Of course, if you are from a township, you may suffer a little, because the officials in the town are generally angry and don't know much about the law and the times ... In the town, you must go to the court because only the judges in the town know some laws. If the judges in the town don't know the law, they can sue. The Supreme Court does not want grass-roots judges to be ignorant of the law.
If you want to negotiate, don't go to them. It's no use looking for them. It is impossible to promise you. What will others do if you say yes?
They cannot be allowed to be demolished. If what you say is true, your request is within 1 0,000/m2 (if the surrounding commercial housing is nearly 20,000/m2), which is definitely not high, but it is not high either, but I have never heard that it is useful to consult with the demolition office. I suggest that you force them to agree to your reasonable request with the goal of letting them fail in demolition.
First of all, commercial demolition has no forced demolition right, and can only be negotiated again. Especially in the case that most households do not agree, forced demolition is generally not allowed, but it is necessary to guard against the mischief of the demolition party. We must insist that according to the property law, demolition must ensure the living conditions of the demolished people. How to understand it? To put it simply, after the demolition, the demolished people must be better than before, not worse, whether they are property rights replacement or monetary compensation. If they fail to meet this standard, they will infringe on the legitimate rights of the relocated households and resolutely refuse to sign the agreement.
Then, it is important to pay special attention to that the demolition party and the developer are generally not the same unit. The developer hired the demolition party to be responsible for the demolition affairs and offered the price to the demolition party. The demolition party will give the relocated households a lower price and earn the difference. The demolition party is generally dominated by hooligans. If you are going to confront them, then everyone must be new and do a good job of obtaining evidence. Don't do it yet, but if they dare to mess around, threaten them with molotov cocktails. Put on a mutually assured destruction posture, your life is life, and the life of a rogue is life. However, don't really throw it away unless you have to ... but this method is very tiring, dangerous and the income is not guaranteed.
It's no use writing big-character posters on the Internet, suing the court and complaining about the news media. This kind of mood is normal. But it's ridiculous! It can't solve the problem. Now the news media are making a mountain out of a molehill. Even if you report it, it's useless. Because of your demolition, you obey the government's planning and arrangement, and you obey the overall situation! How can it affect the overall situation for you alone? How to build a country? ! No matter how hard you try, you haven't moved until someone lays the foundation. It's no use. Did you spend your life with money? How many times will it take you to get there? How many times do you have to face repeated bombing by police+joint defense+hooligans+migrant workers? If you persist, you can become a martyr in Iraq, Afghanistan and Yugoslavia. It's no exaggeration! ! Absolutely one in a million talents! ! !
If you are stable, of course, you are soft and hard. Don't go away! Don't be rude Just pretend to be pathetic. The more pathetic the better! If there are old people at home, take them to look after the house. If they are too old to move, they'd better wait until they have money! ! ! ! No matter what threats or inducements, as long as the agreement is not signed, there is still salvation. Of course, if you leave and the house is demolished, you won't get that much money. I can only get a consolation prize, but it's at least 10 thousand yuan!
The above are simple methods, and there are complicated ones, that is, through legal channels.
The hearing is very important. At the hearing, we should look for the legal loopholes of the demolition party, and analyze the illegality of the demolition behavior from the aspects of demolition plan, planning conditions, whether the house certificate of the property right exchange house is perfect, and whether the state-owned land transfer contract can replace the approval document of the state-owned land use right. A * * * has five certificates and a demolition permit, so we must compare them to see if there are any contradictions. Remember! This is your right! It is also a legal means to stop illegal demolition.
These five documents are: (1) construction project approval documents; In general, the project is approved by the local planning commission. (two) construction land planning permit (with red line map); Generally issued by the local competent department of city planning administration. (three) the approval document of the right to use state-owned land; Generally issued by the local land administrative departments. (four) the demolition plan and demolition plan; Refers to the plans and schemes made by the demolition people for the demolition activities to be carried out in the future. (five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business; A special account for housing demolition compensation and resettlement funds is opened by the residents, which is generally supervised by the residents, financial institutions and housing demolition management departments.
Local governments shall not violate legal procedures and legal provisions, replace the demolition permit requirements and planning changes determined by laws and regulations with minutes or documents of government meetings, and expand the scale of demolition without authorization. For details, please refer to the Notice of General Office of the State Council on Controlling the Scale of Urban House Demolition and Strict Demolition Management (Guo Ban Fa [2004] No.46).
