Supreme Law: If the illegal buildings on the homestead are forcibly demolished, the administrative organ shall still compensate and settle


Therefore, in accordance with the provisions of Item 3 and Item 4 of Article 91 of the Administrative Procedure Law of the People’s Republic of China, the court applied for a retrial, requesting that the administrative judgment of Henan Provincial Higher People’s Court (2019) YHZ No.

6, Yingbin Avenue, Xinyang City, Henan Province.

Chen Miao Group had received land compensation, and Chen Li and other four people had obtained the right to land compensation.

Respondent (plaintiff of first instance and appellant of second instance): Chen Li, female, born on August 25, 1966, Han nationality, living in Pingqiao District, Xinyang City, Henan Province.

The gist of the judgment: The right to use the homestead is a basic right of the members of the rural collective economic organization, and the rural villagers should be guaranteed to live in their own homes.

Our court has formed a collegial panel for review according to law, and the review has been concluded.

The Administrative Ruling of the Supreme People’s Court of the People’s Republic of China (2020) No.

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Legal representative: Xiong Kaicheng, director of the management committee.

Although Chen Li and other four people built houses without approval, and the houses were identified as illegal buildings and have been forcibly demolished, they still enjoy the right to use the homestead.

The Xinyang High-tech Zone Management Committee only refused to grant compensation and resettlement to Chen Li and other four people on the ground that the houses built by Chen Li and other four people are illegal buildings and the original houses have collapsed.

Although the family has lived outside for a long time, it does not lose the membership of the village’s collective economic organization and the right to use the homestead.

Chen Li and other four people have no houses, and the two existing illegal buildings have been forcibly demolished by the administrative law enforcement body.

Entrusted litigation agent: Wang Shunfei, staff member of the Legal Affairs Office of the Management Committee of Xinyang High-tech Industrial Development Zone, Henan Province.

Xinyang High-tech Zone Management Committee should compensate and settle Chen Li and other four people based on the right to use the homestead legally enjoyed by Chen Li and other four people.

Respondent (plaintiff of first instance and appellant of second instance): Hua Yicong, female, born on July 12, 2010, Han nationality, living in Pingqiao District, Xinyang City, Henan Province.

In the second instance, the applicant Henan Xinyang Hi-tech Industrial Development Zone Management Committee (hereinafter referred to as the Xinyang Hi-tech Industrial Development Zone Management Committee) was involved in the case of administrative expropriation with the respondent Chen Li, Hua Anmin, Hua Ning and Hua Yicong (hereinafter referred to as Chen Li) and the respondent Henan Xinyang Municipal People’s Government and the Chengdong Sub-district Office of Xinyang Hi-tech Industrial Development Zone, Henan Province, He refused to accept the administrative judgment of Henan Higher People’s Court (2019) YHZ No.

Legal representative: Shang Chaoyang, mayor of the municipal people’s government.

Although Chen Li and other four people built houses without approval, and the houses were identified as illegal buildings and have been forcibly demolished, they still enjoy the right to use the homestead.

The court of second instance ordered the Xinyang High-tech Zone Management Committee to compensate them without legal basis.

Legal representative: Shi Zhan, director of the office.

Entrusted litigation agent: Liu Xiwang, lawyer of Henan Wentong Law Firm.

After Chen Li got married, her husband and children who moved in with her also enjoyed the rights of members of the village’s collective economic organization according to law.

3767 be rescinded according to law, and that the lawsuit claims of Chen Li and other four people be rejected.

In this case, as a villager of Chenmiao Group, Liuwa Village, Pingqiao District, Xinyang City, Henan Province, Chen Li’s registered residence has not been changed, and he should legally enjoy the rights of members of the village’s collective economic organizations, including the right to use the homestead.

As for whether Chen Li and other four people have legal houses on the homestead, it is one of the factors to determine the compensation standard in the compensation and resettlement process.

In this case, as a villager of Chenmiao Group, Liuwa Village, Pingqiao District, Xinyang City, Henan Province, Chen Li’s registered residence has not been changed, and he should legally enjoy the rights of members of the village’s collective economic organizations, including the right to use the homestead.

Legal representative: Chen Li (mother of Hua Yicong), female, born on August 25, 1966, Han nationality, living in Pingqiao District, Xinyang City, Henan Province.

After examination, the court believes that the right to use the homestead is a basic right of the members of the rural collective economic organization and should ensure that rural villagers can live in their own homes.

Respondent (plaintiff of first instance and appellant of second instance): Hua Anmin, male, born on December 6, 1966, Han nationality, living in Pingqiao District, Xinyang City, Henan Province.

13515 of the Supreme Court of the People’s Republic of China (the defendant in the first instance and the appellee in the second instance): the Administrative Committee of Xinyang High-tech Industrial Development Zone, Henan Province, with its domicile at No.

The Xinyang High-tech Zone Management Committee is the main body of the house expropriation rather than the main body of the land expropriation.

Xinyang High-tech Zone Management Committee should compensate and settle Chen Li and other four people based on the right to use the homestead legally enjoyed by Chen Li and other four people.
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3767 and applied to this court for retrial.

The appellee of the second instance (the defendant of the first instance): Xinyang Municipal People’s Government of Henan Province, with its domicile at the administrative office area of Xinwu Road, Yangshan New District, Xinyang City, Henan Province.

Although the family has lived outside for a long time, it does not lose the membership of the village’s collective economic organization and the right to use the homestead.

The appellee of the second instance (the defendant of the first instance): Chengdong Sub-district Office of Xinyang High-tech Industrial Development Zone, Henan Province, with its domicile in Xinyang Industrial City, Xinyang City, Henan Province.

The Administrative Committee of Xinyang High tech Zone applied for retrial and said that Chen Li and other four people did not enjoy the right to use the homestead because the collective land (including homestead) of Chenmiao Group, Liuwa Village, Pingqiao District, Xinyang City, Henan Province, where their registered residence is located, is located in Xinyang ×× New Area ×× Before the house was expropriated in 2017, it had been expropriated as state-owned by the land acquisition department.

Neither the collective land of Chen Li and other four people has been expropriated nor their houses have been demolished.

After Chen Li got married, her husband and children who moved in with her also enjoyed the rights of members of the village’s collective economic organization according to law.

Chen Li and other four people also failed to provide legal and local normative documents for the 1085500 yuan they applied for.

Respondent (plaintiff of first instance and appellant of second instance): Hua Ning, male, born on August 25, 1998, Han nationality, living in Pingqiao District, Xinyang City, Henan Province.

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