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The author:(作者)qqpublished in(发表于) 2014/6/12 5:06:19 Farmer petition fails three times due to disputes in Hunan province sued the City Government
Source: Hunan radio and television-legal weekly
Chief correspondent for the law weekly Jiang Gewei
10:10 P.M. on June 8, after waiting for more than 10 days, 60 of Yueyang linxiang in Hunan farmers Liu Qijun is finally in 7 sets of CCTV's focus on Agriculture column sees himself in close-up. 46 min hair, thin mustache. Compensation standard of land because of dissatisfaction with the local government, he was Mayor of linxiang city, filed suit against the Government and the Court.
Time, Liu Qijun became the darling of the media gobbled. When he learned of the verdict to wait 3 months to get out, he begins to suspect collusion between Government and courts.
"Before the plaintiff, city and township government staff on many occasions to communicate with the plaintiff, nor make any disturbance to Junshan District Court. "The Mayor of linxiang Gong Weiguo said in an interview with reporters.
"Showing up in that case were ordinary farmers ' lawful rights and interests through litigation in the form of proper maintenance of vitality. This option has a very good example. "Law society programs, President of the law society in Hunan province, Huang Jie, a professor at Hunan Normal University law school said. In his analysis, the demonstration effect of the case could actually show how, you also need to look at the whole proceedings courts image display and image in the process. Through litigation to maintain the legitimate rights and interests, and also makes the Government's administrative act subject to judicial review, which itself is a correct and proper way. But what will be the result, there is need to observe.
Question: the lower the compensation in more up
The case is the first lawsuit in Liu Qijun's life, and sue the City Government, require a lot of courage. In 2008, built between Hunan and Hubei provinces, and a 0.98 acres of paddy fields of his home at 8000 Yuan/Mu price was imposed by the Government. But he said he only got a $ 36,500 dollars in compensation.
In 2012, Liu Qijun's House was once again imposed a 1.3 0.2 acres of vegetable fields and acres of tea plantations. Last April, the land Group gave him a 23467 Yuan deposit is a sum of compensation, including land, athletes, etc. Liu Qijun wondering, "why was lower than it was 5 years ago? ”
Liu Qijun said the expropriation was starting in November 2012, Ouni Ma Cun Wei Hui, posted first to be started after the announcement of land expropriation. He found that the land compensation and resettlement subsidy calculation should be based on multiples of 3 years before the average land value multiplied by the compensation of land expropriation. To find the average value, he found revised in 2012 "Hunan land compensation standards" under which further calculates the average value of their land, 1936 Yuan per MU.
Linxiang City Government Legal Office believes that Liