In collecting the dimension authority process that tears open change, applying for information to make public is the link that cannot avoid, after application information is made public, some relevant service can reply as scheduled, we do not want what some branches reply, even some branches reply far from. Government of people of mining area of summit of summit of Han Dan city is open to information recently " do not take common route " , specific happening what? Office of attorney of Beijing flower Qi collects the group that tear open change to take you with case view, offer reference only.
Shi Mou faces water to press down villager of village of Xi Quan head for mining area of summit of summit of Han Dan city, because of Shi Mou building seat is brought into to collect limits, collect concerned policy and pertinent information for solution, shi Mou carried kind of postal EMS express on May 23, 2018 to the 9 governments information that is concerned publicly with this project by applicant application, but when the EMS express in Shi Mou of mailing of government of people of mining area of summit of summit of city of Dan of Xiang Han of personnel of postal on May 25, 2018 express delivery, after people government was examining mining area of summit of summit of Han Dan city to receive an EMS information, give EMS express of Shi Mou rejection go back.
After the mail that gets EMS rejection return, tian Jun's lawyer is examined carefully, the mail of rejection has a problem, after be being checked carefully, discover mail has been ravelled, this kind of practice of government of people of mining area of summit of summit of Han Dan city was disobeyed " information of government of People's Republic of China makes public byelaw " regulation, the governmental information to Shi Mou applies for government of people of mining area of summit of summit of Han Dan city publicly have the responsibility that answer has inside legal time limit and makes public, the administrative action of government of people of mining area of summit of summit of Han Dan city breaks the law, the know the inside story that encroached Shi Mou counterpoises. Tian Jun's lawyer thinks, be necessary to carry politics of start on a journey to reconsider to this behavior, the administrative action that satisfied government of people of city of Xiang Han Dan to put forward to affirm government of people of mining area of summit of summit of Han Dan city rejects to accept information of Shi Mou government to make public application breaks the law, ask government of people of mining area of summit of summit of Han Dan city publishs the governmental information of an application to Shi Mou lawfully.
The information that government of people of mining area of summit of summit of Han Dan city reconsiders a reply to say governmental government affairs makes public the office to never had received Shi Mou to Shi Mou's administration makes public application. Even if is faint chicanery overpowering also hard fact, government of people of Han Dan city passes cognizance to find out: Government of people of mining area of summit of summit of Han Dan city got EMS express delivery of Shi Mou on May 25, 2018, those who receive an EMS information to make clear is examine after sign after receiving sth inside the go back of Shi Mou EMS express rejection after the name of an article. Government of people of Han Dan city thinks: " information of government of People's Republic of China makes public byelaw " the 24th regulation: "The executive authority receives governmental information to make public application, can reply on the spot, ought to give on the spot answer. The executive authority cannot reply on the spot, give inside 15 weekday since the day that ought to get application oneself answer; If need those who extend answer deadline, ought to make public working orgnaization controller to agree via governmental information, tell an applicant, the deadline that extends answer is the longest must not exceed 15 weekday. Apply for public governmental information to involve tripartite rights and interests, the executive authority asks for place of tripartite opinion to need time to be not calculated be in a deadline of a the 2nd section provision inside. " information of rejection of government of people of mining area of summit of summit of Han Dan city makes public application, did not use up information to make public obligation, formed nonfeasance, government of people of mining area of summit of summit of city of requirement Han Dan fulfills information to make public duty inside legal time limit.
Law environment is being improved ceaselessly, " information of government of People's Republic of China makes public byelaw " carry out and revise make when the executive authority is fulfilling obligation more vitrification, common people is on the life also more convenient, be in especially encounter an executive authority repudiate of promiscuous seeing and hearing is legal duty when, the optimal way that solves this kind of problem is fixed evidence, 2 it is to make the best of time dimension authority did not spend legal time, and want as soon as possible search first-rate to settle a way, consult professional lawyer, lest oneself rights and interests gets,damage.
