For one paper announcement, for the access that 2000 mus of beaches besmear and compensation problem, of Fujian hind Qi village and blessing clear municipal government hit 23 years of lawsuit, hit the supreme court from intermediate court.
On April 15, insurgent news from hind Qi village village appoint can understand, the ruling book according to top people court asks, this village submitted application to blessing clear municipal government again -- the request calls in to enforcing beach besmear access undertakes compensating.
Village appoint of this one lawsuit of meeting and municipal government contend for, had lasted 23 years.
In January 1995, the one paper of blessing clear municipal government informs Fujian Province the Fuzhou City, called in compulsively more than 2000 mus beach besmear uses village of the Qi after its issue administer fishing brook to press down card, besmear the beach use subcontract is managed to individual business subsequently.
Recumbent beach besmear breeds for generations, maritime catch make a living hind Qi village villager, refuse to obey this administration decision, with the village appoint the name of the meeting begins to forensic to lodge a complaint, the requirement recalls decision of blessing clear municipal government.
Village appoint ever can win the lawsuit in first instance. Fuzhou quadrangle entered a judgement in January 1998, the administration of cancel blessing clear municipal government decides, ask its make administration decide afresh and to compensation the problem makes processing. But the 2 careful after 4 months, fujian Province tall courtyard with " this case already sued deadline more than " for, village of village of the Qi after was being rejected appoint of the meeting appeal to beg.
In appeal phase, fujian tall courtyard ever allotted advice note to say, beach besmear compensates a problem " report of government of people of Xiang Fuqing city is solved " . After this, hind Qi village village appoint can adjust appeal to beg, demand municipal government besmears to the beach the loss has proper compensation, but tall courtyard of Fuzhou quadrangle, Fujian all breaks the law with the program reject its to request. Qi village is satisfied after to to lodge a complaint of top people court.
In December 2018, top people court with " sue deadline more than " for, village of village of the Qi after was being rejected appoint the application of the meeting, but put forward clearly in ruling book: "About experience case beach besmear compensates a problem, hind Qi village village appoint the meeting is OK municipal government report solves Xiang Fuqing. " then, qi village submitted compensation application again after.
To the beach besmear compensates a problem, blessing clear municipal Party committee publicizes controller of ministry news center to express to insurgent news, the villager can continue to carry the channel such as village, town lawfully layer upon layer report.
In January 1995, the one paper of clear municipal government of blessing of the Fuzhou City informs, called in compulsively more than 2000 mus beach besmear uses village of the Qi after its issue administer fishing brook to press down card.
Besmear of 1000 mus of beaches is enforced to call in by municipal government, contract individual business
This year yellow announce gold of 82 years old, once was secretary of League branch of village of the Qi after fishing brook is pressed down, still be clear about village of the Qi after remembering now " rely on the sea to have the of great capacity " the history. Yellow announce gold introduces, qi village ever was the fishing village with famed far and near after, most villager is recumbent beach besmear breed aquatics, maritime catch make a living.
Yellow announce gold is recollected, go up century 669 time, because property right is unidentified, hind Qi village and adjoining village Ceng Yin are beach besmear to produce controversy for many times. To settle each dispute, blessing clear county (hind city of instead county class) the government begins Tu Jin of pair of each village beach to differentiate to counterpoise truly all right. On April 29, 1984, village of village of the Qi after government of blessing clear county gives appoint meeting nucleus is sent " word of water of be in harmony the 071st " " beach besmear uses card " .
Insurgent news notices, " beach besmear uses card " carry bright, "Jiang Yin comes east on the west harbor main channel, the side outside army farm and this team sea wall reachs on the west, north comes bevel edge harbor (do not include harbor) , waterline of bottom of edge of harbor of harbor of look forward to of Na Zhina earth " beach besmear, the area makes an appointment with 2000 mus, committee of villager of village of the Qi after giving certainly is used for a long time.
