[Direct answer]You can call the police, and it is recommended to do so as soon as possible. According to Article 21 of the People's Police Law of the People's Republic of China (adopted and implemented on February 28, 1995, and amended on October 26, 2012), when a police officer encounters a citizen whose personal or property safety is infringed or who is in other dangerous situations, he/she shall immediately provide assistance and investigate the reported cases in a timely manner. For acts of violence and property damage during forced demolitions, the public security organ shall accept and investigate them in accordance with the law; for disputes over compensation standards themselves, the public security organ generally does not intervene, but shall not refuse to respond to the alarm or issue certificates. When calling the police, you should request a case acceptance receipt or a written notice and simultaneously record the video; if the public security organ fails to perform its duties, you can apply for a review or litigation in accordance with the law.
I. Problem Background and Typical Scenarios
When faced with forced demolitions of their homes, many victims' first reaction is to call the police, but they often receive the response, "This is a government demolition, and we can't do anything about it." This leads to confusion about whether calling the police is actually useful. Typical scenarios include: being forcibly demolished at night or in the early morning, with police officers arriving at the scene only to maintain order without taking any action; not receiving any written proof after calling the police, making it difficult to prove the time, subject, and circumstances of the forced demolition; property damage and burial after the house is demolished, making it impossible to quantify the extent of the losses; and believing that calling the police can stop the demolition, while neglecting to simultaneously initiate administrative and compensation procedures. When adjudicating such cases, Beijing courts typically require victims to provide evidence such as police response records and on-site video footage to prove the fact of forced demolition, thus the evidentiary value of calling the police often outweighs its immediate deterrent function. Disputes involving expropriation and compensation themselves can be resolved through legal means.Land expropriation and demolition services, and administrative litigation servicesCoordinate and handle it comprehensively.
II. Key points of dispute
The controversy focuses on three points. Firstly, the scope of responsibilities of public security organs: For acts of violence, damage to property, and illegal intrusion into residences during the forced demolition process, public security organs should accept and investigate them in accordance with the law; for disputes over compensation amounts, which belong to civil or administrative disputes, public security organs generally do not intervene in the judgment, but cannot refuse to respond to calls for help or make records on the grounds of "demolition disputes". Secondly, the evidentiary value of police reports: Call records, response records, case acceptance receipts, or written notifications can fix the time of forced demolition, the participating personnel, machinery and vehicles, and the on-site situation, which are the basic materials for confirming the facts of forced demolition and property losses. Thirdly, the remedial path for inaction: If public security organs fail to respond to calls for help or refuse to perform their duties, the parties concerned may apply for administrative reconsideration or initiate administrative litigation, requesting confirmation of the illegal failure to perform statutory duties and ordering performance. For personal injuries involved in the forced demolition process, reference can be made to the relevant provisions of the Administrative Procedure Law and the Civil Procedure Law.Personal injury and medical dispute services.
III. Professional analysis by Henglue Law Firm
Based on practical observations in handling illegal demolition cases, the value of calling the police mainly lies in three aspects: stopping ongoing acts of violence, documenting the facts of demolition and evidence of losses, and providing a basis for subsequent claims. Therefore, the way of reporting and expressing oneself when calling the police is crucial: it should clearly state "personal and property are being subjected to illegal infringement, and request immediate police intervention", require the police officers to make a record of the police response, and request a receipt of the case or a written disposition result; if the case is not accepted, the caller should note the police response number and the information of the police officer handling the case. On-site response, do not engage in physical conflicts with the demolition personnel. Under the premise of ensuring safety, take photos and videos of the participating personnel, vehicles, and machinery equipment, and register the buried and damaged property item by item. At the procedural level, it is also necessary to review whether the demolition itself is legal: 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) stipulates that before forced demolition, a public announcement shall be made, and the parties shall be given a time limit to self-demolish. If the parties do not apply for administrative reconsideration or initiate administrative litigation within the legal time limit and still fail to demolish, the demolition may be carried out according to law; Article 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (promulgated and implemented on January 21, 2011) clearly stipulates that no unit or individual may use illegal methods such as violence, threats, or disruption of water, heating, gas, and electricity supplies or road traffic to force the demolition subjects to move. If the demolition subject is an administrative organ and the procedure is illegal, the parties may request to confirm the illegality of the demolition and claim administrative compensation; if it involves situations such as intentional destruction of property and illegal intrusion into residences, it may also involve criminal accountability, which can be further investigated and dealt with accordingly.Criminal defense and criminal case filing servicesJudgment.
IV. Practical suggestions and legal basis
Action List: 1. Immediately call the police when forced demolition occurs, explicitly request to stop the infringement, and request a case acceptance receipt or written notification. 2. Simultaneously record the scene with video evidence, noting the time, location, participants, vehicles, and machinery involved. 3. After the incident, inventory the property, recording the name, quantity, purchase date, and value of each item, along with receipts, contracts, or photos. 4. Require the public security organ to provide a record of the police response and the handling result. If the case is not accepted, retain written proof or the police case number. 5. Within the statutory time limit, apply for administrative review or initiate administrative litigation against the illegal forced demolition, and claim compensation in accordance with Articles 2 and 4 of the *Law of the People's Republic of China on State Compensation* (amended on October 26, 2012). The compensation-liable entity shall make a decision on compensation within two months from the date of receiving the compensation application. The main legal basis includes: - Article 21 of the *People's Police Law of the People's Republic of China* (adopted and implemented on February 28, 1995, amended on October 26, 2012); - Articles 12 and 46 of the *Administrative Litigation Law of the People's Republic of China* (amended on June 27, 2017); - Article 44 of the *Administrative Enforcement Law of the People's Republic of China* (adopted on June 30, 2011, implemented on January 1, 2012); - Articles 27 and 28 of the *Regulations on the Acquisition and Compensation of Houses on State-Owned Land* (promulgated and implemented on January 21, 2011); - Article 62 of the *Implementing Regulations of the Land Management Law of the People's Republic of China* (amended on July 2, 2021, implemented on September 1, 2021). For disputes over housing ownership and leases, refer to the relevant provisions of the *Housing Law of the People's Republic of China* and other applicable laws and regulations.Real estate sales and construction project services.
