Break out
The event injuring a person that collects the ground to tore open change to appear to make a person distressed together again. On October 15, yangzhou city Hangzhou " is begun to tear open near market town small canal violate " act, the team that tear open change took to have a deficit greatly, surround view masses innocent suffer disaster, be driven to collide by owner Wei Mou. According to newest bulletin, the staff member that tear open change reachs spot masses, 2 people die 8 people are injured.
For a short while, each are big media centers a report in succession, formed heat of a news. Also caused quickly on the network discuss greatly: Yangzhou Hangzhou market town is torn open violate whether lawful, owner striking a person to belong to self-defence or " to hurt " of person, intended homicide, " intentionally to break the law fight tear open " . By force of public feelings pressure, relevant video is very fast in each big platform is deleted, but this one attention of a lot of netizens and surround the heart of view to did not cool however.
Each person is awaiting more detail exposure, till come to light. Like loving earth to tear open change lawyer group and everybody, expect and believe law to be able to give out the result of fair justice.
Why does lean to one side of network public opinion sympathize with drive is the " that strikes a person violated establish " owner?
Netizen comment
From the point of the netizen's comment, almost a lot of people are to sympathize with this owner.
This explains, "Tear open violate " really the mood that virtually affected many people and footing. "Tear open violate " at every turn one swarm person will to the spot work, the owner that invites a netizen to fight bravely to an isolated force produced very big compassion.
The behavior that a few netizens execute the law to tearing open change personnel force conveyed crosscurrent. The netizen says for owner plead " is torn open change team is hit cheated, it is to be in drive when escaping, by accident step on the gas " .
Still the netizen puts forward owner to drive even the behavior " that strikes a person must be self-defence " .
We notice, in these comments more it is to stand in owner one party. Those who regard public right as force is face to ask for debit in the individual, it is the one party that is in weak force, because this netizen sympathizes with owner,be understandable.
Like loving earth to tear open change lawyer group and everybody, pay close attention to Yangzhou to dismantle the relevant headway after change incident happens all the time, the message that also cares this owner that is torn open to violate " by " and the legal liability that face possibly, and tear open change square " is torn open violate " technological process lawful.
This metropolis affects the adjudicative result after incident enters judicatory order finally.
Incident reviewing: See the bulletin of city of science and technology of Yangzhou town organisms' habits
Bulletin full text
Basis " bulletin " in light of, the " that this is a model is torn open violate " incident. If everybody pays close attention to news, should meet discovery, since this year, each district is torn open violating incident is not little. Tear open violate, inevitable meeting affects the interest of person of the change that be torn open, although each district is torn open in the report,violate " of " news of victory, tore open here hundreds of smooth, tore open over there on 10 thousand smooth, a picture that go well.
But will look from the point of view that solicits the ground to tear open change law worker, we can appeal to psychology of contradiction of sue for peace to the interest of person of the change that be torn open from forefront care however. Come this year, the law that loves earth to tore open change lawyer group to receive many tearing open to violate seeks advice. Square to tearing open change for, just demolish to violate build; And to be being torn open for change person, remove his property namely, is he not urgent?
If why handle this among them contradiction and issue, also need to think our expropriation wisdom.
Until the day before yesterday, tear open violate tear open gave human life.
A few doubt in incident must make clear Hunan!
1, Wei Mou's building whether is " violated build " ?
If be like Yangzhou to tear open change square place to say really, building of block water violate the rules and regulations is located in Hangzhou market town small canal, and small canal is discharged for area big into the river is main passageway, also be project of punish of black smelly wadi. So, wei Mou's building is belonged to violate the odds that build very tall.
But also have exposure of scheme of netizen dispatch check, wei Mou's " is violated build " -- 10 thousand luck amount to travel things company to not be in small canal edge, be apart from river side to still have certain space even, violate build still two say.
Netizen dispatch
Additional, according to Wei Mou the wife says its encounter demolished structure, just obtained land evidence.
