With the continuous advancement of urbanization, land acquisition and demolition is an indispensable development path. Once we and the demolition party do not reach an agreement, in some places, in order to speed up the progress of the work, the demolition party may take water cuts, power cuts, road closures, illegal forced demolitions, and the work of relatives and friends as a threat to force the people to relocate, which has seriously touched the bottom line of the law, in the face of illegal eviction, the demolition party can not escape these responsibilities, then the following is the reasonShi Xining, director of Beijing Jingkang Law Firm, co-director of the Institute of Property Rights and Land System of Northwest University of Political Science and Law, and distinguished professor of the School of Law of Northwest University of Political Science and LawLet's talk to you.
Lawyer's interpretation
First of all, according to the provisions of the Expropriation Regulations, no unit or individual may force the expropriated person to relocate by violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, electricity supply and road traffic in violation of regulations. If the demolition partyWhat are the responsibilities that should be borne when the above illegal means are used to force the people to relocate, mainly the following points:
1.Administrative Liability
According to Article 7 of the State Compensation Law, "Where an administrative organ and its staff infringe upon the legitimate rights and interests of citizens, legal persons or other organizations in the exercise of their administrative powers, causing damages, the administrative organ shall be the organ obligated to compensate." Where two or more administrative organs infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the joint exercise of administrative powers, causing harm, the administrative organs jointly exercising administrative powers are the organs with a joint obligation to compensate.
It can be seen from this that when the municipal and county-level people's ** or housing expropriation departments and departments related to housing expropriation and compensation and their staff violate the provisions of the "Regulations on Expropriation and Compensation" and relevant laws, regulations and rules in the housing expropriation and compensation work, and carry out professional acts, causing losses to the administrative counterpart or stakeholders, they shall bear the responsibility for administrative compensation in accordance with the law. Among them, if the housing expropriation implementation unit and its staff entrusted by the housing expropriation department engage in housing expropriation and compensation work within the entrusted authority, causing losses to the administrative counterpart or stakeholders, the people's ** at the city and county level under the housing expropriation department shall be the compensation obligation organ.
2.Civil Liability
The purpose of the perpetrator's "illegal means" is to force the expropriated person to relocate, and his act is an act of duty on the part of a staff member of an administrative organ. However, if the purpose of the perpetrator in these illegal ways is not to force the expropriated person to relocate, but to carry out the act of the staff of the administrative organ for personal purposes, such as to collect personal arrears or due to family or marital disputes, then his act is not an act of duty, and the consequences of the act are not administrative liability, but civil liability or criminal liability.
3.Criminal liability
If, in the process of housing expropriation and relocation, a staff member uses violent means to intentionally injure the person subject to expropriation, he shall be convicted and punished in accordance with the relevant provisions of the Criminal Law as the crime of intentional injury. If the property of the expropriated person is damaged, and the amount is relatively large or there are other serious circumstances, it shall be convicted and punished as the crime of intentional destruction of property.
4.Responsibility for public security administration punishments
According to the provisions of the "Public Security Administration Punishment Law", those who disturb public order, obstruct public safety, infringe on personal rights and property rights, obstruct social management, and are harmful to society, and constitute a crime in accordance with the provisions of the Criminal Law, shall be investigated for criminal responsibility in accordance with law;Where criminal punishment is not sufficient, the public security organs are to give public security administrative penalties in accordance with the Law on Public Security Administration Punishments.
To sum up, in the process of housing expropriation and relocation, if the actor infringes upon the legitimate rights and interests of the administrative counterpart or interested parties in an illegal manner, he can protect his rights in accordance with the law and let the actor bear the adverse legal consequences.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and Xi in order to calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.