DavidCadogan.ca Forums » DavidCadogan.ca

do not reply

(1 post)
  • Started 10 years ago by sfkeiIOw9g

  1. Urban transformation process, more and more people facing the wrecking<br>When the 30 years of Wang Zili judge did not think that one day he will become the plaintiff, through a lawsuit to keep his house. He was even more surprised to learn that the familiar face of the court, but how their cases can not be placed on file.<br> <br>Surging tide demolition, Wang Zili truly experience the difficulties of a report Hui officer.<br> <br>New house case "died"<br> <br>63-year-old, a retired judge Jinghu District Court. September 2009, he submitted, together with other 38 owners to Wuhu City Intermediate People's Court administrative complaint, sued the Mirror Lake area construction committee illegal demolition.<br> <br>According to the administrative complaint it shows that in the 39 plaintiffs, 14 cadres of human Jinghu District Court, 8 artificially Jinghu District Court retired cadres. Another three people from Jinghu District Court raised three mountain court office.<br> <br>These and Jinghu District Court closely linked officially became owners evicted in June 9 - the owners have received demolition Ltd. Wuhu Tongda served "To BaoXing 1,2 letter plots relocatees "They live in the Mirror Lake area is located in the cultural road Winco apartment (Jinghu District Court dormitory), thus becoming the demolition object.<br> <br>Subsequently, the owners from around the company to get a Mirror Lake District Construction on June 8, 2009 issue of Mirror Lake Construction Investment Co.,Female students were white me, Ltd. (Mirror Lake Construction Investment) of the house demolition permit (demolition Xu word 2009 No. 08 ).<br> <br>"Such a good house,he turned to look, how can I say demolition on the demolition of it?" December 28 at noon, Winco apartment within a 2005 decided to move the old man said, somewhat puzzled.<br> <br>Winco There are two apartment buildings, Building 1, Unit 3, Unit 2, Building 2, a total of six two ladder. Although Fangling has more than 10 years, from the appearance point of view, light blue exterior is not obsolete. Gate in the cell wall, hanging "civilized buildings", "learning building homes," and several other plaque.<br> <br>ZHANG Zhong-hua said the retired judge, Winco apartment is by the end of 1998 the completion of delivery,Although arrested five days t, and has only 11 years, is still a new house. Because it is self-built housing units, good housing quality, high cost. "If now be removed, just as juvenile mortality experience, as it not a pity!" He said.<br> <br>According to the judge who understood Mirror Lake District government for the demolition without removal Winco apartment produced a hesitation, but because of a certain leaders believe the small cell area, and the new district on both sides without coordination, so determined to dismantle.<br> <br>A serving of court cadres said that if from the perspective of improving people's livelihood demolition, the owners will not be rejected, but the reality is clearly not,hogan outlet online, the land has been positioned as a living space.<br> <br>Prior to this, the apartment block where the Winco has been auctioned off to Salt Real Estate Development Co., Ltd. in Anhui.<br> <br>In negotiations with the demolition company, the owners have got three "impossible" answer: do not split impossible, to move back to impossible, it is impossible to raise the compensation standard.<br> <br>However, the current compensation standard demolition company provides less than 4,000 yuan, compared with last year fell by more than 1000 yuan. But with the hot real estate market, local prices are increasingly high prices, the average price of high-rise apartment next Winco was 5600 yuan. If you select a replacement property, get replacement housing at least have two or three years. Whatever the program, the judges are unacceptable.<br> <br>Thus the two sides deadlocked on the issue of compensation.<br> <br>Demolition too casual?<br> <br>To protect their legitimate rights and interests, the judges picked the legal weapon they are most familiar. They presented to the court Jinghu District Construction demolition permit in an attempt to prevent the demolition.<br> <br>As the main author of the complaint, ZHANG Zhong-hua, said: "This is not according to the law with regard to the cardinal problems."<br> <br>He believes that if the Government to the public interest, may be in accordance with statutory authority and procedures, starting expropriation decision,woolrich outlet online, and then send the demolition permit. But this land is not for the public interest, but sold to Anhui Salt Real Estate Development Company for real estate development.<br> <br>According to relevant laws, regulations, procedures imposed levy decisions should be made by the people's governments above the county level. After making collection decisions in the People's Government, it was involved in compensation issues. In the case of the People's Government has not made the decision imposed, undoubtedly illegal demolition of houses. Jinghu District Construction Committee issued a demolition despite the administrative license to Mirror Lake built the company, because of its own does not have the qualification of administrative licensing, not in compliance with legal procedures, its behavior was undoubtedly demolition permit is invalid.<br> <br>"The reason no demolition, demolition permission is not, the demolition of the program does not say what compensation low, etc., are not the key." ZHANG Zhong-hua said.<br> <br>In the last complaint, ZHANG Zhong-hua special provisions invoked "People's Republic of China Circular Economy Promotion Law" from January 1, 2009 in force.<br> <br>The second paragraph of Article 25 of the Act clearly states:. "Owners or users and city government buildings, should take measures to enhance building maintenance and management, to extend the service life of the building in line with the urban planning and construction standards, building within a reasonable life, except for outside the public interest, the city government decided to demolish not be. "The plaintiffs believe that if not for the public interest, the plaintiff's removal violated the provisions of the new law's house.