What should I do if the old homestead is forcibly demolished by the village committee?

If your old homestead is forcibly demolished by the village committee, you should first stay calm and then take immediate action, including collecting evidence, communicating with the village committee, reporting the situation to the higher-level government, and even seeking legal solutions.

1. Collect evidence

Faced with the situation of old homesteads being forcibly demolished, the first thing to do is to collect relevant evidence. This includes taking photos and videos of the scene, recording the forced demolition process, and keeping communication records with the village committee, such as text messages and phone recordings. This evidence will help prove your rights in the subsequent rights protection process.

2. Communicate with the village committee

While collecting evidence, try to communicate with the village committee to understand the reasons and basis for the forced demolition. If the village committee fails to provide a reasonable explanation or basis, it can ask them to stop the forced demolition and restore the homestead to its original condition.

3. Report the situation to the higher-level government

If communication with the village committee fails, you can report the situation to the higher-level government or relevant departments and request them to intervene in the investigation. When reporting a situation, detailed evidence and description of the situation must be provided so that the government or relevant departments can accurately understand the problem and take corresponding measures.

4. Seek legal solutions

If the above methods fail to solve the problem, you can consider seeking legal solutions. You can consult a lawyer to understand your rights and ways to protect your rights, and then file a lawsuit or apply for administrative review in accordance with the law. In legal proceedings, sufficient evidence needs to be provided to prove one's rights and interests, and the infringer must bear corresponding legal responsibilities.

In summary:

When the old homestead is forcibly demolished by the village committee, you should stay calm and take action. First collect evidence, then communicate with the village committee and demand an end to forced demolitions. If communication fails, you can report the situation to the higher-level government or seek legal solutions. Throughout the entire process, you must safeguard your rights in accordance with the law and ensure that your rights and interests are protected.

Legal basis:

"Land Management Law of the People's Republic of China"

Article 13 stipulates:

" The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual. ”

Article 42 of the “National Property Law of the People’s Republic of China”

Provisions:

“If real estate or movable property is damaged or lost due to expropriation or expropriation, compensation shall be provided in accordance with national regulations; in the absence of national regulations, reasonable compensation shall be provided.”