[Direct answer]In the Beijing area, evidence is collected in three directions: First, ownership and legality evidence, including house ownership certificates, land use certificates, construction approval documents, or village collective certificates; Second, evidence of forced demolition, including on-site photos and videos, surrounding surveillance footage, documents and delivery receipts for demolition orders and enforcement notices, as well as records of police reports and petitions; Third, evidence of losses, including purchase receipts for items and equipment in the house, account books, inventory lists, appraisal reports, and photos. According to Article 38 Paragraph 2 of the Administrative Procedure Law of the People's Republic of China (amended in 2017 and effective from July 1, 2017), in cases of administrative compensation and compensation, if the defendant causes the plaintiff to be unable to provide evidence, the burden of proof shall be borne by the defendant; Articles 4 and 36 of the State Compensation Law of the People's Republic of China (amended in 2010 and effective from December 1, 2010) stipulate the scope of property rights compensation and the standards for direct loss compensation.

I. Problem background and typical scenarios

The difficulty of demolition compensation cases rarely lies in the application of the law, but rather in the reconstruction of the facts. Once the house is demolished, the original state of its area, structure, decoration, interior items, and machinery and equipment will no longer have physical evidence. If there are no images or inventories beforehand, it will be difficult to prove "what was there and how much it was worth" afterwards. Common situations include: demolition at night, when the parties are not present at the scene, and only seeing a leveled ground afterwards; the furniture, equipment, and inventory in the house being cleared away and lost, with the parties only claiming losses based on their memories; administrative authorities reducing the compensation on the grounds that "the house has been lost and there is no evidence to verify"; and the parties only focusing on the value of the house while ignoring relocation fees, temporary accommodation, and losses from production and business interruptions.

II. Key points of contention

First, how is the burden of proof allocated? The plaintiff needs to provide evidence of the damage, but if the defendant's actions prevent the plaintiff from providing such evidence, the burden of proof shifts to the defendant. This is particularly important in cases involving losses of movable property such as furniture, equipment, and inventory. Second, the causal relationship between the demolition action and the losses. It is necessary to prove that the losses were directly caused by the forced demolition, rather than having already occurred beforehand. Third, the scope of compensation. The value of the house, decoration, ancillary facilities, relocation and temporary accommodation costs, operational losses, and the residual value of recyclable building materials all need to be itemized. Fourth, the role of appraisal and authentication. When it is difficult to restore the original state of the property, it is common to use appraisal reports and photographic evidence to corroborate each other; the appraisal fees and the admissibility of the appraisal conclusions need to be anticipated in advance.

III. Professional analysis by Henglue Law Firm

From the practical experience of handling forced demolition compensation cases by Henglue Agency, the core approach to evidence collection is "photos beforehand, traces during the process, and documents afterward". "Photos beforehand" refers to systematically photographing the main structure of the house, its decoration, ancillary facilities, courtyards, and factory equipment, preferably with time and location information, and retaining the sources of photos that can be cross-verified. "Traces during the process" means promptly calling the police, notifying neighbors to witness the scene, and recording the identities of the implementing personnel and vehicles when forced demolition occurs. Subsequently, applying for information disclosure to identify the implementing entities and the legal documents on which they rely. "Documents afterward" refers to completing an inventory of the items in the house before it is demolished, creating a list, and having witnesses sign it if possible, or fixing the state of the house through notarization or third-party witnessing. In practice, there are two easily overlooked steps: First, after the house is demolished, the original site is often quickly cleared or under construction, making it increasingly difficult to conduct re-inspections. Therefore, it is necessary to apply for inspections or evidence preservation as soon as possible. Second, for commercial premises, it is necessary to simultaneously collect business licenses, tax records, payroll records, and equipment ledgers to provide a basis for calculating the losses from production and business interruptions. When handling similar cases in Beijing, if the court finds that the plaintiff cannot provide evidence due to reasons such as the administrative organ failing to apply for compulsory enforcement by the people's court according to law or failing to notify the parties to appear, the court will usually handle the case in favor of the plaintiff, but only if the plaintiff can provide basic clues and reasonable explanations of the losses, rather than making general claims.

