Before the negotiation, there are five things that need to be done: disclose information to verify the legality of the project, fix the evidence of ownership area, prepare all the proofs of operating losses, calculate the bottom line according to the compensation standards, and verify the qualifications of the contracting parties.
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The attorney's fees in expropriation cases are charged on a per-case basis, by the amount of the subject matter, or on an hourly basis; according to the "Measures for the Administration of Lawyer's Service Fees", risk-based representation is prohibited in administrative litigation; and the attorney's fees are generally borne by the client himself/herself.
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If the lessee of a commercial store encounters demolition, they can claim compensation for production and business losses, relocation fees, and decoration compensation; the compensation for the value of the house belongs to the owner of the property rights. If the contract has not expired, the lessee can terminate the contract in accordance with Article 563 of the Civil Code and claim compensation...
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If the compensation offered by the store is too low, you can file a lawsuit within six months from the date you receive the compensation decision, or first appeal and then sue. The compensation should include the losses caused by the suspension of production and business operations, and it should not be lower than the price of similar real estate in the market. It is necessary to fix the appraisal...
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The compensation shall not be less than the price of similar real estate in the market. If the appraisal report is subject to review or reassessment in a timely manner, and the compensation decision is deemed too low, the party concerned may file for reconsideration within 60 days or initiate legal proceedings within six months. It is prohibited to cut off water and electricity supplies to force e...
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The compensation for the house on the residential land = land compensation + resettlement assistance + house replacement price + attached objects and seedlings + relocation transition. According to Article 48 of the Land Management Law, the original living standard shall not be lowered; the area and resettlement qualifications are the focus of the dispute.
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The gaps in enterprise demolition negotiations lie in the inventory of compensation items, procedural leverage, and agreement terms. Lawyers can promote information disclosure, evaluation review, and litigation for reconsideration to avoid missing the signing of equipment relocation and production and business suspension losses.
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For illegal demolitions, it is necessary to first confirm the illegality before seeking compensation: the compensation includes direct losses such as the value of the house, the items inside the house, and relocation and transition costs, with a statute of limitations of two years. In judicial practice, the compensation is generally not less than the compensation standard.
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The absence of a construction license does not necessarily mean that the building is illegal. The demolition must be carried out in accordance with Article 44 of the Administrative Enforcement Law, with a public notice and a period of notice. During the period of review and litigation, the demolition cannot be carried out. If the building is forcibly demolished, the owner can file for review withi...
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The land compensation fees shall be owned by the village collective and distributed to its members. The compensation for young crops and attachments shall belong to the owners. The resettlement assistance fees shall be given to the people who need to be resettled. If the compensation is withheld, the villagers can protect their rights through three channels: public disclosure of village affairs, r...
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The criminal risks of SMEs are concentrated in areas such as taxation, financing, bribery, and employment. For first-time tax evaders who pay back the tax arrears and administrative fines, criminal charges will not be pursued. Five practical actions can help enterprises stay within legal boundaries.
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The defense of innocence revolves around four lines of review: objective evidence, expert qualifications, contradictions in confessions, and procedural legality. Only confessions cannot convict, and a verdict of not guilty should be made when the evidence is insufficient. The review and prosecution stage is a window of opportunity to strive for non-prosecution.
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The charge of contract fraud requires four types of evidence: the contract and the subject, the payment and the loss, the deception method, and the whereabouts of the funds. If the public security organ refuses to file a case, the complainant can request a review or apply to the procuratorate to supervise the filing of a case. The earlier the evidence is fixed, the greater the chance of recovering...
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Criminal compliance uses criminal law as a benchmark to prevent enterprises and entrepreneurs from being involved in crimes. Under the double punishment system, the risk directly threatens personal freedom. Traditional compliance focuses on administrative regulations. It is recommended to build a hierarchical system and conduct an annual criminal risk checkup.
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For the enterprises involved in the case who plead guilty, accept the punishment, complete the compliance rectification, and pass the review, the procuratorial organ may, in accordance with Article 177 Paragraph 2 of the Criminal Procedure Law, decide not to prosecute or make recommendations for leniency; in practice, the rectification period is usually six months to one year.
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