In 2015, Chen Yi returned to his hometown to start a business after graduating from university, and met Shen Ping, who was very successful in starting a business in the same village. In 2013, Shen Ping signed a land lease contract with some villagers to lease some villagers' farmland for the construction of an ecological farm. Chen Yi signed the "Farm Lease Contract" with Shen Ping, leased Shen Ping's farm for a period of 22 years, obtained the right to use the land involved in the case, invested a large amount of money and equipment to build sheds, and used the transferred land to engage in production and operation such as cattle and sheep breeding, forage planting and processing.
In April 2021, Chen Yi paid a two-year management fee of 6,000 yuan to the village committee to set up a farm to plant forage and forage processing on the leased land. In December 2021, it also won the "Top Ten Entrepreneurship Exhibition Projects" award from the County Human Resources and Social Security Bureau and other departments.
Seeing that the development is getting better and better, Chen Yi is full of confidence and doesn't want to disappoint people's wishes. At the beginning of August 2023, the town government issued the "Decision on Ordering the Demolition of Illegal Buildings (Structures) and Related Facilities within a Time Limit", claiming that Chen Yi violated regulations by building sheds and other buildings on the plot involved in the case without the approval of any organization, and required him to demolish the building (structure) and restore the land to its original state within a time limit.
After years of hard work, Chen Yi was very unwilling, he inquired many times and found Wei Yuchun, a lawyer from the Shi Xining director lawyer team of Beijing Jingkang Law Firm, for help.
Jingkang lawyer's demeanor
After hearing Chen Yi's situation, Lawyer Wei already knew in his heart that Lawyer Wei had also represented many similar cases, and after communication, he sued the town government to the court with a complaint.
In the course of the litigation, the town government argued that the "Decision on Ordering the Demolition of Illegal Buildings (Structures) and Related Facilities within a Time Limit" was in the nature of a notice and a procedural act of notification, not the final punishment of the illegal building, and did not have an actual impact on the plaintiff's rights and obligations, and was not an actionable administrative act. Moreover, the plaintiff violated the law by occupying land for the construction of sheds and other buildings without the approval of any organization.
According to Article 83 of the Land Management Law, the decision to order demolition within a time limit was not a procedural notification act as the defendant argued, but an administrative penalty and an actionable administrative act. The defendant town government believed that Chen Yi had occupied the land to build sheds and other buildings without approval and filed the case on August 1, 2023, and submitted to the court four photos of the buildings involved in the case, which could only reflect the current situation of the buildings. According to article 44 of the "Administrative Punishment Law of the People's Republic of China", before making an administrative punishment decision, the administrative organ shall inform the parties of the rights they enjoy in accordance with the law such as the right to make statements and defenses.
Case outcome
In the end, the court adopted Mr. Wei's opinion and revoked the Decision on Ordering the Demolition of Illegal Buildings (Structures) and Related Facilities within a Time Limit) issued by the defendant town government on August 8, 2023. (Except for the lawyer, the names of the other characters in the article have been changed)
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.