Don't think that the demolition management department will issue a demolition permit, and the five certificates will be complete. At present, many project licenses are incomplete, and demolition permits are issued. How dare you!
Steps to become a qualified nail house:
Negotiation skills of internal personnel of demolition team
The ancients said, "Know yourself and know yourself, and you will be invincible.". Relocation is undoubtedly a "war" in peacetime. The two sides of the campaign are not equal, one is a straggler and the other is a mechanized army. Generally speaking, the relocation personnel are familiar with laws and regulations and the situation of each household, and each sentence will make detailed arrangements for each household, just like the deployment before the war. Conventional practice is easy first and then difficult, and the choice of breakthrough is the key to the location of households. It's best to cut down the houses with separate rooms. Secondly, the household has a certain influence in the local area, the area should not be too large, it is easy to operate, and it can play the role of "point to area". If the relocated households want to be in an invincible position in this "war", they must know what demolition is. Have a basic understanding of demolition procedures, demolition personnel's means and strategies. Seize every link and find its loopholes.
First of all, let's analyze the psychological state of the relocated households in the process of demolition. To tell the truth, as soon as the demolition announcement came out, I believe everyone was scared and didn't know what to do. There are four typical psychological states:
1. wishful thinking this is a pleasant and exciting behavior feature when the relocated households know that the houses they own or use will be demolished. The reason for this kind of psychology is that the relocated households are tired of their old homes and yearn for their new homes. When the demolition implementation unit enters the site, the relocated households are generally kind, enthusiastic and positive. Demolition personnel also get along well with them.
2. Fear When the house demolition work enters a substantive stage, some relocated households will have a state of fear. They care about the realization of their own interests to varying degrees, and their main characteristics are anxiety and panic. In this case, the relocated households generally lack trust in the demolition staff, fearing that the staff will deduct the area and depreciate the price and depreciation rate. Always haggle over every ounce, indecisive.
Third, negative psychology Some relocated households are in a negative psychological state when the regulations, standards and principles of house demolition are inconsistent with their own requirements, and usually show a modest and slow behavior.
Fourth, the psychology of horizontal entanglement When the house demolition work enters the implementation stage, some relocated households think that this is a critical moment to realize their personal interests, and strive to maximize their economic interests or other interests, taking the refusal of demolition as a bargaining chip, showing horizontal pulling and threatening behavior. The above-mentioned negative psychology and cross-tangled psychology are commonly known as "nail households". The former shows soft procrastination, while the latter shows hard resistance. But their influence on house demolition is basically the same, which is also the focus of this paper. Here are seven aspects to explain how to be a "qualified" nail house.
First, the classification of nail households:
1, wild price type: make trouble without reason, take the demolition as an opportunity to get a ticket and spread scoundrels. I think I am the best in the world. Generally, this kind of person has no background, so it doesn't matter. But there are three or four foxes and dogs as his chief strategist. Their education level is not high, and they don't know much about policies and regulations. Most of these people are gangsters, unemployed people and general troops released from prison!
2. Backstage support type: Have certain social relations, be self-sustaining and fearless, be literate, understand policies, like to take advantage of policies, and often have experts behind them. They aim at profit. When their goals were not achieved, high-level phone calls and notes poured in. Stop when you meet, as long as you achieve your goal. Universal text!
3. Self-protection: They are vulnerable groups in society with low income. Mainly laid-off workers, educated youth returning to the city, and people in need. Their lives have been honed so much that they don't trust anyone. Their belief is that persistence is victory. They are too worried about their future life and lack confidence in life. Calculate whether you can buy a suite or save some living expenses. They will be scoundrels and smart. They are afraid of authority, distrust the government and like to listen to gossip. They believe that only they can protect themselves. In the process of relocation, their interests will be most neglected, because the relocated people like to eat tofu tender and persimmons soft.
Second, the reasons for the nail house:
Except for subjective reasons, objectively, the parties did not fully embody the principle of equality, voluntariness and equivalence. Secondly, the simple and rude way of working and the fact that everyone is not equal before the policy are the reasons for the existence of nail households.
Third, the purpose of the nail house:
You should know that there is absolutely correct humanitarianism on top of absolutely correct demolition. We should put pressure on each other to get the maximum economic or other benefits. But stop when it's good, and don't go too far.
