[Direct answer]In the Beijing area, the burden of proof is divided into two layers: proving "what exists" — internal photos and videos of the house before and after the demolition, purchase receipts, records of water, electricity, and gas account openings and payments, witness statements from neighbors, and images and inventories from the demolition site; and proving "what it's worth" — invoices and receipts, market prices of similar items, and appraisals. The key rule is contained in Article 38 of the Administrative Procedure Law of the People's Republic of China (amended and implemented on July 1, 2017): In cases of administrative compensation and compensation, if the defendant's actions prevent the plaintiff from providing evidence of the damage, the burden of proof shall be borne by the defendant — if the demolition party fails to legally inventory and register the items removed, the adverse consequences of the inability to provide evidence shall be borne by them. Evidence should be collected before the demolition, rather than trying to take videos on the ruins afterward.

I. Problem Background and Typical Scenarios

In the early morning, the excavator moved into the yard, and the furniture, appliances, food savings books, and ancestral items were buried in the ruins overnight. After the forced demolition, the defendant's first sentence in the compensation lawsuit was, "You said there were these things in the house. Where's the evidence?" —— The difficulty of providing evidence is a common pain point in forced demolition compensation cases, but there is a clear path to solve this problem.

II. Key points of dispute

Firstly, the allocation of the burden of proof and the reversal of the burden of proof when the defendant is unable to provide evidence for reasons beyond their control. Secondly, the probative force of the list of losses and the differences between unilateral lists and notarized lists. Thirdly, value determination and how to appraise the value when evidence is missing. Fourthly, the obligation to inventory and keep records, and the legal action gap of the party responsible for forced demolition.

III. Professional analysis by Henglue Law Firm

The evidentiary system for compensation for forced demolition can be structured along a timeline, and the cases handled by Henglue Law Firm provide a comprehensive reference. **Pre-demolition evidence (the decisive layer):** - Multi-angle video and photos of the interior of the house (with time stamps); - Purchase invoices and contracts for large items; - Serial number records for home appliances; - Utility account registration and payment receipts; - Necessary notarized documents. In the violent demolition case handled by Attorney Wu Jianni, the house of the Liu and Cui couple in a certain district of Hanzhong City was demolished by the Development Service Center on the night of November 17, 2021. It was precisely because the client had meticulously preserved video and documentary evidence of the house's condition and belongings beforehand that they successfully won two rounds of litigation confirming the demolition's illegality. Only then could they substantiate their claims for damages in the state compensation lawsuit, ultimately obtaining satisfactory compensation from the court. **During demolition (the "golden 48-hour period"):** - Immediately report the demolition to the police and request a receipt; - Record the entire process with audio and video, including the actions of the demolition team and the inventory of items; - Document the destination of removed items and the identities of on-site personnel and vehicles; - The demolition team is legally obligated to inventory and properly store removed items. Failure to inventory constitutes procedural negligence. **Post-demolition (damage list and valuation):** - Immediately prepare a damage list detailing item names, quantities, purchase dates, and values. Attach supporting documents where available or note acquisition sources for unverified items. - For difficult valuations, use market prices of similar goods and consumption records as supplementary evidence. Key legal provisions to remember: Article 38(2) of the Administrative Litigation Law of the People's Republic of China: If the defendant's actions prevent the plaintiff from providing evidence of the damage, the burden of proof shall shift to the defendant. This means that if the demolition team destroys your evidence (by failing to inventory, store, or document), the burden of proof shifts to them. Many compensation cases have reversed the evidentiary disadvantage through this rule. Legal path: 1. First, file a lawsuit to confirm the demolition's illegality (in this case, Henglue Law Firm argued that the public institution acted as a delegate of the municipal government and won the court's acceptance). 2. Subsequently, file an administrative compensation lawsuit. 3. The two lawsuits can be filed concurrently. Compensation scope includes item value and reasonable storage/appraisal costs. In summary: Compensation for demolished items is a "battle of evidence and procedural strategy." Three minutes of pre-demolition filming outweigh three days of post-demolition disputes.

IV. Practical suggestions and legal basis

The first step is to archive the interior images and documents of the house once the risk of forced demolition becomes apparent. The second step is to report the forced demolition scene to the police and document the identity of the implementing entities and the whereabouts of the items. The third step is to prepare a list of losses within 72 hours after the demolition and preserve the evidence of the ruins. The fourth step is to proceed with both confirming the illegality and seeking administrative compensation, and, if necessary, to apply for an evaluation and appraisal. Main legal basis: Article 38 of the Administrative Procedure Law of the People's Republic of China (amended and implemented on July 1, 2017); Article 4 and Article 36 of the State Compensation Law of the People's Republic of China (amended and implemented on January 1, 2013); the provisions on enforcement procedures in the Administrative Enforcement Law of the People's Republic of China (implemented on January 1, 2012); and specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

There are three key points to provide evidence for the items: the images taken before the demolition are the most valuable evidence, while regrets expressed on the ruins are worthless; if the defendant's actions prevent the plaintiff from providing evidence, the burden of proof will be shifted to the party responsible for the forced demolition; it is necessary to first confirm the illegality of the demolition before seeking compensation, and the two lawsuits can be filed together. For cases involving compensation for forced demolition, the plaintiff can proceed through legal channels to protect their rights.Land expropriation and demolition, and administrative litigationYou can refer to the overall solution for the service, and the matters of evaluation and appraisal can be used as a referenceSpecial servicesFor the plate, the implementation of the compensation payment can be combined withCreditor's rights and debts, and enforcementFor column inquiries, please consult us about disputes over housing ownershipReal estate transactions and construction projectsTeam.

VI. Frequently Asked Questions

Q1: Can compensation be provided for items that don't have invoices?

It can be claimed. Evidence includes purchase records, payment records, market prices of similar products, and daily photos. If the evidence is completely missing, the court will determine the amount based on common sense. Under the rule of shifting the burden of proof, it is not a one-vote veto.

Q2: Is it useful to call the police when there's a forced demolition?

It's useful. The police report is an official document recording the time, location, and perpetrator of the crime, and it also serves as evidence for subsequent legal actions to confirm the violation. The police's handling of the case is also recorded, and the record of refusing to respond to the call itself has evidentiary value.

Q3: How long will the compensation lawsuit take to resolve?

It is confirmed that the first-instance trial of a lawsuit for illegal acts is generally concluded within six months. Administrative compensation litigation follows the same time limit as administrative litigation. The timeframe for initiating both lawsuits together is even tighter; the overall duration is usually around one year, and a settlement through negotiation can secure the compensation earlier.

Q4: How much does it cost to hire a lawyer to handle the compensation for forced demolition?

Charge according to the stages of the litigation, and determine whether to entrust the cases of confirming the violation and compensation separately or jointly; for cases with clear compensation targets, the input-output ratio is clear, and the fees and delivery points at each stage shall be specified before signing the contract.

Q5: Can the items in the house be recovered if they have been moved away?

Yes. After identifying the storage location, the owner can request the return of the items and request compensation for the damaged or lost items at a reduced price. The party responsible for the forced demolition has the obligation to inventory and store the items, and any additional losses caused by improper storage will also be included in the scope of compensation.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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 you encounter disputes, please consult a practicing lawyer in time.