The city changes a process to be in China, chinese sex is really tired
[Express of details of a case] some is street do when carrying out some village traffic to administer a project integratedly, the owner Yi Mou of this village thinks street the existence in doing in executive processing project violates relevant code, regulation and corresponding requirement, its individual adds up to enroach on the behavior of right beneficial, satisfy a letter for many times to visit, the requirement is street do restore to take up the greenbelt of its residence edge reachs the afforest that reduces attack, cancel the parking space that sets beside fireplug of its residence edge. Hind Yi Mou with street do to complain nonfeasance to its for, to district government application administration is reconsidered. Administration is made reconsider decision book after district government is accepted, think basis " property regulation " relevant provision, build the road that owner belongs to to share inside division into districts, greenbelt, owner is shared in exercise and when joint management right, relevant item should be decided jointly by owner. Ask in the light of the applicant some is street the request that corrects case experience project to reach public interest to cause enroach on to its oneself, because this project is involved,district government thinks the village is broad the interest of owner, this item should be decided jointly by owner, yi Mou cannot represent right of exercise of village collectivity owner, with experience proposal project between nonexistent jural direct interests, its put forward administration to reconsider application to be not accorded with alone " the administrative law that reconsider carries out byelaw " the 28th of the 2nd regulation accept a condition, the administration that rejected applicant Yi Mou then reconsiders application. Yi Mou refuses to obey, appeal to then to the court.
Cool detachment sees a room
[Front courtyard careful is faxed] this case fastens Yi Mou to refuse to obey the administrative suit that district government institute makes administration reconsider a decision to mention, the careful of this case checks the elephant is the lawful sex that administration reconsiders a decision.
Counterpoise according to content law, " property regulation " and " top people court distinguishs about trying a building fee dispute case is particular applied law the explanation of a certain number of problems " medium relevant provision, yi Mou reconsiders the residential edge that weighs " greenbelt " , reduce attack " afforest " reach the setting other residential edge fireplug " parking space " , all attribute the mutual part of village owner, involve the collective increase of all owner, because this is the change of utility of counterproposal experience land or requirement no matter,restore to all answer to be decided jointly by owner to former utility. The matter that correspondence decides jointly by owner mentions with his name reconsider, without legal basis. Namely the share of collective rights and interests that Yi Mou cannot involve village collectivity owner with his nominal view, its do not enjoy administration to reconsider applicant qualification.
Application of Yi Mou that reconsider includes to cause its by experience proposal project the accusation that legitimate rights and interests is damaged, reduce greenbelt namely, decrease cut down afforest, parking space is installed to wait beside fireplug, make face of daylighting of the window austral its residence Chao Dong, face all is surrounded by concentrated car, the car glances, the pollution such as lamplight, noise, waste gas causes his to live surroundings aggravation, safe hidden trouble increases, will bring about health of its body and mind to suffer enroach on, derogation of house property value. Yi Mou involves his to afore-mentioned accusation that endanger status legitimate rights and interests, ought to belong to administration to reconsider what the law sets the 2nd times " legitimate rights and interests " , basis " the administrative law that reconsider carries out byelaw " the 28th the 2nd regulation, yi Mou possesses the main body qualification that application administration reconsiders.
District government thinks Yi Mou and its administration action are nonexistent jural direct interests, do not accord with " the administrative law that reconsider carries out byelaw " of the regulation accept a condition, the administration that rejects Yi Mou accordingly reconsiders application, belong to cognizance fact not clear, applicable law is wrong.
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