■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
[juridical argument]
Basis " place of People's Republic of China is various various people government organizes people's congress and place law " the 68th regulation, the people government of the city area under administration, town that does not establish a division, via approval of government of people of on one class, can create a certain number of street agency, expedite mechanism as it. According to afore-mentioned regulations, street agency fastens the administrative principal part that enjoy administrative powers and authorities of office lawfully and can assume legal responsibility external independently.
[juridical copy clerk]
People's Republic of China is highest people court
Administrative ruling book
(2018) top magic art goes explain 733
Rehear applicant (first instance accuser, 2 careful appellee) : Zhou Bizhong, male, was born on April 6, 1974, the Han nationality, stay in Chongqing city change north area.
Entrust litigant agent: Zhou Bijun (the elder sister that fastens Zhou Bizhong) , female, was born on January 10, 1967, the Han nationality, live in Chongqing city change area.
Rehear by the applicant (appellant of first instance the accused, 2 careful) : Government of people of division of north of Chongqing city change. Abode ground:
Legal representative: Tang Chuan, this trifling is long.
Because rehear applicant Zhou Bizhong tells government of people of division of north of Chongqing city change (government of district of north of change of the following abbreviation) the requirement affirms behavior of administrative forced releasing violates one case, refuse to obey court of Chongqing city senior people (2017) change goes eventually one of 307 administration court decisions, offer review application to this academy. This academy comprised collegiate bench to investigate this case lawfully, already examined now terminative.
First instance of court of the first intermediate people finds out Chongqing city, zhou Bizhong is in Chongqing city × of × × × is street new group of the 12nd villager has China village building. On June 30, 2015, government of change north district asks for government of district of north of ground office, change two street agency are opposite jointly Zhou Bizhong door make " ask for the ground to tear open change to inform " , carry bright: "〔 of ground of government office of change of government of people of classics Chongqing city 2012 〕 date and 〔 of 1695 ground of change government office 1760 sign language approve 2013 〕 , collect land of your group collective lawfully, ask you door reach the form on the ground at the building inside the limits that ask for the ground is being demolished by oneself before July 3, 2015 (add) move content, exceed the time limit did not demolish the loss proper motion that causes to be in charge of. " of the same age on July 2 17 when 38 minutes, zhou Bizhong dials 110 call the police the call says: Its are located in 12 companies of × of street × of × of × of area of north of Chongqing city change Su Wan courtyard (place name) the building is demolished by unidentified personnel and unit. Public security bureau of airport of civil aviaton Chongqing east after district police station is accepted, at making 20l5 civilian with day Yu Gongdong clique gets a word the 2015070201st " accept case receipt sheet " , circumstance of processing of the case in this receipt sheet carries in one column bright, this case does not belong to public security mechanism administer, inform Zhou Bizhong to the government relevant section is mirrorred. 20l5 year on July 2, ministry of project of division of flight of headquarters of Chongqing airport extend makes " revise line project about 319 nations line to new China village piece the case that area construction uses the land explains " carry bright: "The construction of 3 runway project uses pass an imperial examination of area of station of Dong Hang of airport of Chongqing river north the ground, the department is applied for approval by government of Chongqing city people give an official of ministry of land natural resources, hand in government of district of You Yu north to collect land is supplied by the regulation after ending, as the airport construction uses the land. Current, the 319 countries way that unit of construction of ministry of project of division of flight of airport extend headquarters is having construction works changes a line office of shallow water bay is new to the project China village piece area construction uses the land, those who involve is new China village the 4th, land of 12 villagers group, already asked for the ground to do by government of change north district according to " government of Chongqing city people stands about Dong Hang of river north airport 3 track project use area pass an imperial examination the announcement of the ground " (〔 of ground of change government office 2013 〕 1760) , " Chongqing city change, undertake ministry construction unit undertakes construction asking for the ground to tear open change hind to supply me. " on December 18, 2015, zhou Bizhong mentions this case administration lawsuit, plea court decision affirms government of change north district tears open change compulsively the behavior of its building breaks the law.
This courtyard is additional find out, public security bureau of civil aviaton airport rejoins in another administration lawsuit shape carries bright, government of change north district asks for the ground to do staff member Chen Hang to affirm, office of shallow water bay is new the land of 4 companies, 12 companies belongs to China village really 3 runway project uses pass an imperial examination of area of station of airport Dong Hang the limits asking for the ground of ground project, government of change north district asks for the ground to do to already was released ask for the ground to tear open change announcement to keep abreast of went to ask for the ground to tear open change, already supplied land the airport to undertake construction works.