Yellow announce gold introduces, for standard management, divide into 16 production teams in the village in those days, he is header of the 10th production team, guiding more than 20 fishermans to undertake manufacturing operation. In the village appoint below the centralized management of the meeting, each production teams cooperate with division of labour, hind the product sells the sea of Qi village smoothly to draw near toward each prefectural town.
On January 5, 1995, blessing clear municipal government allots " the announcement that about calling in besmear of the beach inside bridge mountain reclamation area uses card " (next weighing " announcement " ) , this one paper informs those who broke little fishing village is halcyon.
" announcement " say, pass project of bridge hill enclose tideland for cultivation at present already shut complete, enter phase of the construction inside the beach. Mix according to ranking concerned regulation politics of be in harmony [1983] spirit of the 530th file, municipal government decides to had called in right of administration of besmear of the beach inside bridge reclamation area, undertake unity developing using, the agreement that the beach that prefectural government nucleus sent 1984 besmears use card and both sides are signed becomes invalid at the same time. The announcement still says, "The beach besmears the country after calling in unites arrangement development to use.
Between one night, qi village villager lost the access that the beach besmears after. Yellow announce gold remembers, " announcement " those who allot the following day, the product of of all kinds sea such as the Li of on 1000 mus of seas that the villager breeds on beach besmear, holothurian, shrimp, crab, do not have there's still time to call in, begin to stop villager go into business with respect to somebody, do not allow the villager to stand by beach besmear again.
After period of time, villager discovery, beach besmear was not used at national project, be contracted to be managed to individual company however, again by contract company subcontract breeds a SOHO to the other place.
Insurgent news breeds a SOHO many times to understand through place, beach Tu Cheng wraps a company to be river of be in harmony of blessing quiet town aquiculture limited company. Industrial and commercial data shows, this company establishs time and municipal government " announcement " allot time close, for on January 25, 1995, the legal representative is king threaten wealth.
" Fujian quality manages " the magazine ever was opposite in June 2006 king frighten money poineering experience to have a story. Say in the report, "1995, he with clinging to aquiculture course of study mix conscientiously outstanding eyesight, guided villager bag to issue hill of bridge of Ke Yu, ground fishing ground of two large reclamation area. " reportorial introduction, king the company that threaten wealth has produced per year a quantity to even more 10 thousand tons, become large family of export of product of blessing clear water. King frighten money to introduce to the reporter at that time, "This year is a good crop, production value of predicting aquatic product can be amounted to 6000 much, add than last year 3 into. Add than last year 3 into..
However, hind Qi fishing village " rely on the sea to have the of great capacity " the history produces a change accordingly however, major villager people the beach besmear that was forced to leave Lai Yisheng to put, leave native land to go out work.
Top way puts forward clearly in ruling book, "About experience case beach besmear compensates a problem, hind Qi village village appoint the meeting is OK municipal government report solves Xiang Fuqing.
Village appoint can sue municipal government, first instance wins the lawsuit
A few villages such as yellow announce gold appoint controller of meeting, production team, do not have for many times to report of blessing clear municipal government in those days if really. On July 31, 1996, after them Qi village village appoint municipal government of meeting name Jiang Fuqing tells a court, clear municipal government of request cancel blessing calls in the administrative action that uses card about beach besmear.
Blessing clear municipal government rejoins in lawsuit intermediary carry on, blessing quiet town passes project of bridge hill enclose tideland for cultivation is the construction project that government of Fujian Province people approves, area of this project enclose tideland for cultivation 20 thousand mus, besmear of beach of village of the Qi after including to sent fishing brook the guard 1984 among them uses the beach besmear that affirms on card. Crossed project of bridge hill enclose tideland for cultivation to begin to begin construction 1989, the construction inside the beach was entered after complete of enclose tideland for cultivation 1995,
January 1998, fuzhou quadrangle makes first instance adjudicate to this case. Fuzhou quadrangle thinks, home of beach besmear dependency is all, project of enclose tideland for cultivation of hill crossing the bridge is project of construction of focal point of government of Fujian Province people, blessing clear municipal government has authority to call in beach besmear card. But in its to accuser the management aquatic product inside limits of beach besmear access should undertake compensating lawfully.
