[Direct answer]In the Beijing area, the calculation logic is "leveling and adding the higher amount": After the forced demolition is confirmed to be illegal, the compensation should restore the party concerned to the state before the illegal infringement occurred — the house shall be calculated according to the market value at the time of the compensation decision or judgment (not based on the low appraisal price at the time of the expropriation many years ago), and if it cannot be restored to the original state, the compensation standard for expropriation shall be applied; the items in the house shall be compensated according to the actual loss list, and the part for which the party cannot provide evidence shall be determined by the court; for commercial premises, the party may also claim losses from production and business suspension. The compensation process is divided into two steps: first, request to confirm the illegality of the forced demolition, and then separately or jointly initiate administrative compensation. Evidence determines the amount, and the fixed scene at the time of the forced demolition is the basis for all calculations.

1. Problem background and typical scenarios

The house was demolished in the early morning, and all the furniture and equipment inside disappeared without a trace. A few years later, the lawsuit won the "confirmation of illegality", but the compensation negotiations stalled in a tug-of-war—the government used the evaluation report from several years ago to set a low price, while the parties involved couldn't provide proof of the loss of the items. The technical difficulty of forced demolition compensation cases has never been about "whether compensation can be granted", but rather about "at what point in time, according to what standards, and with what evidence" the compensation should be paid.

II. Key points of contention

Firstly, there is a dispute over the timing of compensation, namely the difference between the market price at the time the illegal act occurred and the market price at the time of the compensation judgment. Secondly, there is a relationship between the compensation standard and the compensation standard, and the application of the "whichever is higher" principle. Thirdly, the burden of proof for the loss of items in the house. Fourthly, the inclusion of production and business suspension and relocation costs.

III. Professional analysis by Henglue Law Firm

The first layer is the time-point rule: The Supreme People's Court's adjudication rules make it clear that in order to maximally compensate victims, the value of the house should generally be evaluated based on the market value at the time of making the compensation judgment, and unlawful delay cannot be used as a tool to drive down the price—this is different from the evaluation of compensation for expropriation at the time of the expropriation decision. It is a significant benefit for the families being demolished in the compensation process. The second layer is the standard connection: For houses already included in the scope of expropriation, the compensation should not be lower than the expropriation compensation. The value of the house, relocation fees, temporary resettlement fees, and incentive subsidies in the compensation plan can all be claimed. The parties cannot benefit from both compensation and expropriation, but the choice lies with the parties themselves. Before making a choice, they need to compare the figures of the two plans and choose the higher one. The third layer is about items and production loss: The items in the house should be proved by photos and videos taken before the forced demolition, purchase receipts, and relocation records, with a list of brands and quantities itemized. If there is no evidence, the court will determine the compensation based on common sense, but the determined amount is usually lower than the actual loss. Therefore, the full-view video taken before the forced demolition becomes the most cost-effective evidence investment. For commercial premises, the production loss can be claimed based on tax payment records and transaction records, with reference to local standards or actual income calculations. The fourth layer is about procedural organization: First, file a lawsuit to confirm the illegality (with a six-month filing period), and then file a compensation request within one year after winning the case. During the compensation litigation, apply for an evaluation at the same time. If the party is dissatisfied with the compensation decision, they can continue to litigate. If the subject of the forced demolition is unclear, the defendant can be identified through police records, construction vehicle information, and government documents. The compensation lawsuit is the last battle to quantify the consequences of the illegal act. The more solid the earlier procedures are, the easier it will be to win this battle.

IV. Practical suggestions and legal basis

The first step is to immediately call the police, record the scene, inventory the items in the house, and preserve the relevant evidence when the forced demolition occurs. The second step is to file a lawsuit within six months to confirm that the forced demolition is illegal. The third step is to file a request for administrative compensation within one year after winning the lawsuit and apply for a property evaluation at the same time. The fourth step is to file a lawsuit against the compensation decision in accordance with the law and claim compensation based on the market price at the time of the judgment. The main legal basis: Article 36 of the State Compensation Law of the People's Republic of China (amended in 2013) regarding the compensation methods and calculation standards; the judicial interpretations and adjudication rules of the Supreme People's Court on the trial of administrative compensation cases and compensation for forced demolition of houses; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three pillars of compensation for forced demolition: the confirmation of illegality is the prerequisite, the list of evidence is the base, and the time point standard is the multiplier—if all three are firmly in place, there will be upward room for the compensation amount. For cases involving the confirmation of forced demolition and state compensation, you can proceed through the following channels:Land expropriation and demolition, and administrative litigationObtain a comprehensive solution for the service; if there are disputes over the identification of illegal construction, the parties involved can resolve them jointly.Special servicesPlate; for those involving the operational losses of enterprises, they can refer to it for reference.Business and contract disputes in enterprisesColumn; for other compensation disputes, you can seek adviceReal estate transactions and construction projectsThe team is responsible for the administrative aspects.

VI. Frequently Asked Questions

Q1: When will the compensation be calculated based on the housing prices?

In principle, the compensation shall be determined based on the market value at the time of the compensation judgment, and the illegal delay shall not result in a price reduction. This is different from the rules regarding the assessment time point of the expropriation compensation, which is a favorable rule for the people whose houses are being demolished.

Q2: How will I be compensated if the items in my house are lost?

Based on the photos and videos taken before the forced demolition and the purchase receipts, claimants can make their case item by item. For those parts where evidence is insufficient, the court will make a determination, but the determined amount is usually low. It's crucial to preserve evidence in advance.

Q3: Can I ask for both compensation and restitution?

It is not allowed to gain profits twice, but one can choose the higher one. For those who have been included in the scope of expropriation, the compensation should not be lower than the standard of expropriation compensation they are entitled to.

Q4: What is the time limit for claiming compensation?

After confirming the violation, the victim can apply for compensation within two years (separately), and the claims made together will be handled simultaneously in the lawsuit confirming the violation; if the victim applies for compensation first and then initiates litigation, the statutory deadlines will be calculated accordingly.

Q5: How long will the compensation lawsuit take to litigate?

It should be noted that, within six months after the first-instance judgment, the compensation litigation will take about half a year to process, which will involve extended appraisal and identification procedures. Generally, the entire process usually takes one to two years to complete.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently 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 limits. →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.