Vent one's emotions or anger. After being calm and rational, maybe you will think of looking for a demolition lawyer to help you with your lawsuit. Yes, it is the most sensible and effective way to protect your legitimate rights and interests with legal weapons. But what kind of lawyer should you find to help you solve the problem? How can high lawyer fees be exchanged for efficient returns? If you are very concerned about these issues, you may wish to take a look at the following demolition rights protection content.
The geographical choice of lawyers
I believe that many relocated households have consulted more than one demolition lawyer on their own land or houses, but most local lawyers will tell them that this kind of lawsuit can't be fought, and even tell you that the court will not accept this kind of case at all, and they can't win a lawsuit with the government. Perhaps individual lawyers are willing to take your case, but they will never initiate administrative litigation, but will let you fall into a civil dispute with the developer. If this idea is to solve the problem of unreasonable compensation, then, therefore, in the case of land acquisition and demolition, you can only find a lawyer in Beijing. Don't believe it? First of all, local lawyers are unwilling to "offend" the government. The demolition was first promulgated in 199 1, revised in 200 1, and changed from demolition to expropriation in 201. In the past twenty years, what has not changed is the state that the government approves, participates in and even leads the demolition. In recent years, with the increasing proportion of land finance in local finance, new terms such as demolition, real estate, first-level land development, land consolidation and reserve have almost appeared in the public's field of vision with the needs of the system. For local lawyers, the ability of the government and developers to pay is significantly higher than that of ordinary people. Moreover, in the second and third tier cities with poor economy and weak development, the wealth difference between the government and the people more significantly determines who provides more turnover for local lawyers. For one or two cases or the so-called sense of justice, local lawyers give up their clients and market environment with more ability to pay, which is fatal to them. Secondly, the judicial bureau and the annual inspection have become deadly weapons for the government to restrict lawyers. According to China's current policy, lawyers and law firms are managed by the Bureau of Justice. From May to August every year, local judicial bureaus conduct annual inspections on local lawyers and law firms. If the annual inspection passes, lawyers can continue to practice, otherwise they can't go to court again. Demolition lawyers often confront powerful forces and offend government departments at all levels, so they are vulnerable to retaliation, which is often achieved through annual inspection or criminal cases. In most cases, the demolition party will have deep contact with the local government, which leads to the lawyers who defend the rights of the people in the project often being interviewed by the local judicial bureau. Once the lawyer's practice certificate is also in the district or the city, the district judicial bureau or the municipal judicial bureau can force the lawyer to quit the agency without passing the annual inspection. Demolition is a political case, and only Beijing has unique political resources to represent the whole country in Beijing.
Lawyer's career choice
Since the implementation of reform and opening up in China, the speed of economic development has attracted worldwide attention, which has triggered China people's desire for urbanization. However, with the large-scale urban expansion and the transformation of old areas, the problem of demolition in various places has become more and more prominent. The expansion and fierceness of this contradiction shows that the demolition problem is no longer a superficial urban construction dispute, but actually involves many aspects such as law, government functions and public rights. As far as law is concerned, housing demolition cases involve multi-sectoral disciplines, mainly administrative law. Due to the national consciousness and reality of "it is difficult for people to sue officials", lawyers are involved in traditional fields such as civil law, criminal law and economic law, accounting for 99% of the total number of lawyers, but there are very few real administrative lawyers. Therefore, many citizens feel dejected and unlucky at the mention of going to court with the government. On the government side, further, the administration according to law of grass-roots governments in China is still far from ideal, even far from enough. However, many problems involved in house demolition cases, such as the protection of citizens' private property rights, the compensation of land use rights, the judicial ruling of demolition, the disclosure of government documents, the legality of forced demolition, etc., are quite serious and even involve some criminal offences. The author has experienced a large number of demolition cases, mastered the laws and regulations of administrative law, and accumulated traditional theories and experience in civil and criminal fields, which basically enabled us to solve various problems encountered in house demolition, and at the same time, had enough wisdom to negotiate with the government to solve problems. Therefore, please find a demolition lawyer in Beijing for land acquisition and demolition cases. It can be said that you have seen half the hope of safeguarding rights by looking for a professional demolition lawyer.
