation decision, compensation plan, demolition notice, and service receipt to confirm the missing procedures; Fifth, calculate the remaining time according to the two deadlines of 60 days for reconsideration and 6 months for litigation, and start with the one that expires first. Disputes over forced demolition and compensation are often intertwined. It is advisable to proceed with the procedures simultaneously, and the specific connection can be referred to for reference.Land expropriation and demolition, and administrative litigation.

5. Henglu Law Firm's Advice

After the forced demolition, the two most dangerous thoughts are: one is "the house is gone, and there's no point in suing"; the other is "let's make a big fuss first". The former means giving up the six-month statute of limitations, while the latter may cause the clear illegal points to be obscured by on-site conflicts. A more secure approach is to report to the police on the same day, collect evidence on the same day, complete the list of materials within three days, and determine the procedural direction within one month. If the acquisition party voluntarily proposes to negotiate, there's no need to refuse, but it should be done with the participation of a lawyer. The compensation items, payment amounts, payment deadlines, and breach of contract responsibilities should be written into a written agreement to avoid the situation of unfulfilled oral promises again. At the same time, keep good records of the living and operating conditions before the eviction, such as water and electricity bills, express delivery records, and children's school enrollment materials, which may all become materials to prove actual use and losses in the future.

VI. Frequently Asked Questions

Q1: Should I call the police first or file a lawsuit first after my house is demolished?

First, call the police, but the purpose of calling the police is to collect evidence, not to wait for the case to be solved. On the day of or the day after the demolition, call 110 and request the public security organ to arrive at the scene and issue a case acceptance receipt and a police report, stating the time, location, persons present, and the model of the machinery. If the public security organ refuses to handle the case on the grounds of "government action", you can apply to the superior organ or the procuratorial organ for supervision. These materials are crucial in proving the time of demolition and the implementing subject in subsequent administrative litigation. To file a lawsuit, you must do so within six months from the date you knew or should have known about the demolition act, in accordance with Article 46 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017). You can proceed with both actions simultaneously, without waiting for the conclusion of the police investigation before filing a lawsuit, otherwise you may miss the deadline.

Q2: Can the houses be demolished directly without signing an agreement for the shantytown renovation project?

No. According to Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011), the implementation of house acquisition shall proceed in the order of compensation first and relocation afterwards. No unit may use violence, threats, or illegal methods such as interrupting water, heating, gas, and electricity supplies or blocking road traffic to force relocation. Article 28 stipulates that if the person subject to the acquisition does not apply for administrative reconsideration or initiate administrative litigation within the statutory time limit, and fails to relocate within the time limit specified in the compensation decision, the municipal or county-level people's governments that made the house acquisition decision may apply to the people's courts for compulsory enforcement according to law. In other words, non-signing of the contract is not a reason for demolition. Without a compensation decision and a court ruling, it is illegal for administrative authorities to organize demolition on their own. The person subject to the acquisition may request confirmation of the illegality and claim compensation.

Q3: How is the statute of limitations for suing against illegal forced demolition calculated?

Generally, six months from the date when the party concerned knows or should have known about the demolition action, this is the rule established in Article 46 of the Administrative Procedure Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017). On the day of demolition, the party concerned is usually present at the scene, and the court often takes this as the starting point; if the party concerned is not present and only finds out about it afterwards, they need to submit evidence to prove the time when they became aware of it, such as returning home and finding out about it, being informed by neighbors, or the date of receiving the reply to their petition. The law also sets a maximum protection period: if a lawsuit is filed due to real estate, the court will not accept it if it exceeds twenty years from the date of the administrative act; for other cases, it exceeds five years. In addition, if the party concerned applies for administrative reconsideration first, the reconsideration period will not be included in the litigation time limit, but the application for reconsideration itself must be submitted within 60 days, and the two time limits cannot be mixed together.

Q4: How detailed should the list of items lost in the house be?

It should be written in a way that allows for appraisal: including the name, brand model, quantity, purchase time, purchase price, current condition. Attach receipts if available, and photos if possible. List large appliances and production equipment separately and indicate their storage locations. The inventory should be prepared as soon as possible after the demolition and signed by two or more witnesses. If necessary, apply for notarization. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases" (effective May 1, 2022), if the plaintiff is unable to provide evidence of the damage due to the administrative organ's reasons, the administrative organ shall bear the burden of proof; if the administrative organ fails to prepare an inventory record of the items or fails to properly keep the property, the court may determine the actual loss based on the plaintiff's claims and the evidence in the case. The more specific the inventory is, the closer the determination of the actual loss will be to the actual loss.

Q5: When it comes to demolishing the main structure, which unit should the street office notify?

The defendant shall be the organ that made the demolition decision or organized the implementation. If the street office carries out the demolition in its own name, it has the qualification to be a defendant in administrative litigation and can be directly listed as a defendant; if the district government organizes the demolition and the street office specifically executes it, it is appropriate to list the district government as a defendant, or to list it as a co-defendant according to the joint implementation. If the administrative organ entrusts a demolition service company to carry out on-site operations, in accordance with Article 26 of the "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017 and implemented on July 1, 2017), the entrusted administrative organ shall be the defendant, and the entrusted company shall not substitute for it by actually carrying out the demolition. If it is difficult to determine the implementing subject when filing a lawsuit, the plaintiff may first apply for government information disclosure to retrieve the demolition notice and implementation plan, or apply to the court to add the defendant after filing a lawsuit, without having to give up filing a lawsuit due to the unclear subject.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney He Ningning·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.