The first intermediate people of Chongqing city the court thinks, in this case, zhou Bizhong sues the behavior that asks to affirm building of forced releasing of government of change north district to break the law. Zhou Bizhong is lifted show " ask for the ground to tear open change announcement " " revise line project about 319 nations line to new China village piece the case that area construction uses the land explains " , 2015 civilian Yu Gongdong clique gets a word the 2015070201st " accept case receipt sheet " , zhou Bizhong all × of × of × of Chongqing city × is street new the fact that the building of group of the 12nd villager fastens China village village to because of governmental ask forring the ground tears open change and be demolished. Government of change north district regards area class people as the government, to the imposes the ground to tear open change job to have an organization to carry out legal powers and authorities of office inside limits of area under administration. In front courtyard careful, the behavior department that government of change north district also approbates government of change north district to impose ground office represents government of change north district to carry out. On put together, zhou Bizhong has used up initial quote responsibility, and government of change north district did not choose the lawful sex that shows evidence to prove its act, ought to bear consequence of quote incapable law. Reason Zhou Bizhong sues the lawsuit that behavior of forced releasing of government of change north district violates to request to hold water, this courtyard gives support. Accordingly, this courtyard is made (2015) change the 00638th administration adjudicates the one word at the beginning of Sino-French travel, affirm government of change north district demolishs Zhou Bizhong compulsively × of × of × of Chongqing city × is street new the behavior of house of group of the 12nd villager violates China village village.
Government of change north district refuses to obey afore-mentioned first instance court decisions, to Chongqing city senior people court mentions appeal.
Court of Chongqing city senior people 2 careful are additional find out, in June 2015 the middle ten days of a month, two street agency inform government of change north district of Chongqing river to headquarters of extend of northland border airport informs construction unit to will pay Zong Ze, Zhou Bilan, Zhou Bizhong, Zhou Biqin, week to need 5 house demolishs gentleman as soon as possible, the Chongqing traffic that headquarters of International Airport extend informed Chongqing river north of to be in charge of this area construction subsequently is built (group) line of nation of G319 of finite liability company changes a line one mark paragraph project ministry, this project ministry was in on July 2, 2015 at was being reached on June 19, 2015 the direct of two street agency issued government of change north district to have afore-mentioned 5 houses demolishing. The other fact that this courtyard finds out and first instance as good as.
Court of Chongqing city senior people 2 careful think, the building department that government of change north district starts shown new evidence to be able to prove Zhou Bizhong in 2 careful is built by Chongqing traffic (group) line of nation of G319 of finite liability company changes a line one mark paragraph way of way of × of × of × of × of area of north of project department change is street of agency, the litigant request that Zhou Bizhong asks to affirm behavior of forced releasing of government of change north district breaks the law cannot establish cause. On put together, first instance adjudicates cognizance fact mistake, should grant cancel. This courtyard adjudicates: The first intermediate people of cancel Chongqing city court (2015) change the 00638th administration adjudicates the one word at the beginning of Sino-French travel; Reject Zhou Bizhong's lawsuit to request.
Zhou Bizhong applies for rehear to say to this academy, 1. Zhou Bizhong cites shown evidence to court of first instance, all district government carried out north of preliminary proof change to demolish behavior compulsively; 2. The evidence that government of change north district submits in 2 careful is not accorded with " top people court about administrative lawsuit evidence the regulation of a certain number of problems " about referring the regulation of new evidence, reason ought not to serve as the basis that knows fact of definitive edition case. 3. Government of change north district did not choose the lawful sex that shows any evidence to prove act of its forced releasing, ought to bear quote incapable consequence. Request: 1. 2 careful adjudicate cancel, maintain first instance to adjudicate, or send heavy careful or by this academy arraign; 2. One, government of district of Quan Youyu north bears cost of 2 careful lawsuit.
This academy thinks, this proposal week needs medium lawsuit requests is to affirm government of change north district demolishs the behavior of its building compulsively to break the law. Basis " procedural law of administration of People's Republic of China " the 26th the first regulation, citizen, legal person is other perhaps the organization is direct to people court to lodge a complaint, the executive authority that makes administrative action is the accused. According to 2 careful court additional the fact that find out, june 2015 the middle ten days of a month, two street agency inform government of change north district of Chongqing river to headquarters of extend of northland border airport informs construction unit to will pay Zong Ze, Zhou Bilan, Zhou Bizhong, Zhou Biqin, week to need 5 house demolishs gentleman as soon as possible, the Chongqing traffic that headquarters of International Airport extend informed Chongqing river north of to be in charge of this area construction subsequently is built (group) line of nation of G319 of finite liability company changes a line one mark paragraph project ministry, this project ministry was in on July 2, 2015 at was being reached on June 19, 2015 the direct of two street agency issued government of change north district to have afore-mentioned 5 houses demolishing. Basis " place of People's Republic of China is various various people government organizes people's congress and place law " the 68th regulation, the people government of the city area under administration, town that does not establish a division, via approval of government of people of on one class, can create a certain number of street agency, expedite mechanism as it. According to afore-mentioned regulations, street agency fastens the administrative principal part that enjoy administrative powers and authorities of office lawfully and can assume legal responsibility external independently. If Zhou Bizhong thinks to demolish its,the building breaks the law, ought to be the accused in order to carry out the executive authority of this behavior. 2 careful are in this case below the case that proves a fact, cancel first instance adjudicates, reject Zhou Bizhong's lawsuit to request, do not have undeserved.
On put together, review application of Zhou Bizhong is not accorded with " procedural law of administration of People's Republic of China " the case of the 91st regulation. According to " top people court about applicable < procedural law of administration of People's Republic of China > explain " the 116th the 2nd regulation, the ruling is as follows:
Reject Zhou Bizhong's rehear to apply for.
Presiding judge Li Deshen
Judge Li Zhiming
Judge Yangke is male
Two years on May 7
Judge assistant Ceng Yi
To bring up of clerk ancient case
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