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The author:(作者)qqpublished in(发表于) 2014/6/6 9:03:13 Hunan’s linxiang Mayor is the farmer to court， claiming to not interfere with the Court
Hunan mingaoguan track
Chengdu business news chief reporter
Wood from Yueyang, Hunan
Summary
The mayor said: there is no attendance is due to appear this time intersect, sometimes busy, had to ask agents to appear in court.
Plaintiff sued the former, our municipal and township-level government staff several times to communicate with the plaintiff. We do not have to interfere with the courts.
Home Ministry officials suggested he was "Sue"
Let the farmers eventually decided to go the way of Justice, is the recommendations of an official from the Ministry of land and resources. "I had thought the Court would take a lot of money, but the leader said, the administrative costs only 50 Yuan, if the lawsuit fee of 50 dollars is not, you can also apply for legal aid. ”
In an interview he dyed his hair
For an interview recently, Liu Qijun deliberately spent 12 Yuan dyed black hair. Talk about yourself that is just not appropriate to dress up with the farmers, said Liu Qijun, washing hair every day, dressed to have stress, "with dignity, not just".
On May 22, a mingaoguan case to trial Junshan District people's Court in Yueyang city, Hunan province, was not adjudged. Because of land requisition compensation dispute, 60, of linxiang city, Hunan farmers Liu Qijun, the Municipal Government to court.
On the 14th day after the trial, Liu Qijun anticipation to Junshan District people's Court, was told that judgement will need to wait for some time. Yesterday, judge Mao Xuewen told Chengdu business newspaper reporters, Mayor of linxiang city, city of Gong Weiguo was legal, is not a defendant in the case. He said the case was difficult cases, ruling through discussions and superiors of the Judicial Committee.
In previous opinions, but the City Mayor Gong Weiguo is another "defendant", Gong Weiguo recently told Chengdu business newspaper reporter in an exclusive interview, said that he had considered to appear in person, "If in the end lost the lawsuit, will perform in place."
Mayor had "considered to appear in person"
Unbearably busy delegate representation
Chengdu business daily: a city long suddenly be a farmer "defendant", react when you heard the news?
Gong Weiguo: relatively quiet. In my opinion, the administrative proceedings, leapfrog appeal with the past, collective letters and visits and other forms of expression demands completely different objective reflects the linxiang public legal rights awareness gradually increased. As Mayor, participate in the administrative procedure, its legal status and the masses are equal. Active subject to judicial supervision, on advancing linxiang strict administration according to law, the executive authorities in accordance with the law has practical significance.
Chengdu business newspaper: when was the municipal Legislative Affairs Office has received a subpoena, how did you prepare for this action?
Gong Weiguo: specific signing date, save volume depends on the Court's delivery receipt. After the signature, we have carefully examined the case, collection of laws, regulations and regulatory documents from relevant departments, and the administrative procedure law requirements, provide evidence and pleadings in a timely manner.
Chengdu business news: have you considered to appear in person? Finally, why didn't appear in court?
Gong Weiguo: thought about it. Failed to appear is due to appear this time intersect, sometimes busy, had to ask agents to appear in court.
Chengdu business newspaper: designated defender (lawyer) what are the criteria? Why the selected Legislative Affairs Office and the Bureau of land and resources of two staff members responding?
Gong Weiguo: Defender selection criterion is the overall concept of a strong, fair and honest, know the law. Elected Legislative Affairs Office and land Office staff should be sued, because they are public servants, in conformity with the law. Bureau of land and resources as the subject of demolition work, arrangements for staff members on the suit.
No court intervention
Chengdu business daily: to avoid lawsuits, pre-trial negotiation with Liu Qijun? Liu Qijun Junshan District Court wonder if you also be interference?
Gong Weiguo: plaintiff sued the former, our municipal and township-level government staff several times to communicate with the plaintiff. We didn't to Junshan District Court interference.
Chengdu business newspaper: in the past, people in the face of what is similar to the widespread practice of demolition disputes? Bring confusion to the Government and what?
Gong Weiguo: in the past, on the construction of key projects, livelihood projects, mass fit is required, demolition, as long as the policy advocacy, home visits, the vast majority of people can still understand support and active cooperation. However, individual compensation charging the masses did exist beyond the scope policy, unwilling to levy, refused to sign. Especially since the project categories, regional differences result in different compensation standard for land expropriation, in practice, we seek the dismantling work operation increases the difficulty.
Chengdu business daily: the "mingaoguan" case, which touches and brings to the work of linxiang city, government departments change? How to face the results of the proceedings?
Gong Weiguo: a big touch is to always keep in mind "the interests of the masses is no small matter" concept, strictly according to the law on procedures. In future work, adhere to the "not with the public for profit", strengthen communication and coordination, encourage and guide the masses to safeguard their own rights and interests through legal means.
Regardless of the outcome of the proceedings, we will respect the Court's decision, if you win the lawsuit, based on the administrating and further increase the intensity of policy advocacy guide, avoid the crowds again mistaken misreading of policies and regulations; if you lose your case, we must be in accordance with relevant legal and regulatory requirements, implementation is in place.
Chengdu business daily: what do you think of people such "mingaoguan" behavior?
Gong Weiguo: this is an expression of mass awareness, awareness enhancement, we will be more responsive to "mingaoguan".
Chengdu business daily: in many places in China are exploring "the head of the administrative litigation system" as administration head appearances is respect for the law and social construction of the legal system. How would you rate "the head of the administrative litigation system"?
