[Direct answer]In the Beijing area, if the police refuse to handle reports of forced demolitions, it doesn't mean there's no way to protect one's rights. The police's determination of the nature of the forced demolition (civil infringement or administrative violation) may affect the police's response, but the people subject to expropriation can still obtain police reports, record the scene with video, and file an administrative review or administrative lawsuit against the parties responsible for the forced demolition to confirm that the forced demolition is illegal and claim compensation. In urgent situations, they can also apply for property preservation. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

After the forced demolition of their homes, many victims' first reaction is to call 110, but they are often told that the case involves land expropriation and demolition disputes and is not within the jurisdiction of the public security authorities, or that the police will only take notes but not file a case. Typical scenarios include: being suddenly demolished by unidentified personnel in the middle of the night, calling the police but having the police arrive only to register the case and not stop the demolition; the demolition being carried out by the local government or the expropriation department, with the police saying that it is a government action and they cannot intervene; the destruction of property inside the house after the demolition, but no progress being made in investigating the damage despite reporting the case to the police. In such situations, victims are not only worried about the loss of evidence, but also unsure of which department to approach to assert their rights. For more information on ways to protect rights against forced demolition, please consult the relevant authorities.Beijing Henglu Law Firm.

II. Key points of contention

  • Jurisdictional determination: Whether the forced demolition is a public security or criminal case investigated by the public security organ, or an official act of the administrative organ, determines whether the police will accept the case and also determines the direction of subsequent remedies.
  • Illegal confirmation: Whether the forced demolition has gone through the legal procedures, and whether there is an effective order to surrender the land or a decision to demolish within a specified period, is the prerequisite for confirming the illegality and compensation.
  • \nEvidence preservation: Whether the police report, on-site images, and property lists are complete directly affects the amount of compensation and the success or failure of the lawsuit.

If there are obvious clues of illegal activities during the forced demolition process, you can also pay attention to it.Criminal defense and criminal case filing servicesDetermine the scope of the accusation.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have observed in handling cases involving forced demolitions that the police often refuse to accept reports because they classify forced demolitions as administrative disputes. However, reporting to the police is by no means useless: the police response records, receipts, and transcripts are important evidence to prove the time, subject, and damage of the forced demolition. In practice, lawyers often first apply for government information disclosure to obtain the expropriation decisions, the basis for forced demolition, and the subject information, and then file a lawsuit to confirm the illegality of the forced demolition. If the subject of the forced demolition is unclear, the defendant can be identified by combining the on-site images and police response records. For the damaged property in the house, a list and photos should be made as the basis for administrative compensation requests. Criminal complaints and administrative remedies can be pursued concurrently. In the event of obvious suspicions of provoking trouble or intentionally damaging property, the public security organ can still be requested to investigate according to law. Such cross-procedural cases can be referred to for reference.Special services and other case services.

IV. Practical suggestions and legal basis

At the legal basis level: The "Administrative Litigation Law of the People's Republic of China" (amended on June 27, 2017) stipulates that citizens who disagree with the administrative coercive acts of administrative organs may file lawsuits; the "State Compensation Law of the People's Republic of China" (amended on October 26, 2012) stipulates that if the administrative organs and their staff members exercise their powers illegally and cause damage, the victims have the right to obtain compensation; for property preservation and evidence fixation, applications can be made in accordance with relevant procedural provisions. Practical suggestions: Report to the police and request a receipt on the day of forced demolition, and videotape the whole process; organize ownership certificates and a list of property in the house; apply for information disclosure as soon as possible to identify the subject and basis of forced demolition; entrust a lawyer to file a lawsuit for confirmation of illegality and compensation, and if necessary, apply for property preservation to prevent asset transfer. During the enforcement process, it can be combined withCreditor-debtor relations and enforcement case servicesAdvance.

