Attention!It’s illegal to tear it down like this!

2022-05-04 0 By

Attention!It’s illegal to tear it down like this!In practice, whether in the process of demolition, or in the process of demolition, a lot of parties have received a deadline demolition notice to inform the need to dismantle the building within 3 days, the parties did not perform the case, the administrative organ made a compulsory decision, and then the demolition of the party’s house, is this demolition procedure legal?In this regard, the Administrative Judgment No. 28 of Xingtizi (2015) issued by the Supreme People’s Court gives an interpretation, which holds that:Article 44 the time limit prescribed by the administrative enforcement act is a statutory period, namely the illegal buildings, structures, facilities such as forced demolition behavior specifies a precondition of administrative compulsory execution behavior more than normal, which should be approved by public announcement and the legal time limit expires, the person subjected to execution has not been removed by did not mention the administrative reconsideration or administrative litigation,Only the administrative organ that has the power of compulsory execution can make compulsory execution on its own according to law.In this case, the administrative authority did not inform the person subject to execution of the right to apply for reconsideration and file a lawsuit in the notice of demolition within a time limit and notice of reminder, but forced demolition of the person subject to execution on the next day after the decision was made, which is obviously improper and belongs to procedural violation.Lawyer’s statement:In CaWei programs, shall have the right to subject to that involved in construction, such as belong to the illegal construction, should according to the stipulations of article 44 the administrative enforcement act, to inform on the parties, inform the parties to remove involved in construction period, and should be told of his right to appeal in accordance with the time of performance, and the parties concerned within the statutory time limit does not exercise his right to appeal the case,Before an enforcement decision can be made and demolition carried out.Therefore, if the debunking procedure you encounter is not carried out in this way, it belongs to the program illegal, you can appeal to the court for rights protection in accordance with the law.