Is it illegal to demolish a grave?

Demolition has a charter, not to say that a demolition document can be demolished, especially to avoid violent demolition, which will bring harm to the people. Of course, if all formalities are complete, it will definitely be demolished. Is it illegal to demolish a grave? Let me give you a detailed introduction, hoping to help you.

Demolition has a charter, not to say that a demolition document can be demolished, especially to avoid violent demolition, which will bring harm to the people. Of course, if all formalities are complete, it will definitely be demolished. Is it illegal to demolish a grave? Let me give you a detailed introduction, hoping to help you.

1. Is it illegal to demolish a grave?

See the specific situation to determine:

First of all, it is illegal for the government to demolish graves without approval.

Second, if the land acquisition project is approved by the relevant government departments, then it is legal to demolish the grave by force.

Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that the compensation given to the expropriated person by the people's government at the city or county level that made the decision on house expropriation includes:

1. Compensation for the value of the expropriated house;

Compensation for relocation and temporary resettlement caused by expropriation of houses;

(3) Compensation for losses caused by expropriation of houses. The people's governments at the city and county levels shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.

Second, can the government enforce the decision to refuse to move the grave?

Of course. If the land acquisition project is approved by the relevant functional departments of the government, and the fund compensation has been put in place according to the policy, the relocation office will bring a lawsuit to the court if it does not move the grave on its own, and the court will notify the relevant people to move the grave on time according to law. If the grave is not moved at the expiration date, the court will forcibly move the grave after the plaintiff applies.

Article 28 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that if the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the people's government at the city or county level that made the decision on house expropriation shall apply to the people's court for compulsory execution according to law. The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.

3. Does forced demolition constitute a crime?

Forced demolition can constitute a crime.

(a) the state staff abuse their powers or neglect their duties, which may constitute the crime of dereliction of duty.

This refers to the behavior that the staff of state organs abuse their powers, neglect their duties, hinder the normal activities of state organs, damage the public's trust in the objectivity and impartiality of their job activities, and cause great losses to the interests of the country and the people. Article 397 of the Criminal Law: Any functionary of a state organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where there are other provisions in this Law, such provisions shall prevail.

Any functionary of a state organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Where there are other provisions in this Law, such provisions shall prevail.

(two) the government staff directly into the house of the expropriated person for forced demolition may constitute the crime of illegal invasion of the house.

This refers to the act of illegally entering other people's houses without permission or refusing to quit without reason after being asked to do so. According to Article 245 of China's Criminal Law, 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.

Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

(3) If the government forcibly demolishes the house of the expropriated person and causes personal injury to the expropriated person and his family, it may constitute the crime of intentional injury.

This refers to the act of intentionally and illegally damaging the health of others. According to Article 234 of China's Criminal Law, whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.

(four) the government's forced demolition of the house of the expropriated person may constitute a crime of intentional destruction of property.

This refers to the intentional illegal destruction or damage of public or private property, the amount is large or particularly serious. According to Article 275 of China's Criminal Law, whoever intentionally destroys public or private property in a large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

The above is the legal knowledge about "Is it illegal to demolish a grave by force?". Whether it is illegal to demolish a grave by force depends on the situation, but it is recommended not to demolish it by force. After all, this also involves an ethical issue.