Was specific administration action affirmed to break the law to mention alone compensatory lawsuit?_News

Was specific administration action affirmed to break the law to mention alone compensatory lawsuit? Counterappeal of procuratorial work mechanism

A few days ago, the bureau of natural resources of land of Yue Xi county that High Court of the Anhui province puts forward counterappeal with respect to this province procuratorate and estate of appropriate of Anqing city Anhui develop administration of finite liability company to compensate for dispute one case makes final judgment rule, support the counterappeal argument of procuratorial work mechanism, cancel Anqing city and receive river area the administration of two class court compensates for a court decision, reject estate of appropriate of Anqing city Anhui to develop the prosecution of finite liability company. This is mechanism of self check examine since conduction administration compensates for supervisory case program to reform, first administration of counterappeal of procuratorate of the Anhui province compensate for dispute case, also was last year procuratorial work mechanism begins experience property right to protect a case since special activity, highest check hangs out his shingle the property right of experience of first experience Anhui that supervise and direct protects a case.

On September 8, 2011, bureau of natural resources of land of Yue Xi county (abbreviation " bureau of land of Yue Xi county " ) publish in newspaper " state-owned construction auctions announcement of sell one's own things with ground access " , vendue state-owned construction uses lot of date of 2011-16 of experience of this case place ground access. Estate of appropriate of Anqing city Anhui expands finite liability company (abbreviation " Anhui appropriate company " ) refer contest to buy requisition, hand in contest to buy security 8.6 million yuan, and with clinching a deal at of the same age total prices was signed 20.1 million yuan with bureau of land of Yue Xi county on September 30 clinch a deal confirmation. Came in June 2012 in December 2013, anhui appropriate company submitted 4 reports to bureau of land of Yue Xi county in succession, the lawful sex to behavior of sell one's own things of land of bureau of land of Yue Xi county demur, ask bureau of land of Yue Xi county returns contest to buy security, bureau of land of Dan Yuexi county did not grant from beginning to end written reply and processing.

On November 4, 2014, anhui appropriate company mentions lawsuit of politics of start on a journey to Anqing town intermediate court of justice, recall lawfully after sue. On March 3, 2015, anhui appropriate company mentions lawsuit of politics of start on a journey to Anqing town intermediate court of justice again, the demur of the action of experience land sell one's own things that requests to sentence bureau of land of Ling Yuexi county to put forward to place of Anhui appropriate company makes reply, return return contest to buy security 8.6 million yuan bear relevant interest. Anqing town intermediate court of justice is appointed after greeting river district court to hear this case, receive the application of company of appropriate of Anhui of basis of river district court, the ruling allows its recall the litigant request that asks to make reply to demur item. After this, greet river district court to make first instance adjudicate via cognizance, affirm bureau of land of Yue Xi county auctions sell one's own things the administrative action of plot of this case place experience breaks the law, to demur of Anhui appropriate company, return the administrative action that still requests nonfeasance to also be belonged to break the law, sentence bureau of land of Ling Yuexi county to return contest of company of the appropriate that return Anhui to buy security at the same time 8.6 million yuan, reject Anhui appropriate company to request to the lawsuit of relevant accrual.

After first instance is adjudged, bureau of land of Yue Xi county and Anhui appropriate company all refuse to obey put forward to appeal. Classics of Anqing town intermediate court of justice is tried, bureau of land of county of cognizance Yue Xi auctions sell one's own things plot of this case place experience and to demur of Anhui appropriate company, returning the administrative action that still requests nonfeasance all is to break the law, sentence bureau of land of Ling Yuexi county to return contest of company of the appropriate that return Anhui to buy security 8.6 million yuan, reach accrual of deposit of this the corresponding period. To 2 careful this adjudicates, bureau of land of Yue Xi county still refuses to obey, after applying for rehear out of court to High Court of the Anhui province, apply for to supervise to Anqing city procuratorate. On June 6, 2016, anqing city procuratorate thinks via examining, the administration of Anqing town intermediate court of justice compensates for a court decision to accept and be sued in this case applicable law has a mistake truly on the condition, submit to then counterappeal of procuratorate of the Anhui province.

Procuratorate of the Anhui province thinks via examining, bureau of land of Yue Xi county auctions action of administration of body of accessory of behavior of land of case of experience of sell one's own things, according to top magic art " compensate for a case about trying administration the regulation of a certain number of problems " the 21st (4) regulation, the administration that causes because of the specific administration action of the executive authority is compensated for, compensation requests a person to carry politics of start on a journey to compensate for lawsuit alone, this behavior already ought to be affirmed to be break the law, and before company of appropriate of the Anhui in this case carries politics of start on a journey to compensate for lawsuit alone, bureau of land of Yue Xi county auctions the specific administration action of land of case of experience of sell one's own things to was not affirmed to break the law. In the meantime, bureau of land of Yue Xi county is right demur of Anhui appropriate company, return the action that still requests nonfeasance, mention with Anhui appropriate company administration is not had between compensatory request causal. Accordingly, this case is not accorded with what carry politics of start on a journey to compensate for lawsuit alone is legal sue a condition. In addition, this case is belonged to recall after sueing, sue all right again without warrant, ought to rule lawfully the prosecution that disallows Anhui appropriate company; The prosecution of Anhui appropriate company already exceeded legal sue deadline. Procuratorate of the Anhui province thinks from this, the administration of Anqing town intermediate court of justice compensates for a court decision, applicable law has a mistake truly, put forward counterappeal to High Court of the Anhui province on June 20, 2017 then.

Cognizance of High Court of the Anhui province thinks, anhui appropriate company raises the statutory requirement that lawsuit does not accord with this case to carry politics of start on a journey to compensate for lawsuit alone, and already exceeded legal sue deadline, also belong to repeat sue, should grant to reject lawfully, reason of counterappeal of procuratorate of the Anhui province holds water, make final judgment ruling then, intermediate court of justice of cancel Anqing town and the administration that greet river district court compensate for a court decision, reject the prosecution of Anhui appropriate company.

As we have learned, after procuratorate of the Anhui province accepts this proposal, case undertaker is in read the foundation that coil to go up in the round seriously, capture this case law applicable and complex conflict this one key, listen to an applicant technically bureau of land of Yue Xi county and by the opinion of company of applicant Anhui appropriate, special visited department of natural resources of land of the Anhui province, still be looked carefully at on the spot and visited local masses. After putting forward counterappeal, case undertaker makes front courtyard careful answer seriously beforehand case, do good risk to evaluate, attend rehear court to fulfil legal obligation lawfully.

After High Court of the Anhui province makes final judgment rule, procuratorate of the Anhui province continues to dog supervise, carry out correctly what ensure the court rules, they coordinate Anqing city procuratorate to supervise and urge on one hand had done this case to carry out circumgyrate, carry out reconcile the job, protect state-owned asset not to suffer lose, thing of facilitating case bear; On the other hand outspread supervise, procuratorate of proposal Anqing city gives out procuratorial work to suggest to government of Yue Xi county, supervise and urge land branch lawfully administration, develop " fan out from point to area " action, expand handle a case social effect.

Current, relevant court is dealing with executive circumgyrate according to the program.