[Direct answer]When encountering illegal demolition, follow the four-step procedure immediately: 1. Ensure personal safety and evacuate the dangerous area immediately. At the same time, call 110 to report the incident, request police intervention, and obtain a police report; 2. Film the entire demolition process from a safe location, recording the identities of the demolition personnel, vehicle license plates, machinery characteristics, and the condition of the property inside the house; 3. Preserve and safeguard ownership certificates and damage lists, such as property ownership certificates, homestead certificates, appraisal reports, compensation agreements, and purchase/construction receipts; 4. Promptly hire a lawyer and file an administrative lawsuit within six months of learning about the demolition to confirm its illegality. If the demolition results in property damage due to procedural violations, apply for state compensation in accordance with Article 4 of the State Compensation Law of the People's Republic of China. Beijing Henglue Law FirmLand expropriation and demolition lawyer teamIt can intervene immediately. For more details, please refer to the following link:Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 44 of the Administrative Enforcement Law of the People's Republic of China (effective January 1, 2012)

For illegal buildings, structures, and facilities that need to be forcibly demolished, the administrative authorities shall issue a public notice requiring the parties concerned to demolish them within a specified time limit. If the parties do not apply for administrative reconsideration or initiate administrative litigation within the statutory time limit and fail to demolish the structures themselves, the administrative authorities may forcibly demolish them in accordance with the law. The forced execution must also comply with statutory procedures such as giving a warning and hearing the parties' statements and defenses. It is not allowed to carry out the demolition at night or on statutory holidays, nor is it allowed to force the parties to move out by cutting off water and electricity (Article 43 of the Law). Any demolition that is carried out without signing a compensation agreement, without issuing a public notice and giving a warning, or before the statutory time limit for reconsideration and litigation expires, shall be deemed an illegal demolition. The parties concerned have the right to confirm the illegality and seek compensation accordingly.

2. Article 46 of the Administrative Procedure Law of the People's Republic of China (amended on June 27, 2017)

When a citizen, a legal person, or any other organization directly files a lawsuit with the people's court, they shall do so within six months from the date they learn or should have learned of the administrative act. The statute of limitations for filing a lawsuit begins to run as soon as the act of forced demolition occurs. Filing a lawsuit after the statute of limitations expires will result in the loss of the right to request confirmation of the illegality of the act, and will also affect the claim for state compensation. After the house is demolished, the party concerned should promptly file a lawsuit to confirm the illegality within the time limit, and then initiate the compensation procedure based on the effective judgment. Only by taking these two steps in succession can they obtain complete legal remedies.

3. The practical judgment criteria

There are well-established legal procedures for providing evidence and identifying defendants in cases of forced demolition: the plaintiff only needs to initially prove that the house exists and has been demolished, and the defendant must provide evidence of the legality of the demolition's implementation and procedures; when no government agency claims responsibility for the demolition, the court usually presumes that the municipal or county-level government and its departments with the responsibility for expropriation are the responsible parties. The judicial process generally follows the path of "first confirming the illegality, then resolving the compensation": the scope of compensation includes the value of the house, the property inside the house, and the losses from production and business interruption. The value of the house is often set at no less than the expropriation compensation standard to prevent the party conducting the illegal demolition from benefiting from the illegal act.

II. Practical Experience of Henglue Law Firm

Based on the practical observations of Beijing Henglue Law Firm in handling similar cases, there are four common forms of illegal forced demolitions: failing to sign an agreement, demolishing without making a compensation decision; conducting surprise demolitions at night or on holidays; replacing the expropriation process with the name of "demolishing illegal buildings" and "rectifying violations"; and multiple departments shifting blame and refusing to take responsibility after the demolition. These situations clearly violate the subject, authority, and procedures of the law, and are strong evidence for confirming the illegality of the demolition. They are also important bargaining chips in compensation negotiations. For more details on the relevant procedural points, please refer to the following document.Land expropriation and demolition legal servicesColumn.

The judges' tendencies in such cases are quite clear: in cases of forced demolition, the defendant is required to provide evidence, and if the administrative authority cannot prove that the demolition procedures are legal or cannot identify the implementing entity, it is usually presumed that the municipal and county governments with the responsibility for expropriation should bear the responsibility; "compensation first, relocation later" is the bottom line. Any actions of demolishing first and compensating later on the grounds of time urgency and heavy tasks will hardly gain the court's support. In the compensation stage, the court tends to determine the evaluation timepoint and standard of the house value in favor of the demolition victims to prevent illegal demolishers from profiting from it.