Fuzhou quadrangle enters a judgement then: Cancel blessing clear municipal government makes village of village of the Qi after calling in appoint the specific action of use card of meeting beach besmear, specific action is made afresh inside a month since the day in adjudicative become effective, make processing to compensating a problem.
Municipal government calls in whether does beach besmear need to compensate, whether does compensation have legal basis? Hind Qi village village appoint Pan Xiangcan of meeting representative lawyer expresses to insurgent news, the basis began to execute in July 1986 " piscatorial law " thirteenth the 2nd regulation, "National construction is used give unit of system of ownership of the whole people unit of collective perhaps system of ownership certainly use at bred the whole people besmear of all surface, beach, by construction unit accord is compensated appropriately. By construction unit accord is compensated appropriately..
In addition, basis " method of enclose tideland for cultivation of besmear of beach of Fujian Province edge " the 26th regulation, "Because enclose tideland for cultivation needs what commandeer beach besmears, investor ought to besmear of accord former beach breeds use person reasonable compensation. Reclamation area land is executed contract those who manage, former beach besmear breeds use person to enjoy lien below coequal condition. Former beach besmear breeds use person to enjoy lien below coequal condition..
After Fuzhou quadrangle court decision comes down, the person such as yellow announce gold loosened at a heat: "The access that although whether can inaccuracy call in surely,the beach besmears, but can assure to have at least compensate and preferential contract counterpoise, also calculate pair of villagers people have explain. Also calculate pair of villagers people have explain..
However, its development, not be yellow announce gold their imagination is successful in that way.
2 careful think village appoint sue overtime effect, town government ever asked municipal government to coordinate
Blessing clear municipal government refuses to obey the first instance court decision of Fuzhou quadrangle, put forward to appeal.
In petition for appeal, blessing clear municipal government thinks, according to " administrative procedural law " the 46th regulation: Citizen, legal person is other perhaps the organization is direct to people court to lodge a complaint, ought to be in since the day that knows to make specific administration action inside 6 months put forward. Municipal government was made in January 1995 " announcement " , after one year many is being lain between when, hind Qi village village appoint meeting just to lodge a complaint, had exceeded effectiveness for a given period of time.
Yellow announce gold says, actually the villager was not received " announcement " , also do not know the specific content of the announcement. At that time is besmear of beach be announcemented has called in only, the villager is mirrorred to municipal government ceaselessly during this, just put forward to sue to the court later.
On May 21, 1998, fujian tall courtyard is made to this case adjudge. In 2 careful judgment, fujian tall courtyard thinks, blessing clear municipal government make " announcement " after the decision, pressed down a government by fishing brook in March 1995 to each villages appoint can make oral communicate, hind Qi village village appoint know blessing clear municipal government calls in at that time beach besmear access, but to July 31, 1996 just to lodge a complaint, exceeded sue effectiveness for a given period of time. Village of village of the Qi after reason is rejected appoint the prosecution of the meeting.
Subsequently, hind Qi village villager is ceaseless to Fujian tall courtyard to lodge a complaint. On May 25, 2011, fujian Province tall courtyard allots (the 11st advice note weighs word of inspect of 2010) Fujian travel, "In view of judgment of this case first trial already become effective, the maritime space that appeals to you compensates gold to wait for a request, ask you report of government of people of Xiang Fuqing city is solved. Ask you report of government of people of Xiang Fuqing city is solved..
Yellow announce gold introduces, after this villager is visited through the letter frequently wait for means, put forward to amend a request to municipal government, all did not obtain solve.
