House demolition

Yesterday morning, Beijing Kangte Sauna Equipment Factory sued the Dongsheng Town Government of Haidian District for administrative infringement, and the case was heard in Haidian District People's Court. The 3,000-square-meter workshop of Kangte Sauna Equipment Factory was forcibly demolished by Dongsheng Township Government in 2002, resulting in direct economic losses of more than 2.6 million yuan. Kangte Sauna Equipment Factory believes that the administrative act of Dongsheng Township Government infringes on the legitimate rights and interests of enterprises and belongs to illegal administration, and requests the court to confirm that the defendant's administrative act of destroying the plaintiff's house and property without reason is illegal.

3,000 square meters of buildings were "demolished"

Beijing Kangte Sauna Equipment Factory, the plaintiff, claimed in the indictment that on the morning of May 29th, 2002, Gao Jianhua, deputy head of Dongsheng Township, led the head of Beijing Xinfusheng Property Management Center and more than 200 security guards to drive bulldozers into the plaintiff's compound, and bulldozed buildings of more than 3,000 square meters, including televisions, refrigerators, furniture, daily necessities, computers and financial accounts in the office. Now the plaintiff's enterprise has been forced to close down, the workers' wages can't be paid, and the residents in the hospital can't live. The defendant abused his power and infringed on the legitimate property rights of the plaintiff's enterprise.

Manager Song, the legal representative of the plaintiff's enterprise, told the reporter with two lease agreements: 1999. He signed a lease site agreement with Team 10 of Tayuan in Dongsheng Township, and with the approval of the planning department of Dongsheng Township, he leased 7.2 mu of site for Team 10 of Tayuan. The lease term stipulated in the contract is February 1999 15438+0 to 165439. On May 28th, 2002, Song, the deputy head of Dongsheng Township, came to his office with the village cadres of Tayuan Village, saying that the head of the former village committee of Tayuan Village had retired, and the original site lease contract should be invalidated and a new contract should be signed. After reading the new contract, he thought some clauses were unfair to them, so he refused to sign it. As a result, the house of the rental site was pushed the next day.

The township government believes that the demolition is a private building.

Yesterday, the agent of Dongsheng Township Government admitted in court that the building in Beijing Kangte Sauna Equipment Factory was demolished on May 29, 2002, but the defendant's agent believed that the administrative action of the township government was made according to the Municipal Government's Regulations on the Administration of Migrant Workers and Businessmen Entering Beijing.

The government demolished the private houses in the courtyard of Kangte Sauna Equipment Factory. The Decision of Demolition submitted by Dongsheng Township Government to the court holds that since the lease of the site, Kangte Sauna Equipment Factory has built a large number of illegal buildings privately, rented them out to foreigners for living, and connected the power supply privately without any fire control measures, and piled up a large number of flammable items in the yard, which has serious fire hazards. The township government decided to demolish some houses built privately by equipment factories. The agent of Dongsheng township government said in court that on May 2 1 day, the township government delivered the Notice of Forced Demolition to Kangte Sauna Equipment Factory and posted it inside and outside the factory, which fulfilled the legal procedures.

The court did not reject this request.

Yesterday, Haidian Court held that the plaintiff sued and asked the court to confirm that Dongsheng Township Government's administrative act of destroying the plaintiff's house and property for no reason was illegal and did not conform to the scope of administrative acceptance, and ruled that the prosecution of Kangte Sauna Equipment Factory was rejected.

After the trial, Judge Meng, who was in charge of the trial, told the reporter that according to the law, the scope of the court's review of administrative cases is whether the administrative legal act is illegal. Specifically, in this case, the scope of the court's review should be whether the notice of compulsory demolition made by Dongsheng Township Government is illegal, and whether the procedures for making and delivering the notice of compulsory demolition are illegal. However, Conte's claim is to ask the court to confirm that the defendant's administrative act of destroying the plaintiff's house and property without reason is illegal. Our court believes that the damage to the plaintiff's house and property in the forced demolition is a problem in the execution of the forced demolition notice, which belongs to the administrative factual behavior and does not belong to the scope of administrative case review, so it rejects the plaintiff's claim. According to the law, if the plaintiff sues in an administrative case, he should first ask the court to confirm that the notice of forced demolition made by the township government is illegal, and then ask the property management company or Dongsheng township government to compensate for the economic losses suffered through civil or administrative litigation.

Demolition refers to the relocation of the original legal users of land, houses and houses to other places for resettlement with the approval of the urban planning and land management authorities, and the demolition and cleaning of the original buildings or other ground objects that hinder the implementation of the project, thus creating conditions for the construction of new construction projects.

Demolition refers to the units that have obtained the qualification certificate of demolition according to law, mobilized demolition by themselves or by accepting the entrustment of demolition, organized the signing and implementation of compensation and resettlement agreements, and organized the demolition of houses and their attachments.

The person being demolished refers to the owner of the house being demolished.

If the demolished person or lessee fails to relocate within the relocation period stipulated in the ruling, the Municipal People's Government shall instruct the relevant departments to carry out compulsory relocation, or the competent department of house demolition shall apply to the people's court for compulsory relocation according to law. Before the implementation of compulsory demolition, the demolition should be related to the demolition of houses, to the notary public for evidence preservation.