Property disputes, land acquisition and demolition, administrative
Chaoyang District, Beijing
About Lawyer Xu Xiaoqian
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Lawyer Xu XiaoqianPartner lawyer of Beijing Jingshi Law FirmDirector of Legal Affairs Department of Primary Land Development and Circulation of Beijing Jingshi Law FirmMember of All China Lawyers AssociationMember of Beijing Bar AssociationMember of Beijing Bankruptcy Law SocietyPracticing period: 10 yearsProfessional fields: litigation, arbitration legal services, administrative litigation, real estate construction engineering legal affairs, expropriation and demolition, etc
Lawyer Xu Xiaoqian
Beijing Jingshi Law Firm
Property disputesLand acquisition and demolitionAdministrative
The value of lawyer Xu Xiaoqian: [Judgment gist] In general, if the party fails to perform the relevant obligations within the time limit after the administrative organ has made and served the decision on demolition within the time limit, and the administrative organ organizes or orders other subjects to forcibly demolish, the party is not satisfied, and can take the administrative organ that made the decision on demolition within the time limit as the defendant to file an administrative lawsuit.
Lawyer Xu Xiaoqian's value: [Judgment gist] The land involved in the construction project site selection opinion in dispute in this case includes part of the land in Group 4, Zhaixi Village, Zhai Town, Yanshi City. Therefore, the issuance of the site selection opinion has a substantial impact on the land owners, and 22 plaintiffs, as villagers in this group, have an interest in the site selection opinion.
The value of lawyer Xu Xiaoqian: [Judgment gist] No administrative enforcement decision was made before the compulsory demolition, no procedures such as notice and announcement were performed, and no statement and defense of the parties were heard.The defendant's compulsory demolition lacks the basis for enforcement.
The value of lawyer Xu Xiaoqian: [gist of the judgment]According to the relevant provisions of the Administrative Compulsory Law of the People's Republic of China, administrative organs that do not have the power of administrative enforcement should apply to the people's court for compulsory enforcement, rather than autonomous enforcement.Even if compulsory execution is taken due to emergency risk avoidance, it shall be reported to the person in charge within 24 hours after the act is implemented and the approval procedures shall be completed.
Value of lawyer Xu Xiaoqian: [Judgment gist] Although the defendant claims that the house involved in this case is an illegal building, when the defendant dismantles the house involved, it should still be carried out in accordance with legal procedures, but the defendant's demolition is obviously illegal and has no revocable content, so it should be confirmed that the demolition is illegal.
The value of lawyer Xu Xiaoqian: [Judgment gist] The administrative organ failed to perform the procedures of hearing the plaintiff's statement and defense, making a reminder, and making a public announcement before implementing the demolition act, which violated the above legal provisions and the procedures were illegal and should be revoked.
Lawyer Xu Xiaoqian's value: [Judgment gist] Article 40 of the Urban and Rural Planning Law of the People's Republic of China cannot be used to regulate and apply the self built houses of rural villagers. This article applies to the situation where construction units and individuals should apply for planning permission for construction projects if they are carrying out buildings, structures, roads, pipelines and other projects in urban and town planning areas.
Lawyer Xu Xiaoqian's value: [Judgment gist] When the administrative organ dismantles the house, it should first make an administrative decision on the dismantlement according to the procedure and inform the administrative counterpart of the relief way.When it can be implemented, it is still necessary to carry out forced removal according to the procedure.
Lawyer Xu Xiaoqian's value: [Judgment gist] Article 40 of the Urban and Rural Planning Law of the People's Republic of China cannot be used to regulate and apply the self built houses of rural villagers. This article applies to the situation where construction units and individuals should apply for planning permission for construction projects if they are carrying out buildings, structures, roads, pipelines and other projects in urban and town planning areas.
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