Introduction: Current society is society of a legal system, the consciousness of legal dimension authority of common people also is rising ceaselessly, to a few unreasonable things, common people also knows use statute to safeguard. And the building that common people wants to know the unit that tear open change is carried out tears open change behavior lawful, need to apply for information to looked publicly to know entirely only. So, in the process that ask for the ground. . .
Current society is society of a legal system, the consciousness of legal dimension authority of common people also is rising ceaselessly, to a few unreasonable things, common people also knows use statute to safeguard. And the building that common people wants to know the unit that tear open change is carried out tears open change behavior lawful, need to apply for information to looked publicly to know entirely only. So, in the process that ask for the ground, what must the government want the document that publishs actively to have? Below company of office of triumphant Nuo attorney tears open Beijing change lawyer introduces for everybody
Sign the crucial document that must publish in ground process
2, ask for the ground to inform a book, and the relevant proof material that performs the procedure before the newspaper that ask for the ground is approved, specific include:
3, the document that approval of the State Council of local government transmit uses the land: Standard of the area that use the land, compensation, find a place for the approval circumstance such as the way, with what declare circumstance photograph to change than happening, in transmit file, answer to state the case after change clearly.
4, when government of city, county is approved with ground newspaper, of protocol " case of one book all directions " : Construction reports with ground project manual, agricultural the ground turns to plough with plan, complement local case, impose land plan, the plan that offer the ground.
Urban construction is with the ground " case of one book tripartite " : Construction reports with ground project manual, agricultural the ground turns to plough with plan, complement local case, impose land plan.
5, the State Council or provincial government, approve the document of give an official that uses the land lawfully. Among them, the city that the State Council approves uses the land, still should make public provincial government, examine and verify to agree agricultural the ground turns with the file that imposes executive plan with land.
If the executive authority is done not have,relevant answer has inside legal time limit, person be expropriationed is OK to ranking executive authority, censorial mechanism or governmental information makes public the job to be in charge of a branch to inform against, if its think oneself legitimate rights and interests, because the executive authority makes public the job in governmental information,medium specific administration action gets enroach on, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully.
The deadline that governmental information makes public
Basis " information of government of People's Republic of China makes public byelaw " the 18th regulation, attribute the governmental information of active open limits, ought to be formed from this government information or give inside 20 weekday since modificatory day open;
This byelaw sets the 24th times, the executive authority receives governmental information to make public application, cannot reply on the spot, give inside 15 weekday since the day that ought to get application oneself answer. Lengthen answer to ought to make public working orgnaization controller to agree via governmental information, tell an applicant, the longest must not exceed 15 weekday.
Administrative procedural law sets the 46th times, 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. Administrative lawsuit has those who sue deadline to delay only, interrupt without what sue deadline. Prosecuting the administrative case of the to lodge a complaint inside deadline only, people court just has authority to undertake judicatory examine to its. Prosecute the administrative case that deadline prosecutes more than, people court can rule only do not grant to accept. If was not found out when put on record is accepted, but what already sued deadline more than is find out in trying a process, people court should rule reject sue.
Governmental information has He Yiyi publicly
1, citizen know the inside story counterpoises, this is the basic right of common people, governmental obligation. And the one party that single citizen regards weak force as, cannot active control governmental information, accordingly, crucial effect has in the process that governmental information is realizing citizen know the inside story publicly to counterpoise.
2, answer crisis incident effectively, redeem governmental figure. The government dares to publish crisis information, media of active have the aid of, seasonable, bona fide publishs a fact, invite medium true public opinion makes guide on the base that spreading a fact, be helpful for crisis incident not only solve, and be helpful for maintaining governmental image, the public letter force of effective promotion government.
3, dispel a rumor, stabilize social order. The rumor stops at making public. The government is in when facing a few a few hearsay that are like disaster or public safety, should tell the public cause and effect, transparent government should do this from the point of view that protects each people, also be the best means that dispels rumor effectively.
4, stimulative democracy, realize supervisory right of the citizen. People is national host, working personnel of national authority office is social public servant, the people uses the information resource of governmental control effectively only, ability undertakes supervise and offerring an opinion to active system and governmental action, participate in administration, promote the improvement of governmental democracy system and behavior thereby, perfect inadequacy.
5, restrict influence abuse and corruption. Governmental information is helpful for publicly doing away with what influence moves to concealment quality, to harness power abuse and corruption provide precautionary mechanism. "Sunshine " it is best disinfectant, governmental information will make whole administration system publicly transparent and public, of governmental policy decision-making and hold expose completely soon in the public eye, and make influence moves from concealment become transparent, cut off the chain that power money trades undoubtedly, include its to trade the interest of backside conspires channel.
Triumphant Nuo tears open change lawyer, in asking for the ground to tear open change, undertaking publicity to governmental information is very important, in the meantime, common people wants better him enjoyment the right, the code that applies time limit publicly to governmental information also should have certain knowledge. Only what governmental consciousness accepts common people is supervise, common people increases legal knowledge actively also, governmental ability is become truly " serve for people " good government.