What if the village Committee wants to tear down my house?

First, what should the village Committee do if it wants to demolish the house?

1. First of all, the village committee has no right to demolish villagers' houses. If the village committee demolishes villagers' houses, villagers can defend their rights through the following channels:

(1) Villagers can collect evidence of house demolitions, followed by audio-visual materials of house demolitions, property certificates of demolished houses, lists of facilities and equipment in houses, ownership certificates, etc.

(2) The villagers reported the case to the public security organ so that the public security organ could protect the villagers' legitimate rights and interests.

2. Legal basis: People's Police Law of the People's Republic of China.

Article 21? The people's police shall immediately rescue citizens whose personal and property safety has been violated or who are in other dangerous situations; Help should be given to citizens who ask for the settlement of disputes; Police cases against citizens should be investigated and handled in time.

The people's police should actively participate in emergency rescue and disaster relief and social welfare undertakings.

Second, what procedures are needed to dismantle illegal construction?

The first step is to file a case.

Filing a case is an activity that law enforcement departments decide to investigate and deal with as an administrative case when they find or receive complaints, reports and other facts or materials and think that illegal facts have occurred or exist and need to be investigated for legal responsibility. In this procedure, we should pay attention to which administrative organs have the right to file a case to investigate and deal with illegal buildings:

The second step is the investigation procedure.

The third step is to decide the procedure.

(1) Inform and listen to statements and arguments.

This is mainly to protect the right to know, to state and to defend. Before making a decision on punishment, law enforcement officers will generally inform the punished person in writing of the facts, reasons and basis of administrative punishment. The punished person has the right to state and defend himself. If law enforcement officers refuse to listen to the statements and arguments of the parties, the decision on administrative punishment cannot be established.

(2) hearing

Hearing refers to the procedural activities of the administrative organ, presided over by investigators unrelated to the case, to listen to the facts, evidence, administrative punishment suggestions and legal basis put forward by the investigators, as well as the statements, proofs, cross-examination and defense opinions of the parties before making a decision.

According to the Administrative Punishment Law, before an administrative organ makes a decision on administrative punishment, such as ordering to suspend production or business, revoking a license or imposing a large fine, it shall inform the parties of their right to request a hearing; If a party requests a hearing, the administrative organ shall organize a hearing. The parties concerned shall not bear the expenses for the hearing organized by the administrative organ.

The fourth step is the delivery and execution of the punishment decision.

If the law enforcement organ decides to punish, it shall make a "Decision on Administrative Punishment" and serve it on the punished person.

According to the People's Police Law, the village committee has no right to demolish villagers' houses. If the village committee demolishes the villagers' houses, the villagers can first collect the evidence of the demolished houses, and then report the case to the public security organs, so that the public security organs can safeguard their legitimate rights and interests. I hope the above content can help you. If you have any other questions, you can click the button below or consult a professional lawyer in Hualv.com. ..