Law

Over 400000 yuan of demolition compensation has finally been received

2025-12-31   

I finally let go of my hanging heart... "Zhang, a party involved in an administrative litigation supervision case, sighed to the prosecutor handling the case in a city in Shandong Province after receiving more than 400000 yuan in compensation. The reporter learned that in the supervision of this complex dispute case involving leasing, building, and compensation for expropriation, the procuratorial organs not only upheld the legal bottom line but also responded to the urgent and difficult concerns of the masses, ultimately leading to a substantial resolution of this administrative dispute. In October 2009, Zhang signed a 20-year courtyard lease contract with a residential committee. In 2011, with the written consent of the neighborhood committee, Zhang fully funded the construction of two new houses in the courtyard to expand the business scale. In 2018, the neighborhood committee issued a written certificate stating that "Zhang built his own house in the leased courtyard. In the event of expropriation and demolition, the relevant compensation benefits belong to Zhang." In October 2021, the courtyard was lawfully included in the expropriation scope, but the compensation matters that should have been reasonable suddenly changed. In August 2022, the neighborhood committee sued Zhang to the court on the grounds of a lease contract dispute. After trial, the court found that the lease contract involved in the case was invalid due to the lack of a planning permit for the house, and ordered Zhang to return the courtyard and pay the occupancy fee. Zhang was dissatisfied and appealed, and the second instance court upheld the original verdict. In October 2022, Zhang was rejected when applying for compensation for expropriation to the relevant administrative department, on the grounds that the neighborhood committee was a legal expropriated person and Zhang was only a tenant. The relevant dispute has been resolved through civil litigation. In July 2023, Zhang filed an administrative lawsuit, and the court rejected his claim on the grounds that he was not a statutory subject of expropriation. The house was built by me, and the neighborhood committee promised to compensate me. How did it become that I am not qualified to ask for money? ”Zhang reported the situation to the relevant departments and the case clues were transferred to the procuratorial organs. After accepting the case, the procuratorate of a certain city in Shandong Province initiated the administrative procuratorial supervision procedure in accordance with the law. After multiple investigations and verifications, the key facts have gradually become clear: Zhang fully invested in building his own house with the explicit consent of the neighborhood committee, the construction process is legal, and it does not belong to illegal construction; The neighborhood committee has always recognized the validity of the certificates issued in 2018; In the initial compensation agreement signed between the relevant administrative department and the neighborhood committee, the area of Zhang's self built house has been included in the accounting scope, but the corresponding compensation amount has not been separately listed, which constitutes incomplete performance of duties. On August 30, 2024, the procuratorial organ issued a recommendation for retrial to the court in accordance with the law. The investigating prosecutor actively coordinated with the court, relevant administrative departments, and neighborhood committees to hold a coordination meeting, interpreting and reasoning around the basic principle of fairness of "whoever invests, who builds, and who benefits", clarifying the legal obligation of good faith performance to the neighborhood committee, and also clarifying the statutory responsibility of compensation accounting to relevant administrative departments. After multiple communications and coordination, all parties have reached a consensus. On September 19 of the same year, the relevant administrative departments re signed a compensation agreement with the neighborhood committee, specifically accounting for the reset cost, operational losses, and other rights of Zhang's self built house, determining a compensation amount of over 400000 yuan, and agreeing to pay Zhang in full through the neighborhood committee. Immediately, Zhang voluntarily withdrew the application for retrial. At the beginning of 2025, the procuratorial organs organized relevant administrative organs to hold a special symposium to explore specific ways to improve the norms of demolition and relocation work, in response to the difficult issues of contract validity determination and compensation object identification that are prone to occur in demolition and relocation compensation work. Afterwards, both parties strengthened communication and cooperation, further clarifying that the accounting and distribution process of compensation funds should be strictly standardized in the collection and compensation work, ensuring that the compensation funds can be accurately and timely distributed to the actual rights holders, and reducing the occurrence of such administrative disputes from the source. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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