Four, nail house conditions:
First: understand all kinds of laws and regulations. Second, be thick-skinned, fierce-mouthed, and have a big temper, and you will cheat. Third, we should have a "good" psychological quality. Never bend over in a strong wind, and don't panic if the sky falls. The success of nail house depends on the last minute. If there is an old man in the family who falls down at the sight of the wind, it is a trump card, because no one dares to move. So not everyone can be a nail house.
Five, the nail house means:
Want to fight, don't fight; Fight the law, not fight hard; Use your wisdom, not your strength!
The struggle between ordinary people and demolition interest groups has always been bloody. Jumping off a building, self-immolation, taking poison, fighting, petitioning, stopping cars, demonstrating, sitting in, hunger strike, blocking roads and bridges, and attacking state organs, to name a few! Suicide is a heroic act, but the cost is too high and the effect is not great. Violent resistance and demolition of many people, fueled by black and white (the so-called "white road" is even more hateful), is obviously a loss. In particular, measures such as blocking roads and bridges and attacking state organs are not allowed. Because this is what despicable interest groups want most. Once this happens, they can raise the simple economic event of demolition to a public security event or even a political event, and naturally they can easily "correct" and "legalize" the relocated households through some state organs they have mastered.
A large number of cases prove: 1. It is really simple to grasp the evidence and grasp the handle of the demolition team's violation of law and discipline. 2. Know all kinds of laws and regulations (this is the most important), and you will surely defeat interest groups! The investigation found that in the demolition proceedings, intellectuals hardly suffered, and most of them suffered from working people with low education. As long as the relocated households master the above two items and closely follow the Constitution and the exposition of the party and state leaders on demolition, they will win the battle. ...
Remember: sometimes you can't achieve your goal by direct means, but indirect means are more effective, just like "encircling Wei to save Zhao" in the thirty-six plans.
Six, nail house measures:
1 Tow: I was hospitalized, ran away from home and couldn't find anyone. In every link of demolition, extend the time as much as possible and give it to him repeatedly. Time is victory.
2 Withdraw: Facing the government and violent organs, hospitals 120- funeral homes, individual relocated households are powerless. Note: Use words to fight, not fight. Fighting with them is bound to suffer. Take away all the property documents and refuse to sign any documents (of course, they can still write condemnation words such as opposing the constitution and criticizing them as fascists. ), reject any so-called "arrangement". Collect all the evidence.
3 grasp: your demolition opponent must have many weaknesses, seize them. In particular, they violated the principle of "openness, fairness and justice" in a large number of demolition: for example, if you pay huge compensation to some relocated households with backgrounds, you can ask for the same treatment!
4 Visit: First, go to the higher authorities or go directly to Beijing to petition. Second, finding deputies to the National People's Congress is also a force that cannot be ignored. To achieve satisfactory results, we need the support of NPC deputies. Assign a task to everyone in the neighborhood, that is, find the NPC deputies and ask them to sign the petition materials you wrote. This means that the relevant government agencies must respond with a certain attitude, and this response can sometimes be used as favorable evidence; I hope everyone can find a way to convince them. Third, consult a lawyer. In the process of contact, lawyers sometimes fall into contradictions. In order to represent the case, they must show their elegance. If he had told all the solutions to the case, you might not have invited him. If you don't tell him, you may not trust him, so you'd better come up with a solution to these contradictions. I'm also exploring specific methods.
Heart-to-heart talk: Tell them that you support demolition, but oppose illegal demolition, and you must straighten out the illegal issues before you can proceed. Remember, never talk about compensation, never. Just talk about their violations of law and discipline, their names are not standardized, and their words are not fluent. We must ask them to solve all the problems of violating the law and discipline (how to carry out demolition without violating the law and discipline) before we can talk about demolition. Be sure to force them to take the initiative to talk to you about the terms. If they are not satisfied, they will always fight against illegal demolition and will never talk about conditions first. The formula of the above five words should run through the whole demolition process and be used reasonably and timely.
Steps of seven nail households: (key)
To be a "qualified" nail house, we should have different countermeasures in each demolition period.
When a person can move you and make you want to walk hand in hand with him for a lifetime, then you must firmly grasp this hand!
