Mr Liu is Heibei saves some village villager, own lawful land use and curtilage base access. In June 2013, mr Huang is in village appoint when the small square near the announcement column of the meeting follows neighbour prattle, the introduces about project of garden of industry of new and high region announcement that discovered announcement column to go up. Mr Liu was made clear to be in a village on announcement carry out inside the limits around tear open change, the building of Mr Liu is by chance inside this limits. Mr Liu that has idea quite special suspicion the authenticity of this announcement content, then Mr Liu gets online go investigating the method that how can know exact content. After the experience that saw a lot of netizens, mr Liu was acquired make public to bureau of land natural resources and pertinent sectional application information. And Mr Liu does not know how to write requisition again, contacted professional lawyer then.
Arrive in understanding the relevant data that the demand of Mr Liu is licence of the construction project licence that asks to make public industrial garden project and development business application. Then the lawyer combines actual condition and oneself major knowledge to had written information to make public requisition, gentleman letting Liu handed over county home village or town to build management board, inside formulary time county home village or town built management board to make a return, mr Liu is completely those who jubilate open the content that wants to see a return, but saw only did not inquire pertinent information a few words. The one Jing in the heart, but wanting carefully to did not inquire pertinent information is to did not obtain construction license. The mood one good rise. But what expect making a person is less than is this project has begun construction, mr Liu that gets afore-mentioned information thinks the act that develops business violates for certain, to county home village or town then construction management board was sent " investigate requisition " . Hope its perform duty, the irregularity that corrects development business builds behavior. However, after passing a few months, on one hand, mr Liu still did not get a response. On the other hand, development business also does not have shutdown in construction all the time.
Mr Liu thought of the lawyer that he contacts at this moment, how to want to seek advice from this kind of next circumstances to should do? Face the doubt of Mr Liu and the assurance to whole thing, gentleman giving Liu did the following analysis.
Above all, basis " People's Republic of China builds a way " regulation, the construction of this next process should apply for to build permit of project project construction according to national regulation.
Next, " license of construction project construction runs way " the 3rd also sets, should obtain construction license and did not obtain, uniform do not get start. Because this develops business to should be in according to the regulation,construction undertakes after obtaining construction license, and development business did not obtain licence to should be belonged to break the law.
Again, " administration of People's Republic of China reconsiders a law " also set, application executive authority fulfils legal obligation, the executive authority did not fulfill, the applicant has the right to apply for administration to reconsider, make an executive authority perform duty.
Finally, " administrative procedural law " also set, other perhaps organization can select citizen, legal person in the to institute proceedings after reconsidering, also can get to specific administration action directly the to lodge a complaint when enroach on.
According to above analysis, the way that Mr Liu chooses finally to be reconsidered with administration solves this problem. After the lawyer writes good administration to reconsider requisition, chose to apply the kind that administration reconsiders to government of this county county. After submitting data finally, prefectural government also made " administration reconsiders decision book " , requirement county home village or town builds management board to perform duty. Subsequently, management board of urban and rural construction also begins to perform duty. To development business make known to lower levels a series of correcting illegal document. Mr Liu also is touched very satisfactory.
When we encounter the problem that tear open change, the head that must keep sober makes an analysis. If ambiguous how to handle among them, must contact professional lawyer in time, go up to walk along crooked road less to provide safeguard for the road that your thought fors the time being.
