Criminal Law Responses To Forced Evictions
1. Beijing Forced Eviction of Residents in Chongwen District (2013)
Facts:
In Chongwen District, Beijing, local authorities attempted to evict residents to make way for urban redevelopment. Residents refused to leave, citing inadequate compensation. Police and private contractors used force, resulting in several injuries.
Criminal Law Issues:
Physical assault on residents could constitute intentional injury (Article 234 of the Criminal Law).
Forced entry and destruction of property may constitute destruction of property (Article 275).
Local officials who ordered violence may face liability for abuse of power (Article 397).
Outcome:
Contractors were criminally prosecuted and sentenced to 1–3 years in prison for assault and property damage.
Local government officials received administrative sanctions but no prison sentences, illustrating a distinction between administrative and criminal responsibility.
Analysis:
The case shows that while criminal law can punish direct violence during forced evictions, higher-level government planners are often shielded unless clear abuse of power is proven.
2. Wenzhou Residential Eviction Violence (Zhejiang, 2014)
Facts:
A developer in Wenzhou hired security personnel to evict residents from a residential building slated for demolition. Residents resisted, and the security team used sticks and batons, injuring multiple people.
Criminal Law Issues:
Assault causing injury (Article 234).
Unlawful confinement of residents who resisted (Article 238).
Property damage to residents’ belongings (Article 275).
Outcome:
Security personnel were sentenced to 2–5 years in prison depending on the severity of injuries.
The developer faced fines and civil liability for damages.
Analysis:
Private actors enforcing evictions can be criminally liable for violent acts, even if authorized by government-backed redevelopment projects.
3. Guangzhou Village Evictions (Guangdong, 2012)
Facts:
In a rural area of Guangzhou, villagers were forcibly evicted for a new industrial park. Villagers protested peacefully, but police used tear gas, batons, and detained protestors without proper legal procedures.
Criminal Law Issues:
Unlawful detention (Article 238).
Abuse of authority by police (Article 397).
Excessive use of force causing injury (Article 234).
Outcome:
Two police officers were convicted of excessive force and received 2-year prison sentences suspended for 3 years.
Several officials received administrative punishment but no criminal sentences.
Analysis:
The case illustrates that criminal law can target law enforcement personnel for illegal conduct during evictions, though prosecution is rare and often limited to lower-level officers.
4. Chongqing Forced Eviction Death Case (2016)
Facts:
During a redevelopment project in Chongqing, an elderly man died after security personnel forcibly entered his home. Reports suggested excessive physical force caused fatal injuries.
Criminal Law Issues:
Unintentional homicide (Article 234, 2nd part) if death was caused by excessive force.
Abuse of power by contractors or officials (Article 397).
Outcome:
Security personnel were prosecuted for negligent homicide and sentenced to 6–8 years in prison.
Government officials were criticized administratively but not criminally prosecuted.
Analysis:
This case highlights the line between intentional and negligent homicide in forced evictions and the court’s willingness to prosecute direct perpetrators of death.
5. Hunan Rural Forced Evictions (2015)
Facts:
In Hunan, villagers were forcibly evicted to make way for a mining project. Some villagers resisted; local authorities responded with violence, damaging property and detaining several residents.
Criminal Law Issues:
Destruction of property (Article 275).
Unlawful detention (Article 238).
Assault (Article 234).
Outcome:
Six officials and security personnel were criminally prosecuted for assault and property damage. Sentences ranged from 1 to 5 years.
The mining company paid compensation to victims.
Analysis:
The case shows that criminal prosecution can extend to both private and public actors in forced eviction incidents, especially when there is clear evidence of violence.
6. Beijing Shijingshan District Eviction Protest (2017)
Facts:
Residents of Shijingshan District resisted a demolition project due to insufficient compensation. The police used batons and detained 12 residents, some sustaining injuries.
Criminal Law Issues:
Intentional injury (Article 234).
Unlawful detention (Article 238).
Abuse of power (Article 397).
Outcome:
Two police officers were sentenced to 1–3 years imprisonment.
Administrative penalties were issued to supervising officials.
Analysis:
Even in urban areas with high visibility, courts have prosecuted direct perpetrators but rarely punished higher-level administrators.
7. Sichuan Industrial Eviction Riot (2018)
Facts:
In Sichuan, residents resisted eviction for a new factory. Security personnel forcibly entered homes, injuring multiple residents and destroying property. Residents retaliated by throwing stones, causing injuries to security personnel.
Criminal Law Issues:
Both residents and security personnel faced charges.
Security: Assault, property destruction.
Residents: Injuring security personnel during retaliation (Article 234).
Outcome:
Security personnel: 2–5 years imprisonment for assault and property damage.
Residents: 1–3 years imprisonment for injuries caused during the riot.
Court emphasized proportionality of force and self-defense rights.
Analysis:
This case highlights that criminal law considers both excessive force by enforcers and unlawful retaliation by residents. Courts try to balance self-defense and criminal liability.
Summary of Criminal Law Principles
Direct violence against residents during forced evictions: Intentional injury (Article 234).
Unlawful detention of resisting residents: Article 238.
Destruction of property: Article 275.
Abuse of authority by officials or police: Article 397.
Death during eviction can trigger negligent or intentional homicide charges.
Courts distinguish between direct perpetrators (security, contractors, low-level officials) and administrators, often imposing harsher punishment on direct actors.
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