Be torn open the road that the thought of change door fors the time being is hardships. Be being torn open in change door and the process that the branch that tear open change negotiates, the phenomenal common occurance of illegal forced releasing. Although after the event is torn open,change door can strive for the compensation of the building through legal approach, but the property that mars in forced releasing process often hard statistic and affirm, its evidence work is fulfilled very hard also. My general is opposite here losing of the belongings after forced releasing maintains the specification that has legal point of view.
In administrative lawsuit, the quote duty that administrative action violates is assumed by accuser. Also have in principle of law of our country lawsuit " who advocates, whose quote " principle, special apply to belongings losing problem.
Our country " administrative procedural law " thirtieth sets 7 times: "Accuser can carry the evidence that breaks the law for proving administrative action. The evidence that accuser provides does not hold water, do not avoid the quote responsibility of the accused. Do not avoid the quote responsibility of the accused..
But put when major program breaks the law when administrative action, what if tear open change branch to carry out,violate legal order is compulsive when demolishing behavior, ought to assume initial quote responsibility by person of the change that be torn open, executive mechanism ought to assume the quote responsibility of specific loss amount. If its are indemonstrable, the number that ought to advocate according to person of the change that be torn open and provided preliminary evidence proof tries to compensate for.
Tearing open the weak power position in change activity in view of person of the change that be torn open, the belongings loss amount that asks its quote is specific indeed very difficult, put when major program breaks the law when forced releasing behavior especially, person of the change that be torn open more hard damage of property of sufficient quote proof, destroy the specific amount that lose.
" administrative procedural law " thirtieth 8 the 2nd: "In case of administrative compensation, compensatory, the harm that accuser ought to cause to administrative action provides evidence. Because the reason of the accused brings about accuser cannot of quote, assume quote responsibility by the accused. Assume quote responsibility by the accused..
Lawyer of round Zhao of De Kai's lawyer hints: Above is only to already the legal proposal when forced releasing building holds property, but do not have to returning by forced releasing tear open change door people, what should do most now is the property in statistical good home, take the testimony such as good picture, kinescope. Such although abrupt forced releasing, also sufficient evidence can ask to be compensated for accordingly.
