There is a kind of writ in the process that ask for the ground, often be ignored by everybody, refuse even. That is building of bequeath of a few histories and building of violate the rules and regulations often can receive administration to execute the law when collect the deadline of the bureau demolishs advice note to perhaps be called deadline to change notice sternly to know a book. This means your building to will be enforced to tear open change, at the same time the likelihood does not have compensation to perhaps can be compensated by depress. Person be expropriationed can receive those who ask for debit to allot a variety of files, commonly land collects announcement, collect compensation decision, find a place for compensation program and a few arouse a letter that everybody cooperates to collect the job.
Ran the farm of more than 10 years that do not have card, received deadline to demolish advice note now
A few days ago, mr Zhang received a such notice. He is in 2002 initiate a farm, but without relevant formalities. Recumbent this farm, he ran quickly to become rich road, so old and relevant section also was not maintained violate build. But place tears open change recently, his farm was delimited present the range that tear open change, the farm that local villages and towns maintains him however is violated build. The course talks things over for many times, both sides still is put in bigger difference in respect of the compensation that tear open change. Then, home village or town allotted a deadline to demolish advice note to him.
Mr Zhang seeks advice from love earth to tear open change lawyer group: "Advice note asks he is demolished inside my week, can come otherwise forced releasing. Are they done so lawful? I want to ask lawyer dimension authority, can you come over now? Can you come over now??
To informing book and advice note a kind file, whether can you sue?
Through the article in front, we know, collect announcement in the light of land, collect compensation decision, find a place for the file such as compensation program, some is OK the administrative some that reconsider is OK administrative lawsuit, also some can apply for adjudication, have corresponding relief way.
So in the light of inform book and advice note a kind file, whether to have corresponding way?
In present judicatory environment, court of a lot of places informs a book in processing or advice note whether put on record when, with not be specific administration action, belong to the level sexual behavior that notifies a procedure and reject put on record to accept. Below this kind of circumstance, a lot of people be expropriationed cannot pass proper judicatory way dimension to counterpoise, thereby aggravate social instability.
Whether is the court accepted, should see advice note whether cause substantial effect to your right obligation
Look above all through administrative procedural law, people court accepts the limits of administrative contentious case.
Administrative procedural law sets the 2nd times: Citizen, legal person is other perhaps the organization thinks the administrative action of executive authority and executive authority staff member encroachs his legitimate rights and interests, according to having right this law to people court to lodge a complaint.
Dozenth a regulation: People court accepts citizen, legal person the following lawsuit that other perhaps organization raises: ... (12) think the executive authority encroachs the legitimate rights and interests such as authority of someone else body, property right.
So, can see from afore-mentioned regulations, if person be expropriationed thinks to collect what branch of square corresponding perhaps function allots to instruct deadline to correct advice note or deadline is demolished inform the file enroach on such as the book of oneself legitimate rights and interests, can to people court to lodge a complaint. Whether does people court hear a case, advocate if look,inform book and advice note to whether be opposite administration caused materiality to affect relative to right obligation of the person.
So see administration sanction a method again the 23rd regulation: "When the executive authority carries out administration to punish, ought to instruct party is corrected or deadline corrects illegal action. " see from this, instruct stopping to violate act is the administrative action in program of executive administration punishment. This behavior is already right administration caused materiality effect relative to right obligation of the person.
Be aimed at specific administration action of the government, administration is opposite the person is OK to people court to lodge a complaint, the court also should be accepted lawfully.
Once receive deadline to correct (demolish) advice note, you ought to consult professional lawyer in time
In love earth group of the lawyer that tear open change accepts many seek advice froming in the center, a kind of such phenomena exist. Corresponding building was not obtained to the project is permitted or plan to permit before 2008, built building and build thing, do not have a thing all the time, once involve land to collect, deadline corrected advice note to come.
This moment, because building of bequeath of a lot of histories also is brought into without card cavalcade of architectural of violate the rules and regulations, bring about compensation on the low side thereby.
This is a kind of form that tears open change with demolishing building of violate the rules and regulations to replace, if each person be expropriationed gets government of villages and towns in collecting a process or when the within a definite time that administration bureau allots corrects advice note to perhaps instruct deadline to demolish advice note, must seek advice in time to ask for the ground professionally to tear open change lawyer, whether does the house that knows oneself belong to building of violate the rules and regulations.
To unreasonable advice note, inform a book, the legitimate rights and interests that should carry lawsuit of politics of start on a journey in time to ensure oneself, win fair and reasonable compensation thereby.
