Legal Information

26 2026-10

Do I need to compensate the other party for their losses in the event of a security breach?

According to Article 108 of the Civil Procedure Law, if there are errors in the application for preservation of evidence, the applicant shall compensate the losses of the respondent; if there are errors in the excessive seizure, the mis-freezing of the third party's property, or the malicious application, the applicant may be held liable for the errors, and the compensation shall be limited to the...

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26 2026-10

How to apply for pre-litigation property preservation?

Pre-litigation property preservation must be applied to the court where the property is located or the defendant's residence, and the application, guarantee and property clues must be submitted; according to Article 104 of the Civil Procedure Law, the plaintiff must file a lawsuit within 30 days, otherwise the property preservation order will be lifted.

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26 2026-10

What are the criteria for determining illegal forced demolitions?

The determination of illegal demolition shall be based on three criteria: the subject, the procedure, and the basis. Administrative authorities are not allowed to carry out demolition without authorization and must apply to the court for enforcement. Within six months, the demolition victims shall file a lawsuit to confirm the illegality and claim compensation, and they should fix the evidence of ...

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26 2026-10

What are the legal grounds for the unreasonable compensation in the expropriation process?

If the compensation for expropriation is unreasonable, the expropriated party may invoke Article 48 of the Land Management Law, the principle of fair compensation, and Articles 2 and 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land to protect their rights, including provisions such as the evaluation of the compensation amount at no less than the market pric...

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26 2026-10

Can Hengluo Lawyers represent clients in administrative litigation against forced demolitions?

Beijing Hengluo Law Firm can handle cases such as confirming the illegality of forced demolitions, seeking administrative compensation, and revoking decisions on illegal construction; according to the "Administrative Litigation Law", citizens can entrust lawyers to act on their behalf. Professional representation is conducive to preserving evidence and meeting deadlines.

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26 2026-10

What are the legal consequences of a notice to demolish unauthorized buildings?

Upon receiving the notice of demolition of illegal buildings, if the owner fails to request a reconsideration, file a lawsuit, or carry out the demolition within the specified time limit, the building will be forcibly demolished. There is a 60-day reconsideration period and a six-month lawsuit period after the notice is issued. If the owner fails to comply with these time limits, they will lose th...

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26 2026-10

Can I call the police if I encounter forced demolition?

When encountering forced demolition, you can and should call the police in time. The police report can fix the time of the forced demolition and the subject and losses involved; however, the police often regard it as an administrative dispute, so you need to simultaneously file an administrative lawsuit to confirm the illegality and apply for compensation.

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26 2026-10

How to write an application for administrative reconsideration?

The application for administrative reconsideration shall specify the applicant, the respondent, the request for reconsideration, the factual reasons, and attach evidence; according to the Administrative Reconsideration Law, the application period is generally 60 days from the date when the applicant knows about the administrative act.

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26 2026-10

What are the compensation standards for the demolition of storefront buildings?

The demolition compensation for storefronts includes the value of the house, relocation subsidies, and losses from production and business suspension. The standards are determined based on appraisals and market prices, and if there are any objections, applicants can request a review and appraisal.

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26 2026-10

How to determine whether a tax collection decision is illegal?

If the expropriation decision is illegal, an administrative lawsuit can be filed to confirm the illegality or revoke it. The key points to review include authority, procedures, public interests, and the basis of the documents. The lawsuit should be filed within six months.

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26 2026-10

How to attend the hearing on compensation for expropriation?

For objections to the compensation plan for expropriation, a hearing may be requested: If most of the expropriated people believe that the plan does not comply with regulations, the government shall organize a hearing; to participate, they must bring the ownership and evaluation materials and make statements in accordance with the law.

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26 2026-10

What is the approach of a lawyer handling the demolition of illegal buildings?

The demolition lawyers specializing in illegal construction focus on identifying the illegality of the demolition process and challenging the decision to demolish: they verify the planning permits, file appeals against the demolition decisions, and ensure that the demolition must be announced and notified, followed by enforcement by the court.

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26 2026-10

What should you do if your house is forcibly demolished during the urban renewal process?

When the houses in the shantytown are forcibly demolished, it is necessary to fix the evidence on site. For the illegal demolitions that have not been applied for court enforcement, it is necessary to file a lawsuit to confirm the illegality and claim compensation, paying attention to the six-month statute of limitations for filing a lawsuit.

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26 2026-10

Can urban household registration holders inherit the compensation for the expropriation of residential land?

Children with urban household registration can legally inherit the houses on the residential plots and receive compensation for expropriation as long as the houses still exist. However, the right to use the residential plots follows the houses, and it's difficult to separately inherit compensation for empty land or land without houses.

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26 2026-10

Is there a high probability of an appeal leading to a different verdict after the first-instance judgment?

After the first-instance judgment, an appeal does not necessarily result in a change of the verdict. Whether the verdict will be changed depends on whether there are factual or legal errors in the first-instance judgment. Criminal appeals are protected by the principle of "no heavier punishment on appeal", and the appeal brief should be submitted within ten days.

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