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In accordance with legal procedures

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Started 10 years ago by bg5nS0aA1S

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This letter is the fuse of the lawsuit, the new couple and their agents Shiu Wing (right), Deputy Director Li Ruhai provincial committee (left) yesterday sat, drawing on original dock Li Rongrong sound Our Wuxi City Land Resources Bureau to the applicant, the Jiangsu Provincial Department to apply for administrative reconsideration, 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. - 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, Shiu Wing Wuxi farmer couple with new deputy director of Jiangsu Provincial Department sat, original dock. The cause of the lawsuit, is the new couple filed an administrative reconsideration Shiu Wing called for the repeal of land acquisition announcement rejected, thus considered as the Land and Resources Department is not. "People suing government officials," the lawsuit by the deputy director of the respondent to come forward, which is rare in Jiangsu Province, it 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, the two sides dispute the focus for divergence, the court will choose a sentencing date after the collegiate. □ Express reporter Tian Xueting text / photo Focus lawsuit That the other side does not act, the farmers against officials In 2009, Shenyang, Wuxi Huishan Town building ready in volcanic geology museum, after preliminary investigation and approval, the program is eligible for the relevant departments through. October 2009, Wuxi Huishan Bureau of Land and Resources Bureau made a "land acquisition this book", to be levied inform Yang Yang Town, Nanshan Village,hogan outlet, the new collective land and other village. In May 2010, Wuxi Huishan Yang Town organize relevant personnel, will demolish hundreds of acres of peach garden, a geological museum of the 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, 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 new couple, said Yang Town is the origin of Yangshan peaches, is also China's famous peach production base. Meike peach growth period of 5 years, with each of them 300 Peachtree result, the average calculated per catty, each 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 was more than 10,000 yuan per mu standard, this standard is unfair." Then, Shiu Wing filed 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, 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" specific administrative act as illegal,http://tucchy.sakura.ne.jp/c/epad2/epad.cgi?mode=view&no=2922&res=1&page=20, and asked the court to order them to accept the plaintiff's application for administrative reconsideration. Provincial committee deputy director appear in court 3 o'clock yesterday afternoon,moncler outlet,http://store.shopping.yahoo.co.jp/gion/202blackmax.html, 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, the two men have been seated. Sitting on the dock of the two, one is the Deputy Minister of Land and Resources Li Ruhai, an agent of the Office of litigation, Beijing Dacheng Law Firm lawyer Li Chen of the Nanjing branch. 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 new couple feel some comfort, but they said, "do not do practical things It is the most critical. " In this capacity sitting in the dock, for 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, if it means that we work out of the question." In nearly two hours of the trial, Li Ruhai basically not spoken to the survey from the previous trial court debate, are lawyers endorsement. But he did not idle,http://www.urbansocialentrepreneurs.org/web/index.php?option=com_community&view=profile&userid=305764, took notes, and still whisper with lawyers. In the final statement the trial stage, Li Ruhai personally made a statement: "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." Watch the scene Two disputes into court Focus Therefore, the case concerns a higher degree, 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 land covered by the land acquisition compensation scheme, 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,http://www.postyourasian.com, Huishan branch is affiliated branch in Wuxi City Land Resources Bureau,http://bbs.91xuxu.com/home.php?mod=space&uid=27266, 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 reconsideration, in full compliance with the law. Land and Resources Department should notice specific acts related to administrative review,scrape hogan, but it did not fulfill their duties, are "omission." For the Land and Resources Department to make this letter, Shiu Wing new couple considered illegal. In this regard, 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, upon 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 a "this letter." The actions are consistent with the provisions of Article 17 of the Administrative Reconsideration Law, it is made according to the law. "Notice" is to review,Tiffany Gioielli? Shiu Wing new couple believes that relate to land expropriation, Jiangsu Provincial People's Government No. 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 holders, 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 stipulates that the compensation and resettlement program announcement and listen to the views of activities, compensation and resettlement program announcement must be reported to city and county Rear obtained government approval organization and implementation, therefore, the announcement of specific rights and obligations relative who does not have an impact, does not belong to the administrative reconsideration case range. Neighboring villages come to Nanjing for the Plaintiff "We support the new couple's behavior Shiu Wing, Land and Resources Department should give us a statement." After the trial, participate as observers of some villagers emotional. After 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 Shiu Wing solidarity with the new couple. 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 money, 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,hogan outlet, 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 already been dismantled, and their so-called build Geological Museum, has become the resorts." Shiu Wing new that the local government in the name of the construction of volcanic geology museum, built the resort. In its presented to reporters a photo, "Yangshan Spa Resort," the characters particularly conspicuous. In the back of this big brand, it is a refined villa. View Villagers told it wrong? Jiangsu's Code Lawyer Chou Haijun said that villagers may sue the wrong object. Chou Haijun said, according to relevant laws and regulations,http://www.clarityenglish.com/englishonline/index.php?item/create_form/1, 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 land expropriation relates to convey on behalf of the village to the villagers. If villagers think the compensation standard is too low, can contribute to the local government departments to reflect the consultations, the consultation fails to approve the land of government departments to apply for administrative adjudication. The legal profession who participated in the trial as 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 directly report. Whether officials appear in court It is the rule of law benchmark Executive in charge of people in the "people suing government officials" appear in court proceedings, Jiangsu forefront of the country. The past three years, the province's total 4871 administrative court litigation administrative authority responsible for the respondent court. Last year, the executive head of Nantong, Yangzhou,http://bizboard.nikkeibp.co.jp, 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) exceeds 80%, the MSC County for five consecutive years to maintain 100 percent. 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,http://onigdesign.com/error.html, is not the courage to the people responsible for a collective response to administrative actions is reflected in the executive head of respondent court. , the rule of law is important in legal balance, the people and government have equal legal status, 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 that he no confidence, no sense of respect for the rights of the people, 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 defendant in court with a lawyer respondent , 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. Microblogging Recommended | today's hot microblogging (edit: SN047) 

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