Love earth tears open change lawyer to think: Obtain land evidence, explain this plot accorded with land to use a program, cloggy river course is built on cognizance ground, come up from law say have not a leg to stand on. Because,even if is external state of affairs, need changes a program, also ought to tell administration ahead of schedule opposite person, have move amply from time. Lawful administration, reasonable administration, it is the basic principle that administrative regulations decides governmental administration.
2, is the technological process that violate torn open in incident lawful?
The government thinks administration hampers relative to the person's building or land wadi, belong to violate build, should issue first violate build cognizance book, issue written deadline to demolish advice note next. Inform condemnatory fact and basis. Inform the right of allegation and averment.
Correspondence arrives this case, from " bulletin " in light of: Hangzhou market town flood prevention prevents drought headquarters to issued announcement on July 5, 2018, the building of requirement embezzlement wadi, build head of content, dam by owner the proper motion inside 5 days is demolished; On July 7, to Wei Mou deadline of make known to lower levels demolishs advice note; On August 13, keep clear of to Wei Mou make known to lower levels again inform a book. But this door does not grant to cooperate from beginning to end. On October 15, headquarters enters the arena tear open violate.
From " bulletin " in light of not much information of report, tear open change square flow is put in certain flaw to reach illegal situation. The analysis is as follows:
Above all, hangzhou market town flood prevention prevents drought headquarters tear open violate main body position unqualified. Because headquarters just faces opportunity compose, did not entrust other unit to undertake tearing open the right that violate.
Basis " law of urban and rural program " regulation, tear open violating the principal part that execute the law ought to be government of people of villages and towns.
Next, did not reflect maintain violate the flow that build and document, the building that did not affirm Wei Mou from respect of legal copy clerk namely is belonged to violate build.
Again, although allotted deadline to demolish advice note, but party exercise did not give the time with relevant enough right in administrative program. Allot namely " deadline demolishs advice note " hind, advice note ought to hold right of the state that bright Wei Mou has, averment, allow its from the card, legitimate rights and interests that safeguards oneself, its are legal dimension authority effectiveness for a given period of time is 6 months. And in this case, this paragraph of time has a many month only. This is illegimate.
The 4th, did not allot deadline to remove decision book. Decide the book should inform his to enjoy right of lawsuit of some answer make peace lawfully. Here technological process is not whole, have be short of break.
The 5th, if allotted deadline to remove decision book, do not cooperate in Wei Mou, do not reconsider not below litigant circumstance, tear open change to just ought to continue to allot administration to fulfill urge solicit a book, via urging what after accusing, still do not correct, just can make the punishment that demolishs compulsively. But tear open change to just was not issued urge solicit a book. Also be to be short of somewhat here break.
On put together, tear open change square violate technological process not complete, illegal point is obvious.
3, is " violated build " owner to drive bump into a person what to kind of law responsibility ought to assume?
Above all, drive bump into a person to cannot be taken. Between this second case, in light of the video that through new capital the newspaper releases, although Wei Mou has objective reason to inspire anger, but drive the act that strikes a person caused tremendous menace to other person safety. From the point of the lawyer's angle, the action that Wei Mou strikes a person offended really criminal law, but have objective reason, also can be reduced according to criminal law or punish lightly.
Are we collected person how does reason treat " to tear open violate " ?
Once our building is maintained to violate,build, we ought to adopt administrative approach or legal approach seeks help of ask for help. For this, love earth tears open change lawyer group to tear open the party that violates hot water to offer a few proposal for experience:
1, we are not blind and actuation, ought to ensure body of people on one's own side is safe first, the person safety that compares oneself without what and domestic person are restful more important.
2, we should be in maintain violate when building, go actively collecting be helpful for him building the evidential material of lawful sex or formalities.
3, once have the risk that is removed compulsively, we ought to divert the valuable goods inside house as soon as possible, assure safety from belongings. Transfer relevant certificate. Undertake taking a picture to the building at the same time kinescope, stay take testimony.
4, the do a crash job that lot does not take technological process is torn open violate, we should call the police in time, seek police help, right piece alarm circumstance record and recording take a picture. This also is an evidence that thought of demand of our later period fors the time being.
5, the legitimate rights and interests that will safeguard us through administration and legal approach.
