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How to apply for compensation for property loss caused by forced demolition

Time: September 18th, 2024 label: Land acquisition and demolition Rights protection skills Reading: 1183 people
Lawyer's analysis:
one compensate for Request request.
If the victim wishes to obtain compensation, he/she must first report to the party responsible for the dispute settlement (i.e tort liability Person) to make a formal application;
At the same time, they can also apply for administrative reconsideration Or prepare to raise administrative proceedings At the same time, relevant requests shall be submitted.
two Liability Unit decision.
The party liable for compensation shall, upon receipt of declaration Within two months from the date of submit A detailed final compensation report shall be officially delivered to the claimant within ten days from the day when the decision is made.
If the party liable for compensation determines that no compensation is necessary, the party liable for compensation shall, within ten days after making the decision Written form Inform the claimant of compensation and explain the reasons for refusing compensation one by one.
3. Sublimate administrative litigation.
If the unit responsible for compensation fails to complete the decision on whether to make compensation within the specified time limit, the victim can Term expires Within three months from the date of prosecution Litigation;
However, if the claimant for compensation has doubts about the decision already made, he has the same right to apply to the judicial court within three months from the next day when the authority protection agency makes a decision on compensation or refuses to pay compensation appeal
4. Administrative reconsideration and judicial procedures.
Follow Reference《 administrative review law 》And《 Administrative Procedure Law 》Relevant procedures specified in the document shall be implemented.
Legal basis:
Regulations on the Acquisition and Compensation of Houses on State owned Land
Article 17 The compensation given by the people's government of the city or county level that has made the decision on the expropriation of houses to the expropriated person shall include:
(1) Compensation for the value of the house expropriated;
(2) Compensation for relocation and temporary resettlement caused by house expropriation;
(3) Compensation for the loss of production and business suspension caused by the expropriation of houses.
The people's governments at the municipal and county levels shall formulate measures for subsidies and rewards, and give subsidies and rewards to the people who are expropriated.
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Beijing Jingping Law Firm

Beijing Jingping Law Firm, founded in May 2010, is a legal service platform dedicated to safeguarding the rights and interests of relocated households, focusing on serving relocated households and helping them to strive for reasonable compensation for demolition. Beijing Jingping Law Firm has gathered a large number of outstanding lawyers from famous universities. At present, there are 140 full-time senior lawyers for land requisition and demolition throughout the country, 38 of whom have practiced land requisition and demolition for more than 10 years to safeguard the legitimate rights and interests of the relocated people. Beijing Jingping Law Firm has been awarded as Beijing Excellent Law Firm, Haidian District Excellent Law Firm, Beijing Advanced Law Firm Party Organization, Haidian District Advanced Party Organization, Beijing Advanced Collective of Judicial Administration System, and Haidian District Advanced Collective of Legal Aid for many times. Jingping undertook the compensation cases of land requisition and demolition nationwide, covering all provinces, cities and autonomous regions except Hong Kong, Macao and Taiwan. Through years of case handling practice, it has explored and accumulated rich experience in demolition and rights protection, which is deeply trusted by the clients. Jingping Relocation Law Firm has won a good reputation with its extensive professional knowledge, exquisite professional skills, rich practical experience and diligent professional ethics, and is in a leading position in the competition of the same industry. Jingping Law Firm hired Li Xiandong, a professor of China University of Political Science and Law who has a reputation in the field of legal theory and practice at home and abroad, and Ying Songnian, a leading figure in the field of administrative law who participated in the legislative work of the first Administrative Procedure Law, Administrative Punishment Law and Administrative License Law, as expert consultants and gave lectures in Jingping; In addition, Jingping Law Firm has also established a weekly training system, which not only improves the practice level of lawyers, but also provides good support for discussion and policy making in the face of difficult cases; Jingping Law Firm also invited the current and retired presidents of administrative divisions from courts at all levels, including the Supreme Court, to have a more accurate grasp of the legislative dynamics, legislative background and the thinking of judges' trial of administrative litigation through exchanges and interactions with them. Jingping Law Firm has successively published demolition and rights protection books such as "Practice and Case Analysis of Demolition and Rights Protection", "Guide to Commercial Housing Demolition and Rights Protection" and "Practice and Case Analysis of Demolition and Rights Protection", the second edition, summarized the work experience and rights protection skills of Jingping demolition lawyers over the years, and systematically sorted out the legislation and theories related to land acquisition and demolition in recent years. The book reflects a strong practical guidance, showing the process of land acquisition and demolition in the form of charts, and is written in a language that is familiar and easily accepted by the relocated households. The three monographs have arranged special sections to elaborate the resettlement compensation, forced demolition, evaluation and other contents concerned by the relocated households. It is also explained with targeted Jingping practical cases, so that readers can find their own problem solving strategies and confidence by referring to similar experience of others while learning professional knowledge. Jingping demolition lawyers are not afraid of power, rigorous and dedicated, always adhere to the lawyer's criticism and mission, and never forget the client's instructions. In 2017, lawyers' personal rights were violated twice. Lawyer Xue Zhengyi was robbed by nearly ten men of his backpack containing evidence materials of the case file within one hour after the opening of the court in Luzhou, Sichuan; After lawyers Gu Dongqing and Wang Zhiwei attended the hearing of a land acquisition case in Hubei Jingmen Intermediate Court, about 20 unidentified people openly besieged two lawyers.

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