Before the demolition negotiations, first apply for information disclosure to verify the scope of the expropriation, strictly adhere to the three items of statutory compensation and the 10-day evaluation review, first verify the qualifications of the subject and then sign the agreement.
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The compensation for the expropriation of residential plots includes land compensation fees, resettlement assistance fees, compensation for houses and attached structures, and social security fees, which are determined by the comprehensive land prices of the districts announced by the provinces, regions, and cities.
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At the scene of the forced demolition, first ensure safety, call the police, and take photos and videos for evidence. Keep the ownership certificates, and within six months from the date of the forced demolition, you can sue to confirm the illegality and apply for state compensation.
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The land expropriation compensation should ensure that the original living standard will not be reduced; if you are not satisfied with the compensation decision, you can file for reconsideration within 60 days and file a lawsuit within 6 months. If you have not received compensation, you have the right to refuse to hand over the land.
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Generally, there will be no compensation for the demolition of illegal buildings, but unlicensed buildings do not necessarily constitute illegal construction. If the demolition is carried out in violation of legal procedures, the illegality can be confirmed and the applicant can apply for state compensation. The applicant can also seek redress through administrative reconsideration within 60 days.
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If the demolition compensation is lower than the market price or the agreed standard, you can apply for information disclosure, request a reconsideration within 60 days, or file a lawsuit within six months. The compensation must not be lower than the market price of similar real estate.
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Civil litigation against government officials is not impossible to win: the defendant bears the burden of proof, and the case should be dismissed if the main evidence is insufficient or the procedures are illegal; the key to winning the case lies in identifying specific illegal points, seeking remedies within the statute of limitations, and providing evidence based on market prices.
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When choosing an administrative litigation law firm, there are five key factors to consider: experience in handling similar cases, in-depth knowledge of administrative law, the ability to handle both review and litigation cases, control over procedural and evidentiary matters, and fee-charging standards; administrative litigation prohibits contingency fee arrangements.
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The compensation for cultivated land is determined according to the comprehensive land price of the district announced by the province, which includes land compensation fees and resettlement assistance fees, as well as compensation for seedlings and above-ground structures and social security costs. The compensation varies from thousands to tens of thousands of yuan per mu in different regions.
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The losses from production and business suspension shall be determined in accordance with Article 23 of the Expropriation Regulations based on the efficiency and duration of the suspension, and shall be listed as statutory items alongside the value of the house and relocation and resettlement; the qualifications of the expropriation entities must be verified before signing the contract.
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If the compensation is lower than the market price, the signatory may refuse to sign the agreement and request a review and litigation according to law. According to the principle of compensation first and relocation later, if the signatory does not receive reasonable compensation, they cannot be ordered to surrender the land or face forced demolition. The review period is 60 days, and the litigat...
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If the compensation is deemed unreasonable, applicants can request an evaluation review (within 10 days of receiving the report), and may file an appeal against the compensation decision within 60 days or initiate legal proceedings within six months. In cases where the authorities insist on providing compensation before relocation, a case involving a delay of over ten years was ordered by the revi...
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When a family member is detained by criminal custody, they should hire a lawyer on the day they receive the notice. During the investigation period, only lawyers are allowed to meet with the detainee (within 48 hours), and the first 37 days are the golden period to decide whether to approve the arrest or grant bail. In some cases, the detainee may be released on bail after seven days of criminal c...
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After being detained in criminal custody, one can apply for bail pending trial at any time without any waiting period limit. The golden window period is within 37 days after detention, during which one can strive to avoid being approved for arrest and instead be granted bail. After the approval for arrest, one can still apply for a review of the necessity of detention.
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Criminal detention is a coercive measure rather than a conviction, and guilt cannot be determined without a court verdict; after criminal detention, the case may be withdrawn, bail denied, prosecution dropped, or acquittal granted. The maximum period of 37 days is a crucial juncture. In a certain fraud case, the prosecution was ultimately dropped, and there was no criminal record left.
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