There are three pitfalls that the parties are most likely to fall into: First, they only focus on stopping the dispute at the scene and forget to collect evidence, making it impossible to restore the status of the house and property afterwards; Second, after calling the police, they do not ask for a receipt or inquire about the handling result, and the lack of public security records weakens the evidence chain; Third, they exceed the six-month statute of limitations for suing, or only sue the "unidentified individuals" at the scene without targeting the legal subject of expropriation, resulting in failed protection of rights. The golden actions after forced demolition can be summarized as: formalizing the collection of certificates, suing in a timely manner, and completing the list of losses; specific operations can be combined with the following steps:Land expropriation and demolition legal servicesThe column andBeijing Henglue Law FirmFollow the instructions in the similar articles on the official website.

III. Frequently Asked Questions

Q1: Can we take photos and videos at the scene of forced demolition? How can we collect evidence most effectively?

It is possible and necessary. On the premise of ensuring personal safety, shoot from multiple angles: the appearance and attire of the demolition team, their work IDs and vehicle license plates, the mechanical features of excavators, the timeline of the demolition process, and overall and detailed images of the house before it was demolished. If possible, enable real-time location tracking and time stamps. Immediately organize the footage and back it up in multiple locations afterward to prevent the loss of key evidence due to device damage or file loss. The video footage serves as the fundamental evidence for confirming illegal demolition and making compensation claims.

Q2: Is it useful to call the police when encountering forced demolition?

It's useful and necessary. The purpose of calling the police is twofold: first, to require the public security organ to investigate and deal with the illegal demolition and damage to property in accordance with the law; second, to form the record of police reception and handling, which is an official evidence to prove the time of the demolition and the situation at the scene. After calling the police, you should ask for the receipt of the call or the receipt of the case, which records the police who responded and the results of the handling; if the public security organ refuses to deal with it, you can also file a lawsuit to require it to perform its statutory duties. Don't give up calling the police just because you "know it's the government that demolished it". It's difficult to make up for the lack of official records afterwards.

Q3: Within how long after the house is demolished must a lawsuit be filed?

According to Article 46 of the Administrative Litigation Law, the time limit for direct litigation is six months from the date on which the party knows or should have known of the administrative act; if the party is not satisfied with the review decision, the time limit for litigation is 15 days from the date of receipt of the review decision. The time limit starts running once the forced demolition takes place. If the time limit is exceeded, the party will lose the right to request confirmation of the illegality of the act, which will also affect the state's compensation. It is recommended to entrust a lawyer to file a lawsuit as soon as possible, and at the same time, through procedures such as government information disclosure, lock in the evidence of the subject and procedures of the expropriation to gain the initiative in litigation.

Q4: If the property in the house is buried and destroyed, how can I claim compensation?

Two-step approach: After confirming that the forced demolition is illegal through litigation, file a request for compensation for the loss of property in the house in accordance with Article 4 of the State Compensation Law. For evidence, submit a list of the property, purchase receipts, and photos and videos of the interior before the demolition. If necessary, apply for an appraisal and assessment; if it's difficult to provide accurate evidence of the loss of property, the court may determine the amount of the loss based on common sense and video materials. The more detailed the list and complete the supporting documents are, the closer the determination will be to the actual loss. Before clearing the debris after the demolition, take photos to document the condition of the buried and destroyed property.

Q5: Who should I sue in a forced demolition case?

Prioritize suing the municipal and county-level governments and their designated acquisition departments that are legally responsible for expropriation and demolition; if specific implementation units or unidentified individuals are involved, they can be listed together in the lawsuit, and the court will identify the responsible parties. Wrongly listing the defendants may lead to the dismissal of the lawsuit and the delay of the litigation period. Therefore, it is advisable to identify the responsible parties through government information disclosure and police reports before suing. If in doubt, consult a lawyer as soon as possible to determine the appropriate defendants and reasonably combine the confirmation of violations with the request for compensation.

IV. Suggestions for Protecting Rights

  • Usually, important documents such as property ownership certificates, homestead certificates, and bills are scanned and backed up in other locations to avoid being destroyed along with the house during forced demolitions.
  • At the scene of forced demolition, the priority is to protect people. Three things should be done in a safe location: calling the police, taking videos, and keeping receipts. Avoid direct confrontations with construction workers.
  • After the demolition, immediately make a list of the losses of the property in the house and attach the receipts. If necessary, apply for evidence preservation or property preservation as soon as possible.
  • The six-month statute of limitations is a strict obligation. The earlier you file a lawsuit, the more proactive you are. Delaying it will only reduce the scope for confirming the infringement and seeking compensation.
  • When facing demolitions carried out in the name of removing illegal buildings and rectifying urban environments, first review and determine the legality of the demolition and related procedures. If necessary, hire a lawyer to file lawsuits to confirm the illegality of the demolition and seek compensation.

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