5. Henglue Law Firm's Reminder

When encountering forced demolition, stay calm, prioritize protecting your life and preserving evidence, and never resort to violence to counter violence. The police report, on-site photos, and a list of your belongings are crucial for subsequent confirmation of the illegality of the demolition and claiming compensation. Government actions are not automatically exempt from liability. Forced demolitions that fail to follow legal procedures can be deemed illegal and subject to compensation. It is recommended to consult a professional lawyer as soon as possible regarding the subject of the forced demolition, the legal procedures involved, and the compensation plan, in order to avoid missing the statute of limitations for filing a lawsuit.

VI. Frequently Asked Questions

Q1: After the forced demolition, if you report the case to the police, what are the common reasons why the police refuse to accept the report?

There are three common reasons for this: First, the police classify forced demolitions as administrative disputes over land expropriation and demolition, considering them beyond the scope of public security authorities; Second, the main parties involved in forced demolitions are administrative agencies such as district offices and expropriation departments, and the police claim it's inconvenient to intervene; Third, they only register the case but fail to issue a case acceptance receipt. However, it's important to note that the core value of reporting a case to the police lies in preserving evidence rather than necessarily stopping the demolition. The police report and receipt can prove the time, parties, and damages of the forced demolition, which are important materials for subsequent confirmation of illegal actions and compensation.

Q2: The police said it's not their responsibility. Does that mean no one will take action against the forced demolition?

No. The police do not accept the administrative nature of forced demolition, and this does not exempt the subject of forced demolition from legal responsibility. The person subject to expropriation can file an administrative reconsideration or administrative litigation against the administrative organ that carried out the forced demolition, requesting confirmation that the forced demolition is illegal; for the damage to the property in the house, he/she can also claim administrative compensation. If there are obvious clues of illegal crimes during the forced demolition, he/she can still request the public security organ to investigate according to law. The key to protecting one's rights from reporting a case to litigation lies in verifying whether the subject of forced demolition and the procedures are legal.

Q3: What is the use of the police report and the receipt in subsequent rights protection?

The police report, the record of the police's handling of the case, and the interrogation transcript can objectively confirm the time, location, participants, and on-site conditions of the forced demolition, and are the core evidence to prove the fact of forced demolition. In the confirmation of the lawsuit against illegal actions and administrative compensation, these documents can be used to prove the existence of damage and the causal relationship. It is recommended to specifically request a police report when calling the police, record the police officer's badge number, and videotape the entire process by oneself as supplementary evidence. The more complete the evidence is, the more favorable it will be for the determination of the subsequent compensation amount.

Q4: If the police refuse to handle the case, what other channels can be used to pursue legal action against illegal demolition?

There are mainly three methods: First, file an administrative lawsuit against the forced demolition, requesting confirmation of the illegality and compensation; Second, file a review or lawsuit against the expropriation decision and the notice of demolition within a specified period, negating the basis for forced demolition from a procedural perspective; Third, apply for government information disclosure, retrieve the subject, basis, and approval documents of the forced demolition, and identify the defendant. If the forced demolition involves obvious suspicions of intentional destruction of property, it is possible to insist that the public security organ investigate and deal with the case according to law, and form pressure through multiple channels in parallel.

Q5: If I don't have time to take photos at the scene of the forced demolition, what kind of evidence can I collect afterwards?

There are still multiple ways to obtain additional evidence: applying for government information disclosure to obtain the expropriation decision, the announcement of forced demolition, and the information of the main parties involved; retrieving surrounding surveillance footage, neighbor's testimonies, and community records; using the police report and the record of the police's handling of the case to prove the facts of forced demolition; organizing the house ownership certificate, water and electricity payment receipts, and purchase receipts for household goods to prove the rights and losses; and fixing the wreckage and the scene through notarization or a lawyer's investigation order. The more complete the chain of evidence is, the more support there will be for confirming the illegality and the request for compensation. Regarding the basic ownership of the house, you can refer to it.Real estate sales and construction project services.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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