Stage 1 announcement stage
When the demolition announcement comes out, read the contents of the demolition announcement clearly and take photos to preserve the evidence. As a demolition announcement, it is the legal basis for demolition. The announcement also shows that it has the demolition conditions and has obtained the demolition permit. The demolition announcement generally includes the name of the construction project, the demolition person, the demolition implementation unit, the demolition resettlement compensation standard, the demolition period, the demolition scope, the project and project number, the planning number, the land location and the land approval number. You can check whether these elements are missing in the announcement, especially three of the five elements of the demolition permit: project establishment, planning and land approval. If it disappears, you should be careful. You also have to read the date and validity period of the demolition notice clearly. If it has not been opened after the expiration date, he must reissue it. At present, the main point of countermeasures is to pretend to be deaf and dumb; Encourage later.
Stage 2 negotiation and agreement stage
Housing demolition is centered on land, and it is necessary to know whether the project after demolition is developed for public utilities or commercial purposes, and whether the land is allocated or sold. Those who obtain the land use right by allocation must conform to the allocated land catalogue promulgated by Decree No.9 of the Ministry of Land and Resources, and those who do not conform to the catalogue will be held accountable for the allocated land. Article 4 of the Order 11(implemented on July12002) clearly stipulates that all kinds of commercial land such as business, tourism, entertainment and commercial housing must be sold by tender, auction or listing. Without bidding, auction and listing, this project is illegal, and it is illegal to investigate the leadership responsibility of the Bureau of Land and Resources, and the demolition behavior is not established.
Housing demolition management department shall not be taken as a demolition person, nor shall it accept the entrustment of demolition. In addition, it is necessary to know the qualification of the demolition implementation unit, whether the demolition is over-qualified, whether it is certified (the third-level qualification is less than 30,000 square meters), and whether the demolition funds are in place.
This is also the stage where both sides of the demolition test each other and find out each other. The compensation for demolition is also very flexible. The relocated households should be patient and show weakness, and use the word "drag" to force the other party to take the initiative to improve the compensation level. Don't worry ~, they will be happy if you worry ~; Hold your horses and make them worry! ! ! ! ! You can't just sign it, because once you sign it, it means approval. Be sure to keep an eye on your psychological price, and don't reduce the price unless you have to. You didn't steal or rob, just fighting for your reasonable demands. You must be calm ... you must have a good psychological quality and don't be afraid of their threats. To know that demolition is a psychological war depends on how much patience you have. The meaning of the demolition staff is nothing more than taking care of cheating, bullying people with certificates, luring people, forcing people to scare people and so on. Fried with wheels, even have time to use hooligans. Many relocated households can't stand such psychological torture. Surrender! Those who can survive this level are basically "qualified" nail households. We must firmly believe that we should create more troubles and pay more; Make a fuss; No trouble, no pay. Unity is strength! It should be noted that there should be no leaders making trouble here, because the best people are often the targets of bribery. If it's a bribe, everyone can't unite like loose sand. There are things that can be discussed privately, individually, and then collectively after the talk. It is very important to unite and exchange information. If you have an idea, you'd better send it by registered mail, because everything you say to the other party can be relied on. If the other person ignores you, you can tell him that it's not that you don't discuss with them, but that you don't talk to me and kick the ball to the other person. Where should I send it by registered mail? The demolition office, the construction bureau, the other party, the letter should be left at the bottom, the letter should be stamped, and the envelope and letter should also be stamped. At present, the main point of countermeasures is to ask for exorbitant prices; Sign when you are satisfied.
The third stage is the stage of hearing mediation and administrative adjudication.
1, understand whether to manage separately. Now many demolition management departments and demolition implementation units are two brands and one team. Being both an "athlete" and a "referee" failed to separate government from enterprise. This is illegal!
2. The other party will send a registered letter to the demolition office, the Construction Bureau and the other party as soon as the ruling notice comes out. After copying, the ruling notice will be returned to the ruling authority together with the registered letter, asking to see five documents and the demolition permit to compare whether there is any contradiction. Remember! This is your right! If you can't take it out, there is something wrong. You can't open it! These five documents are: (1) construction project approval documents; In general, the project is approved by the local planning commission. (two) construction land planning permit (with red line map); Generally issued by the local competent department of city planning administration. (three) the approval document of the right to use state-owned land; Generally issued by the local land administrative departments. (four) the demolition plan and demolition plan; Refers to the plans and schemes made by the demolition people for the demolition activities to be carried out in the future. (five) the certificate of the demolition compensation and resettlement funds issued by the financial institution that handles the deposit business; A special account for housing demolition compensation and resettlement funds is opened by the residents, which is generally supervised by the residents, financial institutions and housing demolition management departments.
