With case commentate of the law -- compensation of administrative lawsuit, administration
Administrative compensation shows administrative action is illegimate normally cause a loss relative to the person to administration, the victim has right the right of seek redress, carry case of a forced releasing today, tell everybody how thought fors the time being.
Details of a case answers put: King of area of Heibei of city of living Tianjin of accuser Huo Mou strings together 7 buildings in field look colour buildings of 53 101 private property, accuser was built outside the side window austral its building from iron qualitative crawl is in. Fulfil superior to build the demand of national sanitation the city zone about be being achieved actively to carry out, king of area of Heibei of city of the accused Tianjin strings together a street agency to build the behavior such as random lid to undertake administering to the illegal illicit inside area under administration. Classics the accused and accuser talk things over, both sides is in to accuser on June 23, 2018 to its building outside the window built iron pledges crawl undertakes demolishing. On June 23, 2018 morning, because former, the accused demolishs crawl be related to produce controversy, the accused staff member expresses that he must be demolished. After this, because accuser is informed,the accused does not have combustible article inside staff member crawl, bring about the accused to dismantle manner undeserved arouse igneous passion. After putting out igneous affection, the accused demolishs this crawl end. Before demolishing, the accused did not have check the amount to the article inside accuser crawl.
Additional, accuser sues the accused to affirm demolish crawl to violate one case, the court was made on December 24, 2018 (2018) 111 0105 administration at the beginning of travel adjudicate ferry, the court decision affirms king of area of Heibei of city of the accused Tianjin strings together a street agency to was located to accuser on June 23, 2018 king of area of Tianjin city Heibei strings together 7 buildings in field look colour the administrative action that crawl advocates to undertake enforcing demolishing oneself outside 53 side window austral 101 buildings breaks the law.
Juridical reason reachs a result: The court thinks through cognizance, basis " country of People's Republic of China compensates for a law " the 2nd " national office and powers and authorities of office of exercise of national office working personnel, what this code decides encroach citizen, legal person and other organization the case of legitimate rights and interests, cause those who damage, the victim has according to the right that this law acquires a country to compensate for " regulation, comfortable case of accuser main body, this academy (2018) 111 0105 administration at the beginning of travel adjudicate ferry course of study already become effective, the administrative action that affirms the accused is demolished compulsively breaks the law
Accuser proper motion builds iron qualitative crawl outside the building window that its live, the accused builds the behavior such as random lid to undertake administering to the illegal illicit inside area under administration, did not undertake to the article inside accuser crawl when the crawl that removes prosecutor check the amount makes article detailed list, and as a result of the accused neglectful, cause measure improper is adopted in demolishing a process, cause fire the article burn down inside crawl of affection general accuser, the accused ought to assume administrative liability to pay compensation to this share loss. In the meantime, in demolishing a process, accuser tells defendant clearly there is tinderbox inside crawl, bring about the accused to dismantle manner undeserved arouse igneous passion, to this accuser also should assume corresponding responsibility. Prosecutor position compensates for his each loss, but fail to provide corresponding evidence, this academy considers the size of bilateral responsibility and real case integratedly, convert into money of take into consideration the circumstances compensates for accuser RMB 1500 yuan.
Judge view: Just adjudicate compensatory dweller although this case is medium finally 1500 yuan, but value of itself of window purse net is finite, add accuser to proved to cause without sufficient evidence how old loss, compensatory amount is so inferior.
Adopt this proposal win the lawsuit ought to understand, safeguard legitimate rights and interests to need a fight, encounter executive authority misuse of authority when us, enroach on oneself rights and interests, the means seek redress that can pass lawsuit completely is damaged, sufficient evidence should prepare before sue, such ability increases are the biggest change.
" administrative procedural law " set such as the 12nd times " administration is detained, of short duration is buckled or revoke licence and charter, order stop production stop business, confiscate illegal earning, confiscate illegal property, amerce, warning to wait " , "Right perhaps to limitting person freedom of belongings close down, sequestered, freeze wait for administrative coercive measures and administration to be carried out compulsively refuse to obey " in all tens of kind administrative action.
By condemnatory person disaffected, all can be in since the day that know or ought to know to make administrative action inside 6 months, mention lawsuit of politics of start on a journey.
Administrative contentious case all needs a county put on record of court of one class people, lose a lawsuit to final executive authority, can be asked by condemnatory person the executive authority recalls the administrative action that make, cause what damage actually is OK seek redress.
Above is the legal little knowledge that shares today, it is OK that if fruit is actual,legal doubt is encountered in the life illicit letter seeks advice.