Lawyer's word-of-mouth choice
The demolition lawyers in Beijing, large and small, can be described as dazzling. You can find a laundry list by a casual search on Baidu, and then look at the introduction. Which is a good lawyer who has fought many battles and defended the people, which one to choose? This requires the relocated households to polish their eyes. I'm afraid it's not for me to decide which lawyer is good. The relocated households who have been entrusted or consulted have the most say. Therefore, the reputation of lawyers can reflect some problems to some extent. A good word of mouth is like a brand of a product. It is really good to be good to everyone. In addition, lawyers or teams that focus on land acquisition and demolition cases must have a complete and constantly updated website. You know, it's easy to compile a case, but over time, hundreds of cases are made by lawyers bit by bit. Professional lawyers and teams must have in-depth research in the field of land acquisition and demolition, have their own unique opinions and views on the news of demolition and new things happening in society, and must always pay attention to the legal system construction and legal trends. All these have been done, and the lawyers' and teams' web pages must be rich in content and depth. Rome wasn't built in a day, which is different from a web page described in a few words and a web page full of many columns. I believe that the vast number of people who have been demolished can already understand the mystery.
When is the best time to invite a lawyer to intervene?
At present, urban housing demolition is roughly divided into several stages. The first stage is the decision-making stage of house demolition, which consists of application and permission. Project permission, planning permission, land use permission, scheme and funds are indispensable. In practice, it is not uncommon for local government departments to operate illegally or steal the concept. For example, replacing the relevant license documents with an opinion and letting developers "get on the bus before buying tickets" is not only a blasphemy against administrative power, but also seriously damages the rights and interests of the majority of people who have been demolished. The second stage is the negotiation stage of compensation and resettlement for house demolition. This stage is mainly to negotiate compensation for demolition and resettlement. This is a stage in which both sides of the demolition find out each other. If the demolished people have a strong legal shield, they will naturally be confident and will not be timid. Coupled with the precise attack on the illegal points of the demolition party, it is the easiest to obtain reasonable compensation and successfully complete the great cause of demolition. The third stage is the ruling stage of house demolition. Since 20 1 1 Regulations on Expropriation and Compensation of Houses on State-owned Land came into effect, the original adjudication procedure was replaced by the compensation decision procedure. However, these two programs are essentially the same. When the other party makes a compensation decision, it means the coming of forced demolition. If the demolished people are still indifferent at this time, it would be a big mistake, but we should take the time to file reconsideration or litigation procedures to prevent the forced demolition. Many parties will not use the law to protect their legitimate rights and interests, but will only refuse to accept the ruling and ignore the demolition. I wonder if this negative approach will help. If you still do nothing at this stage, you are waiting for someone else to tear down your house. The fourth is the implementation stage of house demolition, that is, the forced demolition stage. At this point, for the relocated households, it is already a passive time. However, because there are often illegal operations in the collection procedure, the demolished people still have the opportunity to turn the situation around.
To sum up, no matter at which stage, you can ask the demolition lawyer to intervene in safeguarding rights, but the effect and difficulty of safeguarding rights are different. As a lawyer who specializes in land acquisition and demolition cases, I sincerely hope that if the vast number of people being demolished face unreasonable compensation or illegal forced demolition, they must ask lawyers to intervene as soon as possible and start relevant legal procedures. Don't wait until after the forced demolition or bloody conflict. Generally speaking, it is the best time to find a demolition lawyer to intervene in the negotiation stage of demolition compensation, and the easier it is to reach reasonable compensation and move smoothly.
You can also learn more about demolition. Baidu search China enterprise demolition expert lawyer network, or directly click on www.qycq.cn, using legal weapons to reasonably safeguard their legitimate rights and interests.