<br> <br>Similarly, in August this year, the Higher People's Court of Nanjing 31 Nanjing City Housing Authority sued the judge evicted, citing the same law.<br> <br>Unfortunately,air max 90 pas cher, the case can not delay filing. "Circular Economy Promotion Law" can become urban demolition curb the tide of new weapon remaining questions. As the case plaintiff attorney Jin Hui told the media said,and sentenced her to 20 years, "the city government still pending the results of the cognitive and administrative justice of the game."<br> <br>Difficult complain filing<br> <br>Nanjing suffered as judges, rights of way Winco apartment owners do not judge flatter than the general population.<br> <br>Since most Winco apartment owners and Jinghu District Court has a close relationship, this special status so Jinghu District Court must be avoided. In accordance with the procedures required to be reported to the Jinghu District Court in Wuhu in the hospital, then the Central District Court accepted a designated hospital.<br> <br>September 12,moncler outlet online, a vice president Jinghu District Court complaint has been sent to Wuhu City Court. According to "People's Republic of China Administrative Procedure Law," the provisions of Wuhu in the hospital should be ruled inadmissible or filed within seven days, but so far no results.<br> <br>More than three months time, the owners of the complaint seemed to go down the drain.<br> <br>"No filing, no specified, do not reply, we just ask around." ZHANG Zhong-hua said that he asked to be the result, "to study." This made him very helpless:. "We own all complain of nowhere"<br> <br>In November 9,"To the hospital, the Supreme Court just issued notice "on the protection of the right to appeal administrative litigants opinions lawfully" and called for the effective resolution of administrative proceedings have not closed the case, there are complaints ignore the problem, further attention and strengthen administrative case acceptance law, protect the rights of parties to litigation, to effectively solve the administrative proceedings "complain difficult" issue.<br> <br>Ordinary people often encounter the "filing difficult" The judges fell head.<br> <br>Some of the judges were looking for organizations serving department to talk with the government's requirements for the demolition work,traffic police and community police.<br> <br>"The district court is sent to coordinate the matter, but also consider the interests of the judges." Preceding job Court cadres said. She is not in the list of plaintiffs, but the action litigation support.<br> <br>"Activist judge also difficult, harder than the average person." Families who requested anonymity, said the judge. She said he would not compromise, even as the judge's husband was organized through the departments to do the work, she would not agree.<br> <br>But for the judges of the prosecution, the afternoon of December 28, Jinghu District Construction Director Yang Jie, told reporters that the Construction Committee has been in accordance with the law, the judges said there is no administrative law issues.<br> <br>The judges hoping to safeguard their rights within the legal framework of intent can not be achieved so far.<br> <br>Judge encounter black humor<br> <br>Judges facing demolition orders Yang Zhonghui'd feel a little bad luck pleasure.<br> <br>Young is a local well-known "nail house." In his view, the tide in the demolition of the Mirror Lake area,abortions 9 times., Jinghu District Court plays a very disgraceful role.<br> <br>51-year-old Yang Zhonghui had the edge in the heart of the Kiang Wu opened a hotel and a plane ticket outlets. Early in September 2006, the hotel subsumed demolition plans. Since then, the demolition work to a halt, Yang Zhonghui hotels and ticket business as usual. Until November 2008, demolition work started again, but the two sides there has been a huge gap in terms of compensation.<br> <br>April 8, 2009, Jinghu District Court in conjunction with other law enforcement authorities about 300 people, the hotel Yang compulsory removal. A day earlier, brought administrative proceedings Jinghu District Court, but until now, the court has not yet filed.<br> <br>Since Jinghu District shouted "big building", "big development" slogan, what comes next is to start a lot of demolition work.<br> <br>Jinghu District Development and Reform Commission after a report showed the first half of the region's total relocation of about 4000, completed the demolition area of about 397,000 square meters. As of December 17,. "Perfect music, house demolition notice Mirror Lake area has been sent to the No. 29.<br> <br>According know, 2007, Mirror Lake district court demolitions 39, 2008 is 68 demolitions.<br> <br>Suddenly intensified demolition action, to create a large number of relocatees. Although reluctantly, Winco apartment judges have been coerced into the demolition of the flood among the Mirror Lake area.<br> <br>In ZHANG Zhong-hua view, this number has some black humor taste. When the government to carry out forced evictions of householders when the court should conduct a basic review, to see whether legal. "Before the judges judged lawful demolition,woolrich sito ufficiale, landing to his head, it becomes illegal behavior."<br> <br>Compared with other common being evicted, the judge evicted were almost impossible to solve their own problems through petitions, etc., it is not possible through an extreme way for their own rights. But in their most familiar with the legal framework, the same inaction.<br> <br>Conflict triggered by the demolition has become a nationwide problem. December 7, Peking University People's Congress five scholars suggestions, want to modify the "Urban Housing Demolition Management Regulations." On the 16th, the State Council Legislative Affairs Office held a forum of experts, immediately announced that it would abolish the existing after "Demolition Ordinance."<br> <br>Judges facing demolition closely watching the progress of events, and they hope the new regulations to protect their homes. But also worried that the final will be staged before the repeal of the old madness of "Demolition Ordinance."<br> <br>(Respondents should request the text Wang Zili, ZHANG Zhong-hua is a pseudonym.)<br><br>

    Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.