The villager people appeal to those who beg Ceng Yin to send fishing brook to press down a leader to take seriously. Dossier material shows, on March 5, 2012, party committee of town of brook of fishing of blessing quiet town, government combined Xiang Fuqing municipal Party committee and municipal government to refer " about hind besmear of Qi village beach tells the report that requests a problem to may cause group sex incident " (next weighing " report " ) .
" report " say, "Qi village has been located in edge of bridge mountain reclamation area after, population 2200 much people, for generations breeds with beach besmear and maritime catch make a living. On January 4, 1995, municipal government allots " announcement " , this beach besmear calls in, contract to be managed to other, villager report is strong... " " expand to avoid trends, maintain social stability, request municipal Party committee, municipal government gives attention intervenes harmonious. Request municipal Party committee, municipal government gives attention intervenes harmonious..
However, this report of government of fishing brook town is referred after going up, the villager people compensation appeals to beg still did not get settlement.
Top magic art does not support rehear, think compensation problem can be solved to municipal government report
Cancel of request municipal government " announcement " appeal to after requesting out of court, hind Qi village village appoint can change a lawsuit to request -- " the request gives administration is compensated " .
On September 24, 2013, village appoint can beg according to afore-mentioned appealing to, again to Fuzhou quadrangle to lodge a complaint, obtain accept.
Fuzhou quadrangle first instance thinks, hind Qi village village appoint can sue to the court directly without administrative ruling order, violate calm order, should give reject. Hind Qi village village appoint can refuse to obey, put forward to appeal. Fujian tall courtyard appeals with was being rejected for litigant effectiveness for a given period of time more than.
"Hit 20 old lawsuit, we want to denounce a view namely. " yellow announce gold says, the old person that counterpoises with his dimension in those days dies in succession, he was become now return exclusively living person, taking a few younger villager to continue appeal.
After Fujian Province tall courtyard rejects appeal, the villager people place the hope at to appeal of top people court.
On December 24, 2018, top people court makes a ruling to this case, village of village of the Qi after thinking appoint the lawsuit that can mention exceeds legal sue deadline, to its rehear applies for, do not grant to support. About problem of compensatory of besmear of experience case beach, hind Qi village village appoint the meeting is OK continue according to Fujian Province tall courtyard (the channel that the 11st advice note informs word of inspect of 2010) Fujian travel, "To blessing Qing Dynasty report of city people government is solved " .
"Although effectiveness for a given period of time exceeds on judicatory program, but the issue closes the people's livelihood, the compensation obligation of blessing clear municipal government was not fulfilled all the time, the villager has the right to continue municipal government of report, demand fulfils legal obligation. " hind Qi village village appoint Pan Xiangcan of meeting representative lawyer thinks, from the ruling of top magic art the book can see, hind Qi village village appoint although the prosecution of the meeting is maintained " more than legal sue deadline " , it is temporary only cannot solve a beach to besmear compensation appeals to through judicatory way beg, but obtain a beach to besmear compensatory right was not lost, the executive authority gives compensatory administration obligation also was not eliminated lawfully, municipal government is answered call in the behavior of beach besmear card undertakes compensating.
Besides lawsuit, the belongings that besmears to 1000 mus of beaches deals with, the villager people there also is doubt in the heart.
For instance, is subcontract managed to the individual whether to accord with a regulation? How much are governmental subcontract and the rent that cent of the person that contract includes a SOHO respectively?
Around these doubt of the villager, in April 2019, hind Qi village village appoint municipal government of meeting Xiang Fuqing put forward information to make public application. In the meantime, according to the ruling book requirement of top magic art, this village submitted application report of beach besmear compensatory to blessing clear municipal government again.
Blessing quiet town: Do not make a response to case judge, compensate a problem but to bourg layer upon layer report
Contend for about appealing to 23 when this case causes years, on April 21, 2019, controller of center of news of department of propaganda of blessing clear municipal Party committee sends couplet of Lai Fuqing city to discharge adjustment center to insurgent news " concerned circumstance feedbacks " (next weighing " feedback " ) .
