[Direct answer]The amount of compensation for illegal forced demolition shall be calculated in accordance with the "State Compensation Law" and limited to "direct losses", covering the value of the demolished house, the damage to indoor items, the relocation expenses, and the losses of legitimate suspension of production and business operations, etc. The value of the house is generally referred to the similar real estate market prices in the surrounding area at the time of the expropriation or determined by a commissioned appraisal; after the infringed party provides initial evidence, the burden of proof may be transferred to the administrative organ. If the forced demolition procedure is illegal (such as failure to compensate first or failure to apply for court enforcement), the compensation shall not be less than the compensation that the expropriated person should receive according to the expropriation. It is recommended to preserve the images of the forced demolition and the property list and sue as soon as possible. For more details, please refer to the following link:Personal injury legal services、Land expropriation and demolition legal services.

I. Legal basis and interpretation of provisions

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

The provision stipulates that if an administrative organ and its staff members commit illegal acts such as illegal expropriation or requisition of property, or other illegal acts causing property damage when exercising administrative powers, the victims have the right to obtain compensation. Illegal forced demolition falls into this category. It is the direct basis for the parties to claim administrative compensation, and the organ with the obligation to compensate should be the administrative organ that organized and implemented the forced demolition.

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

The article clearly stipulates the compensation methods for infringements of property rights: the property shall be returned; 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 is lost, corresponding compensation shall be paid; and for other damages to property rights, compensation shall be provided for direct losses. Accordingly, the compensation for forced demolition is capped at "direct losses", which does not include expected benefits, but should include actual expenses and losses such as housing, items, and relocation.

3. Article 27 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (implemented on January 21, 2011)

The article requires that the implementation of housing expropriation shall be carried out with compensation first and relocation afterwards; prohibits construction units from participating in relocation activities, and shall not use illegal methods such as violence, threats, or violating regulations to cut off water, heating, gas, electricity, and road access to force relocation. The forced demolition carried out in violation of this article is a procedural violation and is a key point for claiming compensation and confirming the illegality of the act.

II. Practical Experience of Henglue Law Firm

Based on the practical observations of Beijing Henglue Law Firm in handling administrative compensation cases, the compensation disputes over illegal forced demolitions often focus on three points: First, how to determine the value of the house. Administrative authorities often use "illegal construction" and "lack of certificates" to lower the compensation, but the compensation for illegal demolitions should not be lower than the compensation for legal expropriation. Second, it's difficult to provide evidence for the loss of indoor items. The infringed party often only has a list but no images. The court will determine the compensation based on common sense in daily life. Third, whether the losses of production and business suspension and temporary resettlement fees are supported depends on the use of the house and the proof of legal operation. The most common pitfall for parties is not calling the police, not recording videos, or not making a property list during the forced demolition, and then making unfounded claims afterwards. For more details of related services, please refer to the following link:Land expropriation and demolition legal services、Personal injury legal services.

Evidence and strategies for calculating compensation:The value of the house can be claimed by referring to the prices in the similar real estate market, or by applying for an appraisal. For the decorations and ancillary items that existed before the forced demolition, the claimant should submit photos and receipts as evidence. For the loss of indoor items, the principle of "initial burden of proof and shifting of the burden of proof" applies: after the infringed party lists the item names, quantities, and prices and explains their reasonableness, if the administrative organ claims that there was no damage, it must provide evidence to support this claim. In practice, the court will also review whether the forced demolition procedures were legal (whether compensation was provided first, and whether the court was applied for enforcement). The more illegal the procedures are, the closer the compensation will be to "not less than the compensation benefits". The value of professional lawyers lies in breaking down the compensation claims into items that can be proven and fixing the evidence, so as to avoid having the general claims reduced. For related consultations, you can also refer to the relevant materials.Specialised legal services(This paragraph is a summary of practical experience and does not cite specific case details or amounts.)

III. Frequently Asked Questions

Q1: Is the compensation for forced demolition the same as that for land expropriation?

It does not necessarily have to be the same, but it cannot be lower. If the forced demolition is confirmed to be illegal, the compensation shall be limited to the direct losses, but relevant judicial policies clearly stipulate that the compensation should not be lower than the compensation benefits that the expropriated person should receive according to the legal expropriation, so as to reflect the punishment for illegal administrative acts. The specific amount shall be determined based on the value of the house, the loss of items, and the losses of relocation and production suspension, rather than simply discounting the compensation standard.

Q2: If a house is a violation of building regulations and is forcibly demolished, can I still claim compensation?

The claimant may file a lawsuit against the illegal part and the indoor items. Generally, compensation will not be granted for the parts that are indeed illegal buildings, but if the illegal demolition procedure causes damage to legal property (such as indoor belongings and legal auxiliary facilities), compensation should still be paid. Moreover, if the procedure of identifying the "illegal construction" itself is illegal, the overall compensation request may also be supported. It is necessary to review whether the subject and the procedure are legal in light of the specific case.

Q3: How to provide evidence if indoor items are damaged?

First, list the product name, quantity, and purchase price and explain their reasonableness. This is the initial evidence; after that, the burden of proof shifts to the administrative authority, which must provide evidence if it claims that the goods were not damaged. Taking photos and videos before the forced demolition, keeping the purchase receipts, calling the police during the forced demolition and obtaining the police report can significantly increase the estimated compensation amount and avoid having the compensation amount greatly reduced based on unsubstantiated claims.

Q4: Does the compensation for forced demolition include the losses caused by production and business suspension?

This includes, but is not limited to, situations where the business is operated legally and can provide proof such as a business license and tax payment receipts. If a building used for legitimate production and operation is illegally demolished, the owner can claim compensation for losses from production and business interruption, as well as the costs of relocating equipment and temporary accommodation. However, compensation is generally not granted for purely residential properties or those without proof of business operations. Therefore, proving the building's intended use and the continuity of operations is a crucial step in the evidence-gathering process.

Q5: What is the statute of limitations for compensation litigation in cases of forced demolition?

The claimant may first submit a claim to the obligated organ for compensation, or submit it simultaneously when applying for administrative reconsideration or initiating administrative litigation; if the claim for compensation is submitted separately, the claimant must first apply to the administrative organ. If no decision is made within the time limit or there are disputes over the amount of compensation, the claimant may file a lawsuit. The overall process is still subject to the time limits stipulated in the Administrative Litigation Law. It is recommended that the claimant consult a lawyer and fix the evidence as soon as possible after the forced demolition, in order to avoid losing the right to claim compensation due to exceeding the time limit.

IV. Suggestions for Protecting Your Rights

  • When the forced demolition occurs, immediately record the scene on video, call the police, and keep a record of the police's arrival. Also, make a list of the property inside the house.
  • Do not delay in applying for state compensation or initiating administrative compensation litigation within the statutory time limit.
  • The value of the house shall be determined based on the prices of similar real estate in the surrounding area. If necessary, an appraisal shall be applied for.
  • Hire a professional lawyer to break down the compensation project, fix the evidence, and strive for a compensation amount that is no less than the legal compensation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm