Reading guide:In China's house demolition, it is necessary to implement the basic principle of compensation first and then relocation. When the parties did not sign an agreement, received compensation, or relocated, the demolition personnel carried out a surprise attack and demolished the house. This is a typical act of illegal demolition, and its essence is illegal forced demolition. At the same time, it also violates the principle of housing expropriation of sunshine demolition and reasonable compensation.
Facts of the case:
Three excavators demolished the houses of the parties in half an hour
According to **, the demolition crew used three excavators to demolish the house. The old man's second son rushed to hear the news, but was blocked by a group of strangers at the door of his house and was violently attacked, and the tendons of his fingers were cut and broken.
According to the old man, there were about 100 people standing outside the door, and they were dragged into an ambulance parked on the side of the road and controlled. Then three excavators drove up to his house, and after half an hour of work, the house was in ruins.
The old man told ** that more than 60 households were to be demolished in the location of his house, and it had been basically completed two or three months ago.
The reason why he has not signed the agreement is that when the demolition policy came down, his youngest son happened to get married. According to the household registration policy, daughters-in-law can move their household registration to their village according to the husband and wife, but the village does not allow it. The old man thought it was unreasonable, so he refused to sign the agreement, and as a result, he was forcibly demolished in the early morning.
At present, the local neighborhood office and the public security organ have intervened in the investigation.
Lawyer's point of view: This is a typical illegal demolition, and its essence is illegal forced demolition
China's house demolition implements the basic principle of compensation first and then relocation. In this case, when the parties did not sign an agreement, received compensation, or relocated, the demolition personnel carried out a surprise attack and demolished the house. This is a typical act of illegal demolition, and its essence is illegal forced demolition. At the same time, it also violates the principle of housing expropriation of sunshine demolition and reasonable compensation.
We can also simply reverse that if it is a legal demolition, there should be a series of expropriation documents, giving fair and reasonable compensation to the parties, and giving a time limit for relocation, rather than being in such a hurry to demolish secretly. Moreover, legal demolitions are usually carried out openly during the day, so how can they choose the early hours of the morning
It is illegal to carry out demolition by violent means
More than 100 people surrounded your door, believing that everyone's heart was panicked, and violent measures were used in the demolition process.
According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 27.
No unit or individual may use violence, threats, or illegal means such as cutting off water supply, heat supply, gas supply, power supply, or road traffic to force the expropriated person to relocate. Construction units are prohibited from participating in relocation activities.
Judging from the above cases, the violent acts of the demolition workers have violated the relevant legal provisions.
Even legal demolition should go through the legal process
According to the law, there is a strict legal process for the compulsory demolition of a rural house.
If the parties do not sign the contract, relocate, apply for administrative reconsideration or file an administrative lawsuit within the specified contract period, the expropriating party will issue a decision ordering the land to be handed over.
Judging from this case, it is clear that the demolition personnel did not produce any documents and did not give the parties the opportunity to defend their rights independently, so they hurriedly and forcibly demolished the parties' houses. This is clearly an illegal expropriation process.
Where property damage is caused by forced demolition, compensation may be demanded in accordance with law
The demolition personnel beat and injured the party's son, and they are already suspected of committing the crime of "intentional injury". The demolition personnel shall also bear the resulting medical expenses.
However, the parties concerned may claim reasonable compensation for the property damage caused by the forced demolition. If it is the act of the demolition company, it can sue for compensation for property damage in accordance with the Civil Procedure Law. If it is an act of **, then compensation for the loss of property can be claimed in accordance with the State Compensation Law.
At the time of the demolition, the old man's son was going to get married. Then, according to China's household registration management system, his daughter-in-law can settle down. Because marriage and settlement are not within the scope of the demolition and relocation freeze of household registration, it is a legitimate and legitimate reason. The local village committee did not agree to settle down, which is actually illegal.
Why did it steal it?Forced demolitionIn succession?
Or a "profit" word head. According to the Ministry of Finance, the income from the transfer of state-owned land use rights reached more than 4 trillion yuan. Over the past few years, land finance has made some localities lazy to enrich their finances through the "down-to-earth" way of scientific and technological innovation and industrial development. I have become Xi to selling land and houses, and the income is fast and laborious. However, behind this, it is inevitable that it involves irregular operations of land acquisition and house demolition, and illegal land acquisition and demolition occur from time to time.
In addition, towards the end of the year, the progress of the demolition project is under great pressure and the task assessment is tight. There are requirements above, and the expropriator has to speed up. At this time, it is not reasonable and legal to take into account, and the house is demolished first, and the land is expropriated, so that it is easy to make a difference. This will also lead to frequent acts of illegal demolition and forced demolition.
It's just that the expropriated person suffers and becomes a stepping stone for others. At this time, only the law can be a sword to protect our legitimate rights and interests. The expropriated person should stand up bravely and rely on ***