" feedback " say, before enclose tideland for cultivation of reclamation area of mountain crossing the bridge, around village (village of the Qi after the brook that contain fishing is pressed down) beach besmear is Mao Tan besmear actually, economic benefits and social benefit all inferior, it is at the same time when spring tide seawater is easy flow backward cause certain pecuniary loss. "Suffer seawater to invade to protect safety of people life property and land of the village around to avoid, develop state-owned beach adequately to besmear economic benefits and social benefit, realize state-owned asset to guarantee end of value rise in value, had started project of enclose tideland for cultivation of bridge mountain reclamation area in April 1991, in October 1994 finishing. After sea wall of reclamation area of mountain crossing the bridge builds, assuming prevent or control flood, drain flooded fields, block the function such as tide, protecting land of 62 thousand mus of reclamation area, 20 many villages and 90 thousand much population, the old sea wall that protects north and south to move toward 31.8 kilometers is avoided suffer storm tide to invade. The old sea wall that protects north and south to move toward 31.8 kilometers is avoided suffer storm tide to invade..
Hind Qi village village appoint Pan Xiangcan of meeting representative lawyer to this Tu Dingyi of beach of village of the Qi after central general is " Mao Tan besmears " express to indissoluble. He thinks, "Mao Tan besmears " not be a noun actually, the search such as Baidu checks less than having to cross this kind to state on engine. Apply mechanically Baidu 100 divisions " wool ground " definition " the land that does not have infrastructure requirement " , "Mao Tan besmears " the likelihood is by the explanation " the beach that does not have requirement of piscatorial breed aquatics besmears " , but the villager already was on this beach besmear for generations breed aquatics is old.
" feedback " say, january 1995, municipal government has called in lawfully right of administration of besmear of the beach inside bridge mountain reclamation area, undertake unity developing using. 2004, be in harmony of government of people of Jing Fuqing city politics earth 〔 71 article examine and approve 2004 〕 , by blessing Qing Dynasty limited company of development of economy of agriculture of city fishing river is managed use, benefit of reclamation area society and economic benefits all good.
Insurgent news inquires industrial and commercial information understands, economy of agriculture of river of fishing of blessing quiet town grows limited company to held water on May 17, 1999, the legal representative is Wang Xiaowen.
Insurgent news inquires from net of Chinese judge copy clerk (2016) Fujian 0181 civilian 4996 court decisions show first, jiang Shui produces the be in harmony of blessing quiet town that economy of agriculture of river of fishing of blessing quiet town mentions in development limited company and preamble breeding limited company is affiliated enterprise, jiang Shui of be in harmony of blessing quiet town produces the legal representative king that breeds limited company to threaten wealth, the effective control person of limited company of development of economy of agriculture of river of fishing of Ji Fuqing city.
To the circumstance of book of ruling of top magic art, blessing clear municipal Party committee publicizes controller of ministry news center to express, via doing understanding to municipal government legal system, should do chief to think the court adjudicates the result is already clear, incorrect this makes a response.
Center of adjustment of platoon of couplet of blessing quiet town is in " feedback " say, " method of enclose tideland for cultivation of besmear of beach of Fujian Province edge " carry out at was being promulgated on January 28, 1996, it is to had been in after enclose tideland for cultivation of bridge mountain reclamation area is finished and call in the issues one year concerned regulation after right of administration of besmear of the beach inside reclamation area,
"If compensation does not have a basis, why is court of Fujian tall courtyard, top people in book of advice note, ruling put forward to be solved to municipal government? " Pan Xiangcan expresses, began to execute in July 1986 " piscatorial law " specific provision, national construction calls in the beach besmears by construction the unit offers proper compensation. Later " method of enclose tideland for cultivation of besmear of beach of Fujian Province edge " it is to undertake making clear more, so compensation has legal basis.
To the beach besmear compensates a problem, blessing clear municipal Party committee publicizes controller of ministry news center to express, the villager can continue to wait for channel to village, town lawfully layer upon layer report.
