China News, Taiyuan, June 16 (Liu Xiaohong) The Shanxi Provincial High People's Court released the top ten cases of administrative trials through a press conference on the 16th. Among them, Shanxi public Wang Mou did not reach a compensation and resettlement agreement with the relevant departments due to house demolition. The balcony of the house was subsequently forcibly demolished by the Luzhou District People’s Government of Changzhi City, so Wang Mou sued the Luzhou District People’s Government to the court, Shanxi The second trial of the Provincial High Court ruled that the people's government of Luzhou District forced the illegal demolition.
In September 2018, the Luzhou District Government of Changzhi City, Shanxi Province made the "Decision on the Acquisition of Houses on State-owned Land in the Changfeng Area Shanty Town Renovation Project" and the "Compensation Plan on House Acquisition in the Changfeng Area Shanty Town Renovation Project". On October 12, 2018, the Luzhou District Government issued the "Announcement on the Decision on the Expropriation of Houses on State-owned Land in the Renovation Project of the Changfeng Area Shanty Town". Wang is a resident of the Changzhi Public Transport Company Area, and the house he lives in is within the scope of this shantytown renovation.
On November 19, 2018, the house involved in the case participated in the housing reform of the Changzhi Public Transport Company, and Wang paid the fee for the housing reform. During the expropriation process, Wang did not reach an expropriation compensation and resettlement agreement with relevant departments. On January 3, 2019, the balcony of the house in question was demolished. Wang Mousui filed a lawsuit in this case, requesting confirmation that the Luzhou District Government had forcibly demolished the balcony of his house.
The first instance of the Jincheng Intermediate People’s Court held that the case was that the expropriated person had a disagreement with the resettlement compensation clause of the Changfeng shantytown reconstruction project of the Luzhou District Government. The dispute is the resettlement compensation during the acquisition process. Wang’s request to confirm that the Luzhou District Government’s demolition of the balcony of the house was illegal. The purpose of the lawsuit was to force the government to reach a resettlement compensation agreement with it. This request cannot be supported. The judgment dismissed Wang's lawsuit.
Wang was dissatisfied and filed an appeal. The second trial of the Shanxi Provincial Higher People’s Court held that, based on the facts found in the original review, Wang’s legal rights and interests were damaged in the forced demolition of balconies by the Luzhou District Government, and he has an interest in the forced demolition of balconies. litigation. According to the provisions of Article 28 of the Regulations on the Acquisition and Compensation of Houses on State-owned Land, the government's acquisition of houses on state-owned land involves compulsory execution, and it shall apply to the people's court according to law. In this case, Wang Mou did not sign an expropriation compensation and resettlement agreement, and the Luzhou District Government directly enforced the demolition of the balcony of the house involved, which was beyond the legal authority. Because the act of compulsory demolition is a factual act and there is no revocable content, it should be confirmed as illegal according to law. The original judgment dismissed Wang's lawsuit request, which was an error of applicable law and an inappropriate judgment result, and should be corrected. Then the original trial decision was revoked, and the sentence was changed to confirm that the forced demolition of the balcony of Wang's house by the Luzhou District Government was illegal.
Houses are the material basis for the people to live and work in peace, and balconies are an essential part of houses, which have an important impact on improving the comfort of living and maintaining and increasing the value of houses. A judge from the Shanxi High Court told reporters that law enforcement civilization is an important manifestation of urban civilization, and demolition according to law is an important manifestation of law enforcement civilization. Illegal demolition and violent demolition not only seriously damage the good image of the government, but also seriously infringe upon the legitimate rights and interests of property owners, and should be prohibited.
In this case, without properly implementing compensation and resettlement, the Luzhou District Government demolished the balcony of the house involved in the scope of the expropriation, which directly affected the overall value and use function of the house and infringed the legitimate rights and interests of property owner Wang Mou . The court of second instance adhered to the judgment concept of comprehensive and legal protection of the lawful rights and interests of the parties, correctly interpreted the object and scope of the forced demolition, and conducted a legality evaluation according to law, which maximized the protection of the rights of the property owner, and has the right to improve the level of law enforcement and strengthen the protection of property rights. Demonstration significance. (Finish)