100 points Xuzhou Ouzhuang demolition compensation problem, urgent! ! !

How to get more compensation for demolition?

Important: Be sure to find out whether the demolition person is legal? Come and talk! Demolition companies often use psychological hints to beat your courage. For example, there is no house that the government cannot tear down!

First, the conversation skills during the demolition announcement

When the demolition announcement is issued, when the demolition staff negotiates the demolition agreement with the demolished person, if the legal requirements of the demolished person (such as property rights exchange) are rejected, the demolished person should make reasonable demands according to law, negotiate patiently with him and talk kindly, and never intensify the contradiction, not to mention that I won't move without much money.

Two, carefully design the administrative litigation to suspend the administrative ruling.

When the demolisher claims to make a ruling or has just informed the relocated households to attend the ruling meeting (it usually takes one month from filing the ruling application to issuing the ruling), one or more of the relocated households may bring an administrative lawsuit to the grass-roots court. Generally speaking, it is not appropriate to file a lawsuit only two months before half of the people are within the scope of demolition or the announcement of demolition. Through litigation, the demolished people will be dragged into the quagmire, so that they will not get an administrative ruling for a long time. Without an administrative ruling, it is impossible for the demolished to carry out legal forced demolition.

Three, have no right to decide during the proceedings.

According to Item 2 of Article 12 of the Working Rules of Administrative Adjudication on Urban House Demolition issued by the Ministry of Construction, if the demolished person files a lawsuit against the demolition permit, the administrative adjudication on demolition shall be suspended, so that there will be no legal administrative or judicial compulsory demolition, which is very beneficial to the relocated households.

Four. Consequences of making an award during the proceedings

If the case of demolition permit is not closed in the second instance, the demolition department will still make a ruling illegally, and the demolished person will appeal to the Supreme Court, and the ruling will definitely be ruled illegal and invalid! Subsequent judicial or administrative demolitions or decisions based on illegal and invalid rulings are illegal and invalid, and the victims have the right to claim compensation from the state.

Verb (abbreviation of verb) starts the second administrative lawsuit in time after the court accepts it.

After the court accepts it, even if the reasons for demolition are very sufficient. Most courts will decide the plaintiff to lose the case in the shortest time. At this time, it is necessary to design the second trial in time before the judgment of the first instance. Our purpose is to delay the time!

Six, request to suspend the administrative litigation of first instance, continue to use legal means to extend the time of administrative litigation cases of first instance.

1. In view of the problems existing in the evidence submitted by the defendant, the demolished person may file a second administrative lawsuit on the problems he learned when reading the papers before or after the judgment of the first instance is made (which shall not exceed the time when the judgment of the second instance is made).

2. After the court accepts the case of second instance, the plaintiff shall voluntarily submit a written application to the court of first instance with the notice of acceptance of the case of second instance, requesting the court to suspend the litigation of the case of first instance in accordance with the provisions of Item 6 of Article 5 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Execution of Procedural Law. If the court still makes a judgment that does not suspend, the appeal to Beijing Supreme Law will be revoked! Remember: the longer the first case drags on, the better it will be for the relocated households. Because residents can't wait, they can only raise the compensation standard themselves.

Seven, the legal consequences of violent demolition "forced trading"

The author has represented many relocated households in the third lawsuit (it took about one year to fight three lawsuits), accusing the developer of illegally obtaining the qualification certificate of real estate development (which is a necessary condition for obtaining the approval documents of construction projects), and the developer was too late. Before the second-instance judgment of the first case of administrative litigation was issued, he forcibly demolished the shops and houses of dozens of relocated households. The relocated households submitted the report materials and video materials of the forced demolition to * * * *, and strongly demanded that the criminal responsibility of the forced demolition and the behind-the-scenes commander be investigated for the crime of "forced trading" (Article 226 of the Criminal Law), and demanded that civil compensation (non-compensation) be attached. Developers have no choice but to promise to compensate shops and businesses for their losses.

Eight, case handling and litigation costs

Of course, how to deal with the above-mentioned cases and whether it is necessary to invite insiders or lawyers to represent them depends on the comprehensive situation of the relocated households. It is an example for one person to file the above lawsuit, and dozens or hundreds of people are all * * * because of the same lawsuit request, which is only an example. The court only accepts 50 yuan in one case. However, the case that refuses to accept the demolition ruling is a case and cannot be tried together.

Nine. Remedial measures after forced demolition

(a) in the case of a lawsuit against the demolition ruling, some of the relocated households' houses have been forcibly removed by the court, and the second-instance judgment of the lawsuit against the demolition ruling case has come into effect, and the relief afterwards is as follows:

1. You can file an administrative lawsuit and demand that the demolition permit be revoked. If you meet an honest official, the illegal demolition permit will be revoked, and all demolition rulings and court demolitions based on the demolition permit will be revoked and the implementation will be reversed.

2. At the same time, you can complain about the illegality of the demolition application materials submitted by the demolition person in the lawsuit through letters and visits.

3. Appeal the case of the demolition ruling to the Supreme Law.

Demolition of the house first is only a measure to ensure future implementation before the judgment, and it does not mean that the demolished person loses the case. Before closing the case, the case of requesting to revoke the demolition permit greatly strengthened the efforts of the demolished to overturn (that is, revoke) the demolition ruling, because the court must require the demolition permit to be legal if the demolition permit is revoked, and the demolition ruling will inevitably be revoked;

Postscript: This article will certainly arouse the hatred of residents, developers and even the local government. However, based on the current situation that the unconstitutional issue of demolition laws and regulations in China has not been resolved for a long time, it is also of certain positive significance for the author to write this article in an attempt to win more bargaining chips for the demolished people for the basic legitimate rights and interests of the vulnerable groups.