Administrative ruling on disputes over house demolition:
The people's court will not accept the demolition or the demolition and resettlement agreement has not been reached between the demolition and the lessee, and bring a civil lawsuit to the people's court on the dispute over compensation and resettlement, and inform the parties that they can apply to the relevant departments for a ruling in accordance with the demolition regulations.
According to article 3 1 of the new demolition regulations:
If the expropriated person is forced to move by illegal means such as violence, threat or interruption of water supply, heat supply, gas supply, power supply and road traffic in violation of regulations, and losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Article 32:
Take violence, threats and other methods to hinder the housing expropriation and compensation work carried out according to law, which constitutes a crime, and shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Housing demolition management department is the demolition, managed by the people's government at the same level. The contents of the ruling include the compensation method and amount, the area and location of the resettlement house, the relocation period, the relocation transition mode and the transition period. The ruling shall be made within 30 days from the date of accepting the application.
Extended data:
Disputes over house demolition shall be brought to the people's court according to law:
"the Supreme People's Court's Reply on Accepting Cases of Compensation and Resettlement for House Demolition" stipulates: "If one or both parties renege after the demolisher and the demolished person reach an agreement, the people's court shall accept it as a civil case, without an administrative ruling."
Demolition compensation and resettlement agreement is a contract that stipulates the civil rights and obligations of the parties to the demolition. The legally established demolition compensation and resettlement agreement is binding on the parties. If one party fails to perform the agreement or the performance of the agreement does not conform to the agreement, it may bring a civil lawsuit to the court according to the General Principles of the Civil Law and the Contract Law, and demand the other party to bear corresponding civil liabilities.
There are two situations in which a party brings a civil lawsuit to a people's court. First, after the conclusion of the demolition compensation and resettlement agreement, if the demolished person or lessee refuses to move within the relocation period, the demolished person may bring a lawsuit to the people's court according to law after the expiration of the relocation period.
Second, after an agreement is reached between the demolisher and the demolished, if the two parties fail to reach an arbitration agreement, and one or both parties renege, the other party may bring a civil lawsuit to the court.
Demolition and demolition or demolition, demolition and housing tenant can not reach the demolition compensation and resettlement agreement, apply to the parties, and the demolition management department at the same level will decide first. Only after the administrative ruling, if the parties are still dissatisfied, can administrative proceedings be brought. Administrative adjudication is the pre-procedure of administrative litigation.
The house demolition management department that executes the ruling is the house demolition management department of the local people's government at or above the county level. Housing demolition management department is the demolition of people, by the people's government at the same level. The ruling shall be made within 30 days from the date of accepting the application.
Baidu encyclopedia-house demolition dispute