標題: summed up the two focus of controversy [打印本頁] 作者: aj5tF3n2g2 時間: 2015-6-16 11:49 標題: summed up the two focus of controversy This letter is this lawsuit fuse, Shiu Wing new couple and their agents (right), Deputy Director Li Ruhai provincial committee (left) yesterday sat, drawing on original dock Li Rongrong
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Our Wuxi City Land Resources Bureau of the respondent, the Jiangsu Provincial Department to apply for administrative reconsideration,air jordan pas cher, in full compliance with the law. Land and Resources Department should conduct specific compensation and resettlement notice related to administrative review, but it did not fulfill their duties, are not to act.
- Wuxi new farmers Shiu Wing
In accordance with legal procedures, we Land and Resources Department act in strict accordance with legal procedures, not entitled to accept a specific administrative act immature, therefore, want the court to dismiss the plaintiff's claim.
- The provincial committee deputy director Li Ruhai
"Deputy director of the Office of Land and Resources of the respondent personally, which we did not expect." Yesterday afternoon, the Nanjing Intermediate People's Court administrative tribunal,http://www.loveziyan.com/forum.php?mod=viewthread&tid=673618, farmers Shiu Wing Wuxi and the Jiangsu Provincial Department of New Couple sat, former deputy director dock. The cause of the lawsuit is to Shiu Wing Couple of administrative reconsideration filed refused to set aside land acquisition announcement, which are not considered as Land and Resources Department.
"People suing government officials," the lawsuit by the deputy director to come forward to respond, which is rare in Jiangsu Province, has attracted media attention. In the courtroom, Jiangsu province, more than a dozen media reporters to attend staff accounted for more than half. After nearly two hours of trial, the court did not in court for sentencing. The judge said, because the original defendant divergence for the focus of controversy, the court will choose a sentencing date after the collegiate.
In May 2010, Wuxi Huishan Yang Town, organize relevant personnel, will demolish hundreds of acres of peach garden, a geological museum land, local villagers Shiu Wing 8 acres of Taoyuan new couple was among them. After that, the couple went to Wuxi Shiu Wing new land and resources inquiry, that as early as November 26,http://www.huihaoyi.com/bbs/forum.php?mod=viewthread&tid=273615, 2009, Wuxi Huishan Bureau of Land and Resources Bureau to make a "compensation and resettlement program announcement" (2009 [in] Article No. 092027, hereinafter referred to as "Notice").
Shiu Wing Young couple said Yang Town is the origin of Yangshan peaches, is China's famous peach production base. Meike peach growth period of 5 years, with each of them 300 Peachtree result, average per catty, for every tree yields about 150 pounds per year, an acre of land 40 peach production is 6000 kg . In accordance with the standard 10 dollars a pound, up to more than 60,000 yuan per mu income. "But the compensation standard was more than 10,000 yuan per mu, the standard is unfair." Then, Shiu Wing instituted a new administrative reconsideration to the Jiangsu Provincial Department, called for the repeal of the announcement.
January 5, 2011, the Jiangsu Provincial Department to Shiu Wing couple issued a new "administrative review this letter" (hereinafter referred to as "this letter"), that "announcement" is a formulation announcement, comments of behavior,http://bbs.xixisd.com/showtopic-6743231.aspx, has not been approved by law for a specific administrative act immature, it does not belong to the scope of accepting cases of administrative reconsideration.
Shiu Wing new couples think of Jiangsu Provincial Department of "omission" and taken to the other court, asked to confirm its issued "this letter" of the specific administrative act as illegal, and asked the court to order them to accept the plaintiff's application for administrative reconsideration.
The provincial committee deputy director appear in court
3 o'clock yesterday afternoon, a dozen villagers came from Wuxi to Nanjing, they entered the administrative court early, expect to be able to discuss a statement. While in the dock, two men have been seated.
It is reported that, in the case of administrative proceedings in Jiangsu Province, deputy director of the respondent personally in court, is still relatively rare. "Deputy director to appear in person, or at least a good sign." Deputy Minister of Land and Resources that the respondent personally, sitting plaintiff gallery of Shiu Wing was some happy new couple, but they still said, "do not do practical things It is the most critical. "
In this capacity sitting in the dock, to for the first time. For the villagers use legal means to protect their rights regarding land and resources sued, he said respect and welcome. "Of course, I do not want such things to happen more,louboutin milano, if it means that we work out of the question."
In the nearly two-hour trial, Li Ruhai basically not spoken to the survey from the previous trial court debate, are lawyers endorsement. But he has not been idle,http://www.zhangduoyao.com/forum.php?mod=viewthread&tid=407567, took notes, and still whisper a lawyer. In the final presentation stage of the trial, Li Ruhai personally made a statement: "In accordance with legal procedures, we Land and Resources Department act in strict accordance with legal procedures,http://www.xiyatour.com/home.php?mod=spacecp&ac=blog&blogid=, not entitled to accept a specific administrative act immature, therefore, want the court to dismiss the plaintiff's claim."
Watch the scene
Two disputes into court Focus
So the higher degree of concern case, the Nanjing Intermediate People's Court sent the experienced collegial panel of judges Shallow to serve as the presiding judge. Full Court after investigation, summed up the two focus of controversy, both the original defendant guide debated.
"This letter" legal?
October 15, 2010, the new couple Shiu Wing Wuxi City Land Resources Bureau to apply for compensation for land acquisition of land in question, after November 25, Huishan branch to a early as November 26, 2009 has been issued a "notice", notice relates to the compensation standard of land.
