Article introduction: Zhou Mou appeals for help 1 year to did not want the compensation that tear open change, go sueing forensic reject a complaint, is this why?
(the first part) case story
A a year ago midday, zhou Mou and husband just ate lunch, the staff member that tears open change to do comes in their home, the announcement is about to be carried out to its building next week demolish. Zhou Mou expresses to object, because still do not have negotiate to amend a requirement, did not sign tear open change to find a place for compensation agreement. Tear open change square staff member comes to Home Zhou Mou many times, think they did not sign an agreement to affect the plan of the job that tear open change tardy. If or else signs an agreement,express, carry out forced releasing possibly. Arrived next week one, week some family was not vacated return a house, a group of construction worker that demolishs a building came, the building raze to the ground of Home Lin. Home Lin person filmed with the mobile phone the picture of the spot that tear open change and video, was on the road that appeal for help from now on, undertake informing against to concerned branch at the same time. Time flash passed one year, also did not want the compensation that tear open change. Zhou Mou and family decision are sued to the court directly, but the judge expresses,this law case cannot be accepted. Home Lin person remembers 2 years just spending litigant effectiveness for a given period of time, be apart from forced releasing just 1 year many. Is this why?
(the 2nd part) how do we read view law set to this kind of case
(1) the prosecution of forced releasing case deadline shortens for 6 to 12 months, do not miss dimension authority effectiveness for a given period of time.
Appeal to the provision that explains the 64th according to new travel, when the executive authority makes administrative action, did not tell citizen, legal person other perhaps organization sues deadline, sue deadline to other perhaps organization knows or ought to know to sue the computation since the day of deadline from citizen, legal person, but rise from the day that know or ought to know administrative action content the longest must not exceed a year.
(2) it is administrative action firstly party was not informed to appeal to authority when making, it is to sue deadline to be 1 year secondly. Front courtyard of principle columns of a hall tears open change group to think, normally for, after forced releasing happening, want to sue governmental forced releasing to break the law, need is inside 6 months to lodge a complaint, but in forced releasing case, before the government carries out forced releasing sometimes, do not grant written announcement, or the right that there is clew party lawsuit in the writ that is make known to lower levels, right now party is inside 1 year all but to lodge a complaint. In forced releasing case, party often fears become acute is contradictory, do not be willing to sue a government immediately, choose a letter to visit however, inform against, look for the means such as the leader to try to solve, time is protracted very long, the problem gets not easily also settlement, when resolved really when sueing, missed however sue deadline, lost dimension authority chance. The judicatory that came on stage 2000 however sets in the explanation, the prosecution below similar case deadline is 2 years, the reader that has certain knowledge to law so needs to notice all the more more instead, the change that did not overlook legal provision is brought about sue deadline more than.
(3) these two kinds of circumstances cannot put on record
Class of A, in-house layer supervises action. Some party think " house of state-owned land main rooms is collected with compensation byelaw " in government of formulary superior people ought to strengthen what collect compensation job to building of junior people government to supervise, sue requirement court to adjudicate ranking government fulfils the obligation that controls inferior government accordingly, the hope borrows this to supervise and urge ask for debit to push the work. But explanatory lieutenant general tells in new travel supervisory action of class of this kind of in-house layer is labelled clearly cannot relate action, because in-house layer class supervises the right obligation with new party of not direct set to concern,this is, court also cannot at this point put on record.
B, letter seeks conduction action. A lot of experience collect the party that tears open change attempt of dissatisfactory to tearing open move result metropolis visits channel solve a problem through the letter, if visit a process to be accepted mediumly to the letter, hand in do, the behavior such as supervisory examination, guidance resents somewhat, can hope to sue a letter to seek action directly sometimes. Do not have force because of these behavior however, obligation of incorrect and hypostatic right produces an effect, so the court also won't be accepted. If the letter visits office,exceed of course period do not reply, it is OK still to sue its administration nonfeasance in forensic put on record.
(the 3rd part) why forensic reject a complaint this case?
1, controversy focus (1) do not sign compensation agreement, can forced releasing?
Not OK of course! Front courtyard of principle columns of a hall thinks the law that has according to our country sets, namely " house of state-owned land main rooms is collected with compensation byelaw " the 27th regulation, "Executive building is collected ought to compensate first, hind remove. Government of people of class of the city that makes a building collect a decision, county after to be being collected the person offers compensation, person be expropriationed ought to agree in compensation agreement or compensation decision removes certainly finish inside deadline remove. Any units and individual must not adopt violent, menace or deregulation interrupts water supply, heat addition, air feed, power supply and road to pass through wait for illegal means to force person be expropriationed to remove. Prohibit building an unit to participate in remove activity. Because this tears open change in this case,just be below the condition that did not sign an agreement forced releasing breaks the law.
2, controversy focus (2) forensic reject a complaint is this case correct?
Forensic practice is lawful! Because of the basis our country is new 2018 " administrative procedural law " judicatory explanation imposes the regulation that dismantles change to the building, after forced releasing happening, want to sue governmental forced releasing to break the law, need is inside 6 months to lodge a complaint, but in forced releasing case, before the government carries out forced releasing sometimes, do not grant written announcement, or the right that there is clew party lawsuit in the writ that is make known to lower levels, right now party is inside 1 year all but to lodge a complaint. In this case, the distance tears open change to had exceeded 1 year, exceed litigant effectiveness for a given period of time apparently, so the court just did not accept this proposal. The effectiveness for a given period of time of 2 years of lawsuit that Home Lin person mentions, was 2000 come on stage " old judicatory explains " the regulation to this kind of case. Say so, after front courtyard of principle columns of a hall tears open change group to suggest to tear open change door to encounter forced releasing, want to adopt legal approach to solve a problem as soon as possible. Do not delay valuable time!
Front courtyard of principle columns of a hall hints you:
If you encountered illegal forced releasing, you should be in know by forced releasing administrative lawsuit mentions inside 6 months since day. Because of the regulation according to our country relevant law, in encounter when asking for the ground to tear open change, person be expropriationed is torn open change person can be in receive collect a decision, administration mentions to reconsider inside 60 days when collect the specific administration action such as compensation decision, administrative lawsuit mentions inside 6 months. If house by forced releasing, want right of dimension of the to lodge a complaint inside 6 months in the day that knows forced releasing. Some tear open change door to be able to be written to visit, but the letter is visited is not legal approach, how long to no matter the letter is visited,make the argument that sues deadline to interrupt. Person of a lot of change that be torn open is written to visit delayed time, miss litigant effectiveness for a given period of time, although sue, the court also won't be accepted. Although look for a lawyer, what to do to help you! In practice, no matter look for superior to reflect a condition, go informing against local staff member, visit everywhere, cannot essence solves a problem, those who delay is your valuable time that defends rights and interests only! In cannot with collect the circumstance that tears open change to just negotiate negotiate to fall, ask what contact major as soon as possible to ask for tear open a lawyer, seek a solution.
Attention " front courtyard of principle columns of a hall tears open change lawyer " a date, illicit letter leaves a message, can enjoy man-to-man solve.
