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According to the relevant provisions of the Civil Code of China, the owner of the real right may require the usurper to return the original object and compensate for the loss. If the act of misappropriation causes material damage, the holder of the real right may file a lawsuit to claim compensation or other civil liabilities. In case of real estate rights, the relevant owner shall provide necessary assistance. Therefore, the property holder has the right to recover the economic losses caused by the encroachment through legal means. #Land acquisition and demolition 983 readings -
The key to whether land encroachment constitutes a crime of encroachment lies in the analysis of land ownership and the nature of encroachment. If an individual or unit illegally occupies another person's land, which is of great value and refuses to return it, it may violate Article 270 of the Criminal Law. It needs to be comprehensively evaluated in combination with land use, scale, value, occupation duration and other factors. If the behavior complies with the law and reaches the filing standard, it will constitute the crime of embezzlement; Otherwise, it will not be recognized. #Land acquisition and demolition 1292 readings -
One year before the expiration of the land use right, the user must apply for renewal, whether the original fixed term has expired or is approaching the end. The same applies if the contract has expired. However, if the government needs to recover the land due to public interests, the application for renewal will be rejected. #Land acquisition and demolition 1167 readings -
The conditions for exemption of civil liability involve the fault of the third party, force majeure, justifiable defense, emergency avoidance, etc. When the damage originates from a third party other than the defendant and the plaintiff, or is caused by unforeseeable objective forces, as well as acts to protect their own or others' rights and interests in self-defense or emergency hedging, it may be considered as a reason for exemption. In case of injury to the recipient due to voluntary emergency rescue, the rescuer usually does not need civil liability. #Land acquisition and demolition 949 readings
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The change of individual name must be carried out in accordance with the law, in accordance with the Household Registration Regulations, and the application for change registration must be made to the public security department. Similarly, when legal persons and unincorporated institutions create, change or transfer names, our laws have strict provisions and procedures, including registration procedures. Any act of changing or transferring the name right must be operated according to legal procedures. #Land acquisition and demolition 839 readings -
The Criminal Law clearly punishes illegal land occupation: illegal occupation of cultivated land, especially over 5 mu of basic farmland (more than 10 mu outside the basic farmland), which is used for non-agricultural construction such as building houses, mining, etc., causing large-scale destruction or serious pollution, will be convicted and punished according to law. Such acts touch the legal red line and will be severely punished. #Land acquisition and demolition 953 readings -
There are significant differences between neighboring relationship and easement in the way of establishment, legal relief and original intention. The former is based on legal rules, without agreement, and protects rights through ownership obstruction litigation; The latter requires the agreement of both parties in the contract, and the injured easement can be sued directly. Easement aims to maximize rights and interests and follow high social standards, while neighboring relationships focus on basic living needs, set minimum use standards and focus on right balance. #Land acquisition and demolition 1380 readings -
Foreign contracting projects should focus on the production of export commodities and the promotion of foreign exchange earnings, combining regional, industrial and professional characteristics. The project sponsor needs to sort out the details of project initiation, form a detailed plan, and apply in the form of project proposal. Further carry out in-depth project feasibility analysis, and finally prepare a formal feasibility study report to provide a basis for decision-making. #Land acquisition and demolition 1078 readings
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