1. How to prosecute illegal buildings demolished on collective land?
1. The litigation methods for the demolition of illegal buildings on collective land are as follows
(1) Write a letter of complaint.
First, write the basic information of both parties of the original defendant, then list the litigation request (the purpose and requirements of private prosecution), and finally write the ins and outs of the matter clearly.
(2) Bring a copy of the indictment (according to the number of defendants) and evidence (iou or contract) to the local court for filing.
(3) After filing the case, go home and wait patiently. The court served the indictment, notice of proof, notice of proof and defendant's defense on the defendant.
(4) You will be served with a summons after the date of trial is determined, and you will attend the trial in court according to the date on the summons.
2. In the field of demolition, the types of illegal buildings mainly include:
(1) Failing to obtain a planning permit for construction projects or failing to carry out construction in accordance with the approved scope and contents despite obtaining a planning permit for construction projects;
(2) Self-built houses, that is, self-built buildings around existing houses, courtyards, roofs and balconies;
(three) buildings and structures newly built, rebuilt or expanded on collective land (including contracted land and homestead) without approval, and the right to use collective land is obtained through private transfer of farmers;
(four) the occupation of state-owned land and illegal occupation of rural collective land to build new buildings and structures;
(5) Unauthorized occupation of fixed pavilions, houses, etc. Built in corridors, roadsides, public green spaces, corridors and sidewalks;
(six) buildings and structures newly built, expanded and rebuilt after the scope of demolition and collection is determined.
Second, how to deal with illegal buildings on collective land?
(1) The first case belongs to the incremental "illegal building", which is actually regulated by the current administrative regulations. Article 44 of the Administrative Punishment Law stipulates that after the administrative punishment decision is made according to law, the parties concerned shall perform it within the time limit of the administrative punishment decision. According to this regulation, when government departments find that illegal buildings are under construction, they should make administrative penalties to stop construction according to the provisions of the Urban and Rural Planning Law and other laws and regulations. If the illegal builder fails to perform within the time limit decided by the administrative penalty, he can be removed according to law after performing legal procedures such as announcement, reconsideration or litigation notice and reminder.
(2) The second case does not belong to the category of illegal buildings, but belongs to houses legally built for historical reasons. According to Article 30 of the Property Law, property rights can be obtained, which should be fully included in the scope of demolition compensation.
(3) The third case belongs to the illegal building objectively formed under the subjective understanding of the parties. If it is calculated from the specific identification and processing time node, it will be handled according to the first case; Those who exceed the limitation of punishment shall be dismissed according to Article 29 of the Administrative Punishment Law. Based on stable social relations, it should be fully included in the scope of compensation for demolition.
(4) The parties and the government are at fault for the illegal construction caused by the fourth situation. Because the government is in a strong position in administrative relations, its fault degree should be higher. When dealing with these illegal buildings, they should be included in the scope of demolition compensation, and the proportion can be considered above 70% of the standard compensation.
(5) The fifth case is illegal construction caused by government acquiescence. For the administrative actions that the government should actively perform its duties, taking measures or inaction such as replacing demolition with punishment or hosting with punishment within two years should also be presumed as government acquiescence. For the illegal buildings caused by this situation, if the parties should bear the burden of proof acquiesced by the government within the limitation of punishment, they should naturally all be included in the scope of demolition compensation; If it exceeds the limitation of punishment, that is, it belongs to the illegal building beyond the limitation of investigation, it should be included in the scope of demolition compensation in accordance with the second case.
(6) The sixth case is the illegal construction of others obtained by the transferee. In this case, the specific identification and treatment period of illegal buildings should be traced back to the time node when the original occupants of illegal buildings "completed". If the illegal building is within the limitation of punishment, the transferee shall be compensated for the owner of the illegal building in order to compensate the direct losses of the parties and minimize the losses of the parties; If it exceeds the limitation of punishment, it should also be included in the scope of compensation for demolition in accordance with the second case.
(7) The seventh situation is shanty towns. Based on the principle of seeking truth from facts, it is appropriate to take appropriate compensation.
(8) The eighth case is that the illegal revocation of the party's license caused by government expropriation actually violates the regulations. The parties may claim compensation and compensation according to Article 45 of the Administrative Procedure Law.
To sum up, the lawsuit against the demolition of illegal buildings on collective land can only be brought if a lawsuit document is written, and a lawsuit can be brought to the people's court. If citizens encounter illegal demolitions, they can not only complain to the procuratorate, but also bring a lawsuit to the people's court. These two institutions will handle this case. There are still many ways to deal with illegal buildings on collective land. You can take a closer look at it.