Article introduction: " house of state-owned land main rooms is collected with compensation byelaw " the 14th, it is the regulation that about be being collected the person relieves channel. The article is analytic " the building is collected with compensation byelaw " in, how be when tearing open change to refuse to obey to collecting, sued and to how be when tearing open change to refuse to obey to collecting, sued and reconsider?
The first part: Law textual
" house of state-owned land main rooms is collected with compensation byelaw " the 14th regulation, the building that person be expropriationed makes to government of people of class of city, county collects decision disaffected, can apply for administration to reconsider lawfully, also can mention lawsuit of politics of start on a journey lawfully.
The 2nd part: Law is analytic
One, the relief channel of person be expropriationed
1, a regulation person be expropriationed is right the building that government of people of class of city, county makes collects decision disaffected, can apply for administration to reconsider lawfully, also can mention lawsuit of politics of start on a journey lawfully, reflected administrative regulations to collect the adjustment of relation of party both sides to the building, be collected clearly relief way of the person.
2, this reconsider about administration, the regulation of administrative lawsuit right and this byelaw thirteenth focal point of photograph comparing side is different. Front courtyard of principle columns of a hall tears open change group to think, thirteenth formulary building collects decision announcement to ought to carry bright administration to reconsider, the item of administrative lawsuit right, it is right the building collects decision content to give standard, the; of legitimate rights and interests that makes sure person be expropriationed can be clear that him understanding can pass what right to relieve means to safeguard his and this it is clear be collected the person collects a decision to undertake reconsidering to the building or litigant right, although did not reconsider administration lawfully, administrative lawsuit right collects a decision in the building in announcement bright show, also do not affect person be expropriationed to be reconsidered through administration, the means such as administrative lawsuit right undertakes relief to the right.
3, what break the law in the process is collect in the building to prevent and be corrected improper perhaps specific administration action, protect the legitimate rights and interests of person be expropriationed, ensure and control an executive authority lawfully exercise powers and authorities of office, the relief right that makes clear pair of people be expropriationed is the serious content that this byelaw provides. The specific administration action in thinking to collect a process in the building when person be expropriationed encroached his when legitimate rights and interests, can apply for administration to reconsider lawfully or mention lawsuit of politics of start on a journey, reflected the principle with the proper program that this byelaw sets.
2, application administration is reconsidered
Person be expropriationed is OK according to " administration reconsiders a law " application administration is reconsidered. " administration reconsiders a law " the 6th regulation, citizen, legal person is other perhaps the organization thinks the executive authority violates those who collect property, can apply for administration to reconsider; the 9th regulation, other perhaps organization can know citizen, legal person oneself since the day of this specific administration action administration puts forward to reconsider application; thirteenth inside 60 days regulation, citizen, legal person is other perhaps the disaffected of specific administration action that organizes government of various to the place people, up the; of administration of application of government of people of one class place that reconsider sets the 16th times, administration of application of other perhaps organization reconsiders citizen, legal person, administration reconsiders mechanism to had been accepted lawfully, citizen of; of lawsuit of politics of start on a journey, legal person must not be carried to people court inside the legal administration time that reconsider other perhaps organization mentions lawsuit of politics of start on a journey to people court, people court has accepted lawfully, must not apply for administration to reconsider.
3, mention lawsuit of politics of start on a journey
Person be expropriationed is OK according to " administrative procedural law " mention lawsuit of politics of start on a journey, people court ought to serve as administrative case to accept. Front courtyard of principle columns of a hall understands, " administrative procedural law " eleventh regulation, citizen, legal person is other perhaps the organization thinks the executive authority violates its money property right, can carry; of lawsuit of politics of start on a journey the 19th regulation, because of praedial the administrative lawsuit that mention, by court of praedial seat people administer; sets the 25th times, citizen, legal person is other perhaps the organization is direct to people court to lodge a complaint, the executive authority that makes specific administration action is classics of the accused; reconsidered case, the mechanism that reconsider decides to keep action of former specific administration, the accused; reconsiders mechanism to change action of former specific administration the executive authority that makes action of former specific administration, the mechanism that reconsider is thirtieth of the accused; sets 7 times, other perhaps organization can apply for citizen, legal person first reconsider again to lodge a complaint, OK also and direct to thirtieth of; of people court to lodge a complaint 8 set, citizen, legal person is other perhaps the organization reconsiders decision disaffected to administration, thirtieth of; of to lodge a complaint of court of 15 days of indrawn people since the day that gets book of the decision that reconsider oneself sets 9 times, citizen, legal person is other perhaps the organization is direct to people court to lodge a complaint, ought to be in since the day that knows to make specific administration action inside 3 months put forward.
Front courtyard of principle columns of a hall hints you:
According to our country relevant law sets, 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.