IV. Practical suggestions and legal basis

According to Article 38 Paragraph 2 and Article 74 of the Administrative Procedure Law of the People's Republic of China (amended in 2017 and implemented since July 1, 2017), the plaintiff may provide evidence of the damage. If the defendant is unable to provide evidence due to its own reasons, the burden of proof shall be borne by the defendant, and the people's court may rule to confirm that the administrative act is illegal; Article 4 Paragraph 3 of the State Compensation Law of the People's Republic of China (amended in 2010 and implemented since December 1, 2010) includes illegal expropriation and requisition of property in the scope of compensation for property rights, Article 36 Paragraph 8 stipulates that other damages to property rights shall be compensated for direct losses, and Article 39 stipulates that the statute of limitations for compensation claims is two years; the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases" (Law Interpretation [2022] No. 6, implemented since May 1, 2022) elaborates on the determination of losses, the burden of proof, and the scope of compensation for property damage; Article 44 of the Administrative Enforcement Law of the People's Republic of China (adopted on June 30, 2011, implemented since January 1, 2012) stipulates the announcement and procedural requirements for forced demolition. It is recommended to proceed according to the checklist: First, systematically take photos of the house before and after demolition and back them up to the cloud to avoid losing evidence due to damage to local devices; Second, prepare a list of property losses, indicating the name, quantity, purchase time, amount, and storage location of each item, and attach receipts, ledgers, or photos; Third, promptly report to the police and keep the police report; Fourth, apply for on-site inspection or notarization preservation as soon as possible; Fifth, file a compensation application promptly after confirming the illegality to avoid the expiration of the two-year statute of limitations. For the determination of the value of the house, reference can be made to the relevant provisions.Real estate and construction projectsEvaluation and appraisal experience in the field; the progress of the procedure can be referred to for reference.Specialised legal servicesIt's a common arrangement, and we should pay attention to it at the same time.Administrative litigation over land expropriation and demolitionThe key points of the evidence presentation.

5. Henglu Law Firm's Advice

The gap in compensation amounts is often predetermined before demolition. Parties who have received notices of demolition deadlines, compensation decisions, or orders to surrender land should immediately prepare evidence rather than waiting until the houses are demolished to take remedial action. All served documents should retain the original and record the date of receipt, which is not only the basis for reviewing the legality of administrative actions but also the basis for calculating the statute of limitations for litigation. It is crucial to avoid retroactively filling out property lists based on memory, and it is best to cross-check them with daily business records, purchase contracts, and inventory records. Image materials should preserve the original documents rather than just keeping edited or compressed versions. For practices of reducing compensation on the grounds of "no evidence to verify", parties can respond by applying to the court for investigation and evidence collection or applying for appraisal.Beijing Henglu Law FirmTip: Both administrative litigation and administrative compensation have high professionalism and time-effectiveness requirements. It is more reliable to entrust a lawyer to sort out the evidence and procedures as soon as possible after your rights are infringed.

VI. Frequently Asked Questions

Q1: Can I get compensation just with on-site photos?

Photos are important evidence, but they usually need to be corroborated with ownership materials, inventory lists, bills, or ledgers. If a party claims significant losses of movable property based solely on photos, the court may require further explanation of the process of loss formation and the basis for valuation. If it is impossible to obtain evidence due to the actions of administrative authorities, the party may claim that the burden of proof should be borne by the defendant, but they should still provide reasonable clues and preliminary explanations of the losses.

Q2: What specific evidence materials do we need to collect?

In terms of ownership, these include property ownership certificates, certificates of use of residential land, building approval documents, or village collective certificates; in terms of actions, these include decisions on demolition within a specified timeframe, enforcement documents and delivery receipts, on-site images, police reports, and petition records; in terms of losses, these include inventory lists, purchase receipts, business ledgers, equipment records, appraisal reports, and photos and videos taken before the demolition of the house. These three types of materials are most effective when corroborating each other.

Q3: How much do the litigation costs for compensation typically amount to?

Generally, there is no acceptance fee charged for administrative compensation cases. The costs involved in appraisal and identification shall be borne according to the actual amount incurred, and the applicant usually pays in advance and the burden of these costs shall be determined in the judgment. The attorney's fees shall be negotiated based on the difficulty of the case, the subject matter, and the stage of the litigation. Before entrusting a lawyer, it is necessary to clarify whether the two procedures of confirming the illegality and compensation are included, as well as the arrangement of the costs of appraisal and identification.

Q4: How long does it take from filing a lawsuit to receiving compensation?

The first-instance ordinary procedure for confirming illegal actions is generally concluded within six months, and it takes longer if it involves appraisal and identification. After confirming the illegal actions, there is still a need to go through the compensation process or negotiation. The whole process usually takes one to two years. The statute of limitations for compensation requests is two years, calculated from the date when the right holder knows or should have known that his rights have been infringed. It is managed in parallel with the six-month litigation period. Any delay will affect the effectiveness of the remedy.

Q5: What should I do first?

Immediately secure the evidence and identify the responsible parties: Take backup photos of the existing housing and property systems, prepare inventory lists, and collect all delivery documents and record the dates. Subsequently, apply in writing for public project approval documents and files to clarify the basis for the demolition and the implementing units. After establishing the evidence base and identifying the responsible parties, initiate a lawsuit to confirm the illegality within the statutory time limit, paving the way for claims for compensation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are 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 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 open 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 a dispute arises, please consult a practicing lawyer in time.