Shiu Wing new view, Huishan branch is affiliated branch in Wuxi City Land Resources Bureau, should be responsible for their actions by the Wuxi City Land Resources Bureau, so they in Wuxi City Land and Resources Bureau of the respondent, the Jiangsu Provincial Department to apply for administrative review, in full compliance with the law. Land and Resources Department should notice specific acts related to administrative review, but it did not fulfill their duties, are "omission." For the Land and Resources Department to make this letter, Shiu Wing Young couple considered illegal.
In this regard, the Jiangsu Provincial Department denied. They said, January 4, 2011, Department of Land Resources has received an application for administrative reconsideration Shiu Wing proposed a new couple, after examination that the application does not comply with the law, inform that it does not belong to the scope of accepting cases of administrative reconsideration, and on January 5 Japan made "this letter." The actions are consistent with the provisions of Article 17 of the Administrative Review Law, it is made according to the law.
"Notice" is to review?
Shiu Wing Young couple believes that involving land expropriation, Jiangsu Provincial People's Government, 370 text-based, after Wuxi Huishan Bureau of Land and Resources Bureau of land compensation and resettlement scheme after the approval of municipal and county governments, is to make the land After the decision of a specific administrative act, the compensation standards for land rights and compensation amount of controversy is the administrative dispute, part of the executive compensation category. Shiu Wing New said that behavior inevitable and direct impact on the rights of land rights is the specific administrative act.
Land and Resources Department denied the claim. They said that Huishan branch to make "announcement", is based on their implementation of the regulations of the Land Administration Law Article 25 provides that the compensation and resettlement program announcement and listen activities, compensation and resettlement program announcement must be reported to city and county government approval before they get organized and implemented, therefore, the announcement of specific rights and obligations relative who does not have an impact, do not belong to the administrative reconsideration case range.
Neighboring villages come to Nanjing for the Plaintiff
"We support the new couple's behavior of Shiu Wing, Land and Resources Department should give us a statement." After the trial, participate as observers of some villagers emotional. The reporter asked that the villagers with Shiu Wing couple is not a new village, related to the land nor the same nature. They said that just because a similar situation, so come Solidarity Shiu Wing new couples.
It is understood that the Jiangsu Provincial Department of the demolition involved in Taoyuan, with Shiu Wing village with new villagers, a total of 33 100 people, including 32 residents have been in accordance with the compensation standards prescribed by local governments, to receive the compensation, Currently, only one did not receive new Shiu Wing, "but after calculation, should compensate more than 80,000 yuan funds, the money has also been unified fight to the designated account of the village, ready to receive new Shiu Wing." In addition, According to relevant regulations, the local government has also involved the villagers for the landless peasants social security benefits. For this statement, Shiu Wing said the new "do not know", but also "did not get a penny of compensation."
Shiu Wing also said the new "Taoyuan has long been demolished,christian louboutin uomo, and their so-called construction Geological Museum, has become a resort." Shiu Wing contends that the local government in the name of the construction of volcanic geology museum, built the resort. Presented to reporters at his picture on the "Yangshan Spa Resort," the characters particularly conspicuous. In the back of this big brand, it is a refined villa.
Views
Villagers told it wrong?
Jiangsu's Code of Lawyer Chou Haijun said the villagers could tell it wrong.
Chou Haijun said, according to the law, generally consists of land and resources to publish a notice of land acquisition compensation for comments, and will specify the deadline for comments and manner. The announcement, after the approval of the city and county departments, was formally implemented. The formal implementation of the scheme, the law does not provide for re-announcement of the program, but the programs are generally sent to the next village and land acquisition related to convey on behalf of the village to the villagers. If villagers think that the compensation is too low, it can reflect the local authorities were unsuccessfully to negotiate land may apply to the approval of government departments for administrative adjudication.
The legal profession who participated in the trial observers also said the case of the claims of the villagers and the corresponding facts and reason, not very clear, "the villagers' opinions should focus on the compensation standards, the best way is to apply for administrative adjudication . "The source said that if the construction of the museum is really the name of the construction of the resort, the villagers can report it.
Whether officials appear in court
It is the rule of law benchmark
Executive in charge of "people suing government officials" appear in court proceedings, Jiangsu forefront of the country. The past three years, courts in the province a total of 4,871 administrative cases have administrative organ respondent court. Last year, the executive head of Nantong, Yangzhou, Yancheng and Suqian nine provincial cities of First Instance appear in court more than 50%, which reached 96.1% in Nantong; nearly half of the counties (cities, districts) than 80%, MSC County for five consecutive years to maintain 100%.
Executive heads appear in court what is the point? Supreme People's Court Vice hospital in Nantong Yangtze River will be the new primary site to promote the meeting, said: "A government is not accountable to the people, the people in charge are not brave enough, administrative actions is reflected in a collective executive head of respondent court. ,hogan rebel, the rule of law is important in legal balance, the people and government have equal legal status,scarpe louboutin, it marks our government is to respect the legitimate rights and interests of the people. If the respondent an administrative officer, he did not dare face up in court his counterpart, at least not confident that he has no right to respect people's consciousness, so it is a benchmark of the rule of law. "
It is worth mentioning that in June 2008, Jiangsu Province, Nanjing Intermediate People's Court held a public hearing together with "people suing government officials" case, the plaintiff is in Changzhou, a middle-aged peasant couple, and as a lawyer appear in court accused of , deputy director of Jiangsu Provincial Department of Wu Zhenjiang, the cause is also a plaintiff to apply for administrative reconsideration is not admissible in court Jiangsu first department-level executive heads of the respondent.
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