Gong Weiguo: I think, the Chief Executives lead to court litigation, is a kind of demonstration was dare to play, to be a performance shoe, on the local area, this system of administration according to law, will play a strong touch and promote and support.
Farmer
"Lawyers to back down, on your own"
"Why compensation is lower than 5 years ago? ”
This is the first case of 60-year old Liu Qijun life, sued the City Government, need to be brave enough. In 2008, built between Hunan and Hubei Province road, he a 0.98 acres of paddy fields, with 8,000 yuan/Mu prices imposed by the Government, he said, he ended up getting a $ 36500 "compensation". “
The Liu Qijun's House was once again imposed a 1.3 0.2 acres and acres of tea plantations cuisine. Last April, the land Group gave him a 23467 Yuan bank account, which is a sum of compensation, including land, such as athletes. Liu Qijun wondering, "why is lower than it was 5 years ago? ”
The land acquisition was starting from the end of 2012, and in November of that year, hangchowensis snapper crusted village Committee post first proposed land acquisition announcement. Chief Engineer of the linxiang City Bureau of land and resources Wang Jinxiong full participation in the work of land requisition, he explained, the work involving local 4 townships, total 3760 on acres of land, is in accordance with the Hunan Government issued the "2009" 43rd document.
43rd, and full names for publication in the Hunan provincial people's Government on the compensation standard of land requisition in Hunan Province issued the notice, the file on the local price of land expropriation standard in Hunan province, which cross shop compensation standards for 26730 Yuan per MU, "this criterion is calculated for an output of paddy field, Liu Qijun's drylands needs on this basis multiplied by a factor of 0.7. "Wang Jinxiong said, according to the paper, all over land expropriation in Hunan province had" one size fits all "basis, avoiding the complicated calculations.
Starting from suspected price, Liu Qijun started looking for different types of documents. 2008 "lesson" that he "soon found tricky."
He found another copy of the file. This letter of Xiang's political "2008" file, 159th, called the Office of the Hunan provincial people's Government on the province's highways issued the notice on compensation standard of land requisition, mentioned in the first article: highway construction compensation standard for land expropriation in annual output of standard terms, namely "General agrarian land compensation and resettlement allowance calculated at 16 times the sum". Liu Qijun believes that own land were enlisted to build highways, shall comply with this file.
To calculate their own interests with only junior secondary education culture Liu Qijun studying more government documents, they discovered that "not one or two files to explain the problem."
He found that subsidies for land compensation and resettlement calculations, should be based on multiples of 3 years before the land value multiplied by the compensation for land expropriation. To find the average value, he found revised in 2012 "Hunan compensation standard for land expropriation", under which further calculates the average value of their land, a 1936/MU.
Linxiang City Government Legal Office believes that Liu Qijun "1936-Yuan output value" basis could not be found. According to the Xiangtan in Hunan province's political "2005" 47th files in linxiang city, annual production value of 1440/MU, per acre can be compensated accordingly for 1440 x16=23040 Yuan. Wang Jinxiong said, some files related to land expropriation awkward and difficult to understand, but they believed that Liu Qijun's compensation, "only 16 times, it's not 32 times, works out to receive less compensation than he has. ”
Liu Qijun argues that annual output in the 47th, and nearly 10 years ago when "clearly is out of date".
"They worry that lawsuits can't win"
Liu Qijun told Chengdu business newspaper reporters that he would "strongly supports nation-building", but "8 people depend on land for dinner at home, eldest son, a 4-, me and my wife, and my parents, now the whole family only 1.4 hectares of paddy fields. "He said he lives most of the time dealing with land, but right now it's age," nobody wants to work, lost economic resources. ”
Liu said that he finally decided to let go of means, an official from the Ministry of land and resources recommendations. "I had thought the Court would take a lot of money, but the leader said, the administrative costs only 50 Yuan, if the lawsuit fee of 50 dollars is not, you can also apply for legal aid. ”
Choose to play this thing together with Liu Qijun, Lee farmer Lu Dejun, death army, the three farmers from 3 groups of 2 villages. "The Court is my proposition, they began to worry, sue the Government, certainly did not win the lawsuit. And I said, listen to my right, trust law. ”
On December 12, 2013, after several twists and turns, Yueyang city intermediate people's Court has accepted this case, after the case is handed over to Junshan District people's Court in Yueyang city. Since then, the 3 farmers have gone through 3 times in Yueyang city intermediate people's Court, 9 Junshan District people's Court in Yueyang city.
They are also preparing to hire a local lawyer, but $ 9,000 worth of legal fees. Liu Qijun said lawyers heard is to sue the city and the Mayor, psychological backed down. "We don't have so much money, and he hesitates, I decided to myself. ”
Linxiang City Government-designated city land Bureau Chief, regulations unit and a lawyer involved in the suit, cross paving rural township 5 staff members participated in the audit.
Shop cross discipline Inspection Commission have been told Chengdu business newspaper reporters, Liu Qijun, linxiang city, fired several times in Committee, hearings, but Liu Qijun is still stuck. Liu Qijun said, not to fight the lawsuit, he and his family are divided, "a fear of reprisals, and did not win, the three took money, Miss. ”
He said that their cards do not play mahjong during leisure chess books, many farmers do not understand policy, and doesn't care about the law, spent their time at the table.
In his view, the people's team, the "Ponte was placed across town, or even an entire linxiang city, also my strong point. "He said, China has entered a society ruled by law, he told them, to go the legal way.
(Original title: farmer to court Mayor: If you lose the case, certain execution)
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