China's Legal Provisions on Forced Demolition

There is no doubt that the state protects human rights. Both civil law and criminal law have clear legal provisions to protect citizens' rights, and there are also clear statements on the provisions of forced demolition. Let Bian Xiao introduce you to the relevant contents of the mandatory demolition laws in China. Let's have a look.

First, China's legal provisions on forced demolition

1. If the demolished person is injured, according to the provisions of Article 234 of the Criminal Law, if he intentionally hurts the body of others, which constitutes the crime of intentional injury, he may be sentenced to fixed-term imprisonment, life imprisonment or even death, depending on the seriousness of the case.

2. Damage to the property of the demolished person, according to the provisions of Article 275 of the Criminal Law, if the amount is relatively large or there are other particularly serious circumstances, may constitute the crime of intentional destruction of property, and shall be punished with fixed-term imprisonment of not more than seven years.

3. Breaking into private houses. Article 245th of the Criminal Law also stipulates that anyone who illegally searches another person's body or residence or illegally invades another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

4. Whoever insults or slanders the demolished person publicly insults or slanders others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Second, the civil liability of forced demolition

Developers and residents forcibly demolish residents' houses without due legal procedures, which infringes on the civil rights of residents, and residents should bear civil tort liability. According to the General Principles of the Civil Law and other relevant laws, the demolished person shall bear the burden of proof for the damage to personal property, houses and other property. If it is established, the demolished person shall bear the responsibility of restitution or discount compensation, and other property losses and possible mental damages shall also be compensated.

1. If the demolisher interferes with the residents' normal life by stopping water supply or gas supply, so as to drive away the demolished people, according to Article 1 17 of the General Principles of the Civil Law, if the property of the state, the collective or others is damaged, it shall be restored to its original state or compensated at a discount.

2. If the demolisher damages the property of the demolished person or causes physical injury to the demolished person, he shall return the state and collective property or compensate others' property at a discount according to Articles 1 17 and19 of the General Principles of the Civil Law; If a citizen's body is damaged, he shall compensate for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.

3. If serious bodily injury is caused, according to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, if the tort causes mental damage to people and causes serious consequences, the people's court may order the infringer to bear civil liabilities such as stopping the infringement, restoring his reputation, eliminating the influence, making an apology, etc., and may also order him to compensate for the corresponding mental damage at the request of the victim.

Third, the administrative responsibility of forced demolition.

Demolition of illegal demolition, according to the provisions of the "urban housing demolition administrative ruling rules", the city and county housing demolition management department shall order the demolition to stop the demolition, and shall be given administrative punishment. According to the provisions of the Administrative Punishment Law, the types of administrative punishment are:

(1) warning;

(2) a fine;

(three) the confiscation of illegal income and illegal property;

(four) ordered to suspend production or business;

(5) withholding or revoking the license, withholding or revoking the license;

(6) Administrative detention;

(seven) other administrative penalties prescribed by laws and administrative regulations.