[Direct answer]In the Beijing area, before the forced demolition takes place, you can verify the legality of the expropriation and demolition by applying for government information disclosure, apply for administrative reconsideration or initiate administrative litigation in accordance with the law, and apply for a stay of execution in the litigation; for forced evictions by cutting off water, electricity, and roads, you can report the case to the police and request legal investigation. According to Article 27 of the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" (promulgated and implemented on January 21, 2011), the implementation of house expropriation shall proceed in the order of compensation first and relocation afterwards. It is prohibited to force relocation by violence, threats, or violating regulations to cut off water, heating, gas, electricity, and road traffic. The key is to start the procedures as soon as possible and fix the evidence.

1. Problem background and typical scenarios

Help seeking before forced demolition often occurs after receiving a decision on demolition within a specified time limit, a notice of eviction, or a notice to vacate the premises. There are three common scenarios: first, the demolition is carried out directly without going through the compensation and resettlement procedures on the grounds that the building is identified as illegal; second, the compensation has not been negotiated yet, and the water, electricity, and gas supplies are cut off first; third, the compensation and resettlement plan has not been announced yet, and the eviction is required within a specified time limit. When handling similar cases in Beijing, the court usually focuses on reviewing whether the implementing entities have legal authority, whether they have fulfilled the obligations of announcement and eviction notice, whether they have listened to the statements and defenses of the parties, and whether the compensation and resettlement have been implemented. Anxiety and haste are common situations faced by the parties involved.

II. Key points of contention

First, the nature of the demolition action. Judicial forced demolition in legal expropriation, administrative forced demolition in the management of illegal construction, and illegal forced demolition without any written basis all have completely different remedial paths, and it is necessary to first determine the nature of the action before formulating a strategy. Second, whether enforcement can be suspended during litigation. Article 56 of the Administrative Procedure Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017) stipulates that enforcement of administrative acts shall not be suspended during litigation. However, if the defendant deems it necessary to suspend enforcement or the court believes that it may cause irreparable losses, it may order a suspension of enforcement. Therefore, an application to suspend enforcement must be submitted simultaneously with the filing of the lawsuit. Third, the procedural points that can be challenged, including the subject and basis of the decision on a time-limited demolition, whether the notice and announcement have been performed, whether a hearing has been organized, and whether on-site records have been preserved. Fourth, the duty of the police to report and investigate. Fifth, the time window for securing evidence. The later it is, the harder it is to reconstruct the scene.

III. Professional analysis by Henglue Law Firm

Based on Henglue's experience in handling similar cases, the opportunities for negotiation before forced demolition mainly focus on three aspects: the legality of the demolition decision, the fulfillment of procedural obligations, and the implementation of the principle of "compensation first, relocation later". There are three common illegal forms: circumventing the expropriation and compensation procedures by labeling the structures as illegal and directly demolishing them; forcing relocation by cutting off water, electricity, and roads before compensation is in place; and implementing demolition without issuing a written decision or giving a notice. In judicial practice in Beijing, the administrative authorities need to bear the burden of proof for the legality of their demolition actions. If they fail to provide a written demolition decision, delivery certificates, notice records, and announcement materials, the actions are likely to be deemed illegal. There are two pitfalls that parties are most likely to fall into: first, only verbally reporting to grassroots workers without leaving written applications and acceptance certificates, making it impossible to reconstruct key events; second, signing documents such as "voluntary evacuation" and "voluntary surrender of the house" under coercion, which makes it extremely difficult to assert rights afterwards. Evidence collection and the initiation of legal procedures must proceed simultaneously.Land expropriation and demolition, and administrative litigationThe preparation of materials should focus on three aspects: the legal basis for the demolition, the implementation of the demolition procedures, and the fulfillment of compensation obligations.

IV. Practical suggestions and legal basis

According to Article 44 of the Administrative Enforcement Law of the People's Republic of China (adopted on June 30, 2011, and implemented on January 1, 2012), where unlawful buildings, structures, or facilities need to be forcibly demolished, the administrative authority shall issue a public notice and order the parties concerned to demolish them within a specified time limit. If the parties fail to apply for administrative reconsideration or initiate administrative litigation within the legal time limit and still refuse to demolish the structures, the administrative authority may proceed with the forced demolition in accordance with the law. According to Article 28 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (promulgated and implemented on January 21, 2011), if the acquirer fails to apply for administrative reconsideration or initiate administrative litigation within the legal time limit, or fails to vacate the premises within the time limit specified in the compensation decision, the municipal or county-level people's government that made the acquisition decision may apply to the people's court for enforcement according to law. Action checklist: 1. Immediately keep the original written decision and the delivery receipt upon receipt; 2. Apply for government information disclosure to retrieve the acquisition approval, public notice, compensation and resettlement plan, and project boundary map to verify whether demolition is truly necessary; 3. Apply for administrative reconsideration or initiate administrative litigation within the legal time limit, and submit an application for suspension of enforcement simultaneously upon filing; 4. Report to the police in the event of water, electricity, or road cuts, or violent acts, and simultaneously obtain notarization or video evidence; 5. Keep all communication records throughout the process to avoid signing any voluntary vacate confirmation documents.

