Whether the forced demolition of developers constitutes a crime

For the illegal building, the law enforcement agencies first verify the situation and make inspection and investigation records to clarify the nature of the illegal building. Subsequently, the party concerned will be given a self removal period (one to seven working days) through the notice of violation and other publicity. If the parties do not cooperate, they will apply to the court for a notice of self demolition within a time limit according to law. After written urging, the illegal construction will be forcibly demolished after the expiration of the time limit. The whole process strictly follows the regulations.

Unlawful demolition of another person's property is considered a criminal offence. According to Article 275 of the Criminal Law, intentional destruction of property is punishable by fixed-term imprisonment of not more than three years, criminal detention or a fine depending on the seriousness of the circumstances, and the term of imprisonment for those with serious circumstances can be not less than three years but not more than seven years. The relocated people can safeguard their rights and interests through the Administrative Procedure Law, and their legal rights are protected.

The municipal department has the right to retain the podium buildings that threaten the safety of non-standard buildings or have a significant impact on the public interest, confiscate the illegal buildings and illegal profits according to law, and impose a fine not exceeding 0% of the total project price. Illegal buildings are built outside the planned area without permission, which violates the Land Management Law and other laws.