5. Henglu Law Firm's Advice
Calling the police is not a panacea, but not calling the police often leads to more passive outcomes. There are two things that need to be distinguished: first, disputes over compensation standards, which are civil or administrative disputes, should be resolved through consultation, reconsideration, and litigation; second, acts of violence, damage to property, and illegal intrusion into residences during the forced demolition process should be investigated and dealt with by the public security organ in accordance with the law. If the public security organ refuses to handle the case, you can file a complaint or accusation and request a written response. The time limit for applying for administrative reconsideration is generally 60 days from the date you learn of the administrative act, and the time limit for filing a lawsuit is generally six months. Applications for state compensation should also be submitted within the statutory time limit. Once the house is demolished, the on-site evidence will be lost quickly. It is recommended to fix the materials and consult a professional lawyer as soon as possible and take legal action through the court.Special services and other case servicesDevelop a plan to confirm the violation and pursue claims simultaneously.
VI. Frequently Asked Questions
Q1: Is it useful to call the police when there's a forced demolition? Will the police stop the demolition?
It's useful, but its effects focus on different aspects. For ongoing acts of violence, damage to property, and illegal trespassing, calling the police can stop the infringement and secure evidence. According to Article 21 of the People's Police Law of the People's Republic of China, public security organs shall promptly investigate and handle the cases reported by citizens. Regarding the forced demolition actions taken by government organizations themselves, as they constitute administrative disputes, the police generally do not intervene in the judgment. However, this does not mean that the police can refuse to respond or issue certificates. In practice, the core value of calling the police lies in establishing records of receiving and responding to the call, proving the time, subject, and scene of the forced demolition, and providing a basis for subsequent confirmation of illegality and claims. Therefore, it is still recommended to call the police immediately and request written certificates.
Q2: What evidence should be preserved when calling the police and after the incident?
It is recommended to retain the following items: the record of the police call and the case number, the record of the police response and the receipt of the case or the written notice of refusal to accept the case, the on-site video and photos (including the participants, vehicles, machinery and equipment, and the demolition process), the information of the neighbors and other witnesses on site, the internal and external images of the house before and after demolition, the property list and purchase receipts or contracts, the proof of the ownership of the house or the construction land, and the communication records and relevant documents with the demolition party. Evidence from the forced demolition scene is prone to loss, so it is necessary to take photos and make backups as soon as possible under the premise of ensuring safety, in order to prove the facts of the forced demolition and the scope of property losses.
Q3: How much does it cost to claim that the forced demolition is illegal and seek compensation?
According to the "Measures for the Payment of Litigation Costs", requests for confirming the illegality of administrative acts and other non-property-related requests are generally paid on a per-case basis. Requests involving the return of property or compensation amounts are calculated cumulatively based on the value of the subject matter. According to relevant regulations, no case acceptance fees are charged for administrative compensation cases. Attorney's fees are determined through negotiation between the law firm and the client, either on a per-case basis or as a percentage of the subject matter value, subject to the written power of attorney. It is prohibited to implement risk-based representation in administrative litigation cases. It is recommended that lawyers first assess the procedural flaws and compensable scope of the forced demolition actions, estimate the potential compensation amount, and then decide on the investment to avoid the situation where the cost of protecting rights exceeds the potential compensation.
Q4: How long does it usually take to get a result after filing a lawsuit to confirm that the forced demolition is illegal?
According to the Administrative Litigation Law of the People's Republic of China, the first-instance ordinary procedure shall make a judgment within six months from the date of filing the case, and the summary procedure shall be concluded within 45 days; the appeal period against the first-instance judgment is 15 days from the date of delivery of the judgment, and the second-instance generally shall be concluded within three months. If an administrative reconsideration is applied for first, the reconsideration organ shall generally make a decision within 60 days from the date of acceptance. Administrative compensation may be claimed simultaneously or separately after the confirmation of the illegality, and the compensation obligation organ shall make a decision on whether to compensate within two months from the date of receipt of the application. Adding the evaluation of losses and other steps, the overall cycle often takes several months to a year.
Q5: If the police refuse to accept the case or refuse to respond to the call, what should I do specifically?
It is recommended to proceed in the following order: First, request the responding unit to provide a written notice of refusal to accept the case or a record of the call and response, and note the case number and the police officer's badge number. Second, file a complaint or report with the higher-level authority or supervisory department of the public security organ, or report the matter through the complaint and reporting channels announced by the public security organ. Third, apply for administrative reconsideration or initiate administrative litigation against the public security organ for failing to fulfill its statutory duty to protect personal and property safety, in accordance with Article 12 of the Administrative Litigation Law of the People's Republic of China. Fourth, apply for administrative reconsideration or initiate administrative litigation against the forced demolition itself, requesting confirmation of its illegality. Fifth, claim compensation in accordance with the State Compensation Law of the People's Republic of China, and retain all on-site video footage and evidence of property damage. If personal injuries occur, seek medical treatment promptly and retain medical records and expense receipts.
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 Law Firm 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 materials, so as to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Beijing Henglue 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 you encounter disputes, please consult a practicing lawyer in time.