5. Henglu Law Firm's Advice

Every legal deadline before forced demolition is a line of defense. According to Article 20 of the "Administrative Review Law of the People's Republic of China" (amended and adopted on September 1, 2023, and implemented on January 1, 2024), the time limit for applying for administrative review is 60 days from the date when the applicant knows or should have known of the administrative act; according to 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), the time limit for direct litigation is six months. Applying for relief after the deadline will directly affect the effectiveness of the remedy, so it is necessary to start counting the time from the date on the written certificate. At the same time, it is not recommended to use confrontational methods to prevent demolition, as personal safety and evidence preservation are more important. Personal injuries occurring during the demolition process can be dealt with according to the law.Personal injury and medical disputesThe path to establishing a fixed medical-causal relationship, and if there are suspected cases of intentional damage to property or illegal trespassing into residences, relevant evidence can be combined with other available information to determine the cause of the injury or damage.Criminal defense and criminal case filingEvaluate the direction of the report.Beijing Henglue Law FirmIt is recommended to consult a lawyer as soon as you receive the first written document.

VI. Frequently Asked Questions

Q1: Is there a high chance of success if I apply to stop the enforcement or confirm that the forced demolition is illegal?

It depends on whether the demolition entity has the authority, whether the procedures have been followed, and whether the compensation has been implemented. It's not appropriate to make a general statement. If the expropriator cannot produce a legal decision on the time limit for demolition, records of service and reminders, or if the compensation and resettlement plan has not been announced before proceeding with the demolition, there's a higher likelihood that the actions will be deemed illegal. If it's a legal expropriation and the compensation decision has been made in accordance with the law and the expropriator has applied for compulsory execution by the court, the scope of remedies is relatively limited. It is recommended to first collect all written materials and have a lawyer conduct a compliance review of the authority and procedures before making a judgment about the expected outcome.

Q2: What evidence do I need to prepare to prevent forced demolition?

All written materials and delivery receipts, such as the expropriation notice, the decision on a time-limited demolition, the reminder letter, and the notice to vacate the premises; the house ownership certificate and the construction approval materials; on-site photos and continuous video footage, with a focus on recording the time and the process of the main bodies and machinery entering the site; on-site images of water, electricity, and road disconnections, as well as repair and alarm records; audio recordings of communication with the expropriation party and chat records; appraisal reports and negotiation records. Evidence should be fixed and backed up as soon as possible, and if necessary, the probative force can be enhanced through notarization.

Q3: How much are the attorney's fees for cases like this?

Generally, lawyers charge fees on a per-case or per-stage basis, or according to the proportion of the disputed subject matter. Information disclosure, administrative reconsideration, first-instance trials, second-instance trials, and enforcement can be calculated in stages. According to Articles 11 and 12 of the "Measures for the Administration of Lawyers' Service Fees" (issued by the National Development and Reform Commission on December 1, 2006), administrative cases and state compensation cases are not allowed to implement risk-based fee charging. Therefore, the relevant procedures generally require payment of fees on a per-stage basis. The specific amount shall be subject to the provisions of the entrustment contract, and the boundaries of the advance payment of fees shall be clearly defined at the time of signing the contract.

Q4: How long does the process of preventing forced demolition take?

The time differences are significant. Generally, the government should respond to requests for public information within 20 working days, with a possible extension of 20 working days; the time limit for administrative review is generally 60 days; and first-instance administrative litigation usually results in a judgment within six months, with second-instance litigation taking about three months. Applications for suspension of enforcement are generally filed along with the lawsuit, and the court makes a ruling after reviewing them, which is relatively quick. Overall, the earlier the procedure is initiated, the more likely it is to secure a buffer period. If the claim is delayed until after the demolition has been carried out, it will usually only transition to the compensation process.

Q5: What is the most urgent first step now?

After receiving the decision to demolish or the notice to vacate the premises within a specified time limit, first check the subject of the decision, the legal basis, and the date on the document, and properly preserve the original. At the same time, immediately conduct continuous video recording and inventory photography of the current condition of the house and the property inside it to form evidence fixed at a specific time point. Subsequently, apply for government information disclosure, retrieve the approval for expropriation, the compensation and resettlement plan, and the project scope materials to verify their legality, and initiate corresponding procedures within the 60-day review period and the six-month litigation period, and simultaneously submit an application for suspension of enforcement.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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 legal services·Beijing Henglu 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.