In the process of demolition, it is often accompanied by various legal disputes and controversies. Among them, one of the issues that has attracted much attention is: can the house be forcibly demolished at the litigation stage? Many people have some questions about this, so on the issue of whether it can be forcibly demolished in the litigation stage or administrative reconsideration stage, Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, will talk to you.
Lawyer's interpretation
First of all, we want to make it clear: according to the relevant laws and regulations, in the litigation stage or administrative reconsideration stage, the demolished houses are not allowed to be forcibly demolished. This is the law's respect for and protection of citizens' legitimate rights and interests, and it is also a severe crackdown on illegal forced demolitions.
However, in real life, it is not difficult for us to find that some local governments or demolition parties have violated the law in the process of demolition. They often ignore the existence of the law and carry out forced demolition without regard for the legitimate rights and interests of the people being demolished. This kind of behavior not only violates the provisions of the law, but also seriously harms the interests of the people who are being demolished.
What if our house is forcibly demolished during the litigation stage or administrative reconsideration stage? First of all, we need to stay calm and not be swayed by emotions. Second, we need to collect relevant evidence in a timely manner, including photos and videos of the demolition site, so that we can prove our rights and interests in the subsequent legal proceedings. At the same time, we should also consult professional lawyers in a timely manner to understand our legal rights and rights and how to protect our rights.
In the legal procedure, if the person being demolished can prove that his house was forcibly demolished at the litigation stage or administrative reconsideration stage, then they have the right to require the demolition party to bear the corresponding legal responsibility. This includes requiring the demolition party to stop the forced demolition, restore the original state, and compensate for losses. If the demolition party fails to perform its legal obligations, the person being demolished may also file a lawsuit with the court to request the court to enforce the relevant legal liabilities.
In this process, we should pay special attention to the issue of state compensation for illegal forced demolitions. If the demolition party carries out the forced demolition without authorization at the litigation stage or the administrative reconsideration stage, then they will not only bear the legal responsibility for restoring the original state and compensating for losses, but also bear the liability of the state for compensation caused by the illegal forced demolition. This means that the person being demolished can not only obtain the corresponding economic compensation, but also require the demolition party to bear certain legal responsibilities.
Therefore, at the stage of litigation or administrative reconsideration, the house is not allowed to be forcibly demolished. This is the law's respect for and protection of citizens' legitimate rights and interests. If our house is forcibly demolished at this stage, we must take timely action to protect our legitimate rights and interests. At the same time, we also call on relevant departments to strengthen the supervision of demolition and relocation work to ensure that the demolition and relocation work is carried out in accordance with the law, fair and reasonable.
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 updating, so that he can 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.