Local governments shall not violate legal procedures and legal provisions, replace the demolition permit requirements and planning changes determined by laws and regulations with minutes or documents of government meetings, and expand the scale of demolition without authorization. For details, please refer to the Notice of General Office of the State Council on Controlling the Scale of Urban House Demolition and Strict Demolition Management (Guo Ban Fa [2004] No.46).
Don't think that the demolition management department will issue a demolition permit, and the five certificates will be complete. At present, many project licenses are incomplete, and demolition permits are issued. How dare you!
All right, the hearing is over. The court does not eat black, and generally does not pass the forced demolition agreement. However, in case the wind direction is wrong, it is determined that the local government may be partial to the demolition party, and drastic measures can be taken, but they must be effective before the court issues a forced demolition agreement. The specific method is as follows:
Methods of using legal means to safeguard one's own rights and interests
If a lawsuit is filed against the demolition ruling, the execution of the demolition cannot be stopped during the lawsuit; Before the ruling is made, the demolition unit shall be sued to revoke the demolition permit, and the execution of the demolition ruling must also be suspended. In this way, according to the relevant provisions of the Regulations on the Administration of Urban House Demolition, the demolition is not authorized before the ruling is made.
First of all, the general demolition unit will explain the above provisions, saying that if no agreement can be reached, the demolition can be carried out. In fact, this is just a trick to deceive the people. I hope that the people can finally sign an unequal compensation agreement honestly, so as to achieve the goal of defeating the enemy without fighting and realize legal demolition. Before the house demolition management department makes a ruling, it shall hold a hearing first. At the hearing, you can ask questions about whether the demolition party has violated the law, such as the demolition plan, planning conditions, relevant documents of property rights exchange (auction house), proof of compensation funds for demolition, and approval documents of state-owned land use rights. After all, the law protects the people. Although there are some places that cannot be protected, they must not be misled by the demolition party, thus giving up legal protection on their own initiative. The law does not want to harm the interests of ordinary people. ...
The second step is to sue for revocation of the demolition permit and suspend the ruling.
When the demolisher advocates making a ruling or just informs the demolished households to attend the ruling meeting (generally, it takes one month from filing an application for ruling to issuing an ruling), one or more of the demolished households may bring an administrative lawsuit to the grass-roots court (generally speaking, it is not advisable to bring a lawsuit prematurely) and request the court to revoke the house demolition permit issued by the demolition department.
Step 3: There is no ruling power during the litigation.
According to Item 2 of Article 12 of the Working Rules of Administrative Adjudication on Urban House Demolition issued by the Ministry of Construction, if the demolished person files a lawsuit against the demolition permit, the administrative adjudication on demolition shall be suspended, so that there will be no subsequent legal administrative or judicial forced demolition, which is the legal protection for the relocated households. Therefore, we should believe in the law, and the government should also vigorously carry out publicity activities to popularize the law. Everyone knows the law, and no one wants to drill the people into ignorance.
Four. Consequences of making an award during the proceedings
If the case of suing for demolition permit is not closed in the second instance, the demolition authorities will still make a ruling illegally, and the demolished person will appeal to the Beijing Supreme Court, and the ruling will definitely be ruled illegal and invalid! Subsequent judicial or administrative demolitions or decisions based on illegal and invalid rulings are illegal and invalid, and the victims have the right to claim compensation from the state.
Verb (abbreviation of verb) complaints about demolition permit.
This depends on various comprehensive situations. The illegal application materials submitted by the residents can only be seen after the case is accepted. When writing a complaint, you can only aim at the same or two illegal facts (including entity or procedure violation) that have happened and can be seen (speaking with evidence and widely collecting all kinds of demolition publicity materials issued by the demolition people). After the case is accepted, it is not too late to look at the evidence submitted by the defendant to supplement the reasons for revoking the demolition permit (the purpose of the lawsuit is to require the demolition person to submit the application materials for the demolition permit).
Sixth, the court accepted.
After the court accepted the case of suing the demolition permit, the plaintiff pointed out that the five demolition application materials submitted by the third party were illegal, and most courts would decide the plaintiff to lose the case in the shortest time.
Attachment: The court refuses to accept the case, which is an act that the court should accept but not accept, which is a serious violation of trial discipline. We can report and appeal to the discipline inspection and supervision department of the next higher court according to law.
Seven, the second administrative litigation should be extended according to law to prosecute the demolition permit cases.
(1) The demolished person may, before or after the judgment of first instance is made in this case (which shall not exceed the time when the judgment of second instance is made), file a second administrative lawsuit on the problems existing in the evidence submitted by the defendant and request the court to revoke one of the following documents submitted by the third party:
1, construction project approval document (changed to construction project approval or filing document after 2004);
2. Construction land planning permit;
3, the state-owned land use right approval documents.
(2) After the court accepts the case of second instance, the plaintiff shall voluntarily submit a written application to the court of first instance to suspend the lawsuit with the notice of acceptance of the case of second instance, requesting the court to suspend the lawsuit of the case of first instance according to the provisions of Item 6 of Article 5 1 of the Interpretation of the Supreme Court on Several Issues concerning the Implementation of the Procedure Law. If the court still makes a judgment that does not suspend, the appeal to Beijing Supreme Law will be revoked! The longer the first case drags on, the better it will be for the relocated households.
Eight, the legal consequences of violent demolition "forced transactions"
The author has represented many relocated households in the third lawsuit (about three lawsuits in one year), suing the developer for the illegal real estate development qualification certificate (which is a necessary condition for obtaining the approval documents of construction projects), and the developer can't afford the time. Before the second-instance judgment of the demolition permit case was issued, he forcibly demolished the shops of dozens of relocated households. The relocated households submitted the report materials and video materials of the forced demolition to the Public Security Bureau, and strongly demanded that the criminal responsibility of the forced demolition and the behind-the-scenes commander be investigated for the crime of "forced trading" (Article 226 of the Criminal Law), and demanded that civil compensation be attached (not compensation). Developers have no choice but to promise to compensate shops and businesses for their losses.
Nine, case handling and litigation costs
Of course, how to deal with the above-mentioned cases and whether it is necessary to invite insiders or lawyers to represent them depends on the comprehensive situation of the relocated households. If there are few people who go to court and have financial difficulties, it is ok to go to bookstores (or look at the demolition information online) without asking a lawyer. More than one lawsuit filed by one person is a case, and dozens or hundreds of people have the same claims, so it is only a case, and the court only accepts 50 yuan for one case. However, the case that refuses to accept the demolition ruling is a case and cannot be tried together. (Our claim is to revoke the demolition permit, and we can sue together, only paying 50 yuan's legal fees. )
X. Remedial measures after forced demolition
(a) in the case of a lawsuit against the demolition ruling, some of the relocated households' houses have been forcibly removed by the court, and the second-instance judgment of the lawsuit against the demolition ruling case has come into effect, and the relief afterwards is as follows:
1. If you haven't handled the demolition permit before, you can still file this lawsuit. Its function is: if an honest official cancels the illegal demolition permit, then all the demolition decisions and court demolitions in accordance with the demolition permit will be revoked and the implementation will be reversed.
2. At the same time, you can complain about the illegality of the demolition application materials submitted by the demolition person in the lawsuit through letters and visits.
3. Bring the demolition ruling to Beijing Supreme Court.
(2) If the case against the demolition ruling has not been closed, it is suggested that the case against the demolition permit be filed as soon as possible. Once the case is accepted by the court, the demolished person (plaintiff) should take the initiative to submit a written application to the court to suspend the lawsuit in the first case (that is, the demolition ruling case), requesting the court to follow the provisions of Item 6 of Article 5 1 of the Interpretation of the Supreme Court on Several Issues concerning the Execution of the Procedure Law.
Eleven, based on the property law, resolutely demand reasonable and fair compensation.
Demolition of the house first is only a measure to ensure future implementation before the judgment, and it does not mean that the demolished person loses the case. Before closing the case, the case of suing the demolition permit greatly strengthened the efforts of the demolished to overturn (that is, revoke) the demolition ruling, because the court must require the demolition permit to be legal if the demolition permit is revoked, and the demolition ruling will be revoked.
If the case of suing the demolition permit takes a long time and cannot be closed for a long time, according to the judicial interpretation of the Supreme Court or above, the case of suing the demolition ruling can be closed without law, which is also very beneficial to the demolished. Article 4 of the Property Law stipulates that "the property rights of state, collective, private and other obligees are protected by law, and no unit or individual may infringe upon them." Article 7 "The acquisition and exercise of real rights shall abide by the law and respect social morality, and shall not harm the public interests and the legitimate rights and interests of others." . Forty-second "for the needs of public interests, in accordance with the authority and procedures prescribed by law.