Every person be expropriationed should understand: Illegal forced releasing, ask for debit what to l

Tear open change, we talk about good compensation, will tear open a room again, so tear open indulge do not have dispute. But reality often wants cruelty much. Some people acquired a few buildings in tearing open change, millions of, compensation of money of a few ten million. Also have the compensation that tore open change door to obtain inequity, even the building sufferred strong move.

Impress, strong move is law makes clear illicit, why so many person experience still arrived to break the law to tear open change compulsively?

The 400 bungalow house of lady of Gansu Province grandson, produce evidence all ready, and be commercial property. Because of municipal project, need collects whole area. But compensation did not talk good all the time. Ask for debit to be spent to drive a project to enter, in did not allot any legal files, below the case that did not take legal course, direct arrangement grab demolished the building compulsively. Caused huge loss to Ms. Sun.

Such force tears open change compulsively, breaking the law to tear open change compulsively is the purpose that violates sunshine to tear open change, law to tear open change. Such behavior ought to be checked, should punish severely responsibility personnel lawfully. So, in the light of break the law to tear open change compulsively, how does law set, what is punished?

Basis " administration of People's Republic of China is compulsive law " the 61st regulation, the executive authority carries out administration to enforce, those who have one of following state, perhaps instruct about the branch by ranking executive authority correct, to the director that is in charge of directly personnel and personnel of other and direct responsibility give disciplinary action lawfully:

(one) without law, code of the basis;

(2) change administration is compulsive of object, condition, means;

(3) disobey legal process to carry out administration to enforce;

(4) disobey this code to decide, in nightly legal perhaps holiday executive administration carries out compulsively;

(5) stop water supply, power supply, heat addition to residing the people's livelihood to be adopted alive, fulfill relevant administration to decide for lighting the means such as gas to force party;

(6) have other violate executive administration of compelling case.

The 68th sets

Disobey this code to decide, to citizen, legal person other perhaps organization causes losing, offer compensation lawfully.

Disobey this code to decide, those who make crime, investigate criminal duty lawfully.

In the process that tear open change, commonly only these two kinds tear open change compulsively is lawful. That is apply for people court to be carried out compulsively lawfully by government of people of the city that makes a building collect a decision, county.

Basis " house of state-owned land main rooms is collected with compensation byelaw " (the State Council 590 order) the 26th regulation, the building is collected the branch is in with person be expropriationed before the lot that collects compensation program to decide is made an appointment with, be restricted inside do not amount to compensation agreement, perhaps be collected building droit the person is ambiguous, collect a branch to apply for approval by the building according to of government of people of the city that makes a building collect a decision, county the regulation of this byelaw, according to collect compensation program to make compensation decision, collect in the building give inside limits announcement.

Person be expropriationed decides disaffected to compensation, can apply for administration to reconsider lawfully, also can mention lawsuit of politics of start on a journey lawfully.

The 28th sets, person be expropriationed applies for administration to reconsider what also do not mention lawsuit of politics of start on a journey in the both neither inside legal time limit, do not remove again inside the term that decides a regulation in compensation, apply for people court to be carried out compulsively lawfully by government of people of the city that makes a building collect a decision, county.

Basis " administration of People's Republic of China is compulsive law " the 44th regulation, to violating a building, build the need such as content, establishment to be demolished compulsively, ought to give by the executive authority announcement, deadline party proper motion is demolished. Party does not apply for to administration is reconsidered or mention lawsuit of politics of start on a journey inside legal time limit, do not demolish again, the executive authority can be demolished compulsively lawfully.

Accordingly, change is torn open compulsively in what two kinds of afore-mentioned programs eliminate in tearing open change outside, it is to break the law. At the same time afore-mentioned programs must according to is legal program, disobey legal process to also should assume legal responsibility.

If your building tears open change to had encountered,break the law collect, perhaps be faced with break the law collect, you ought to consult the professional lawyer that tear open change in time, get legal support, the help strives for reasonable compensation.

Civil / love earth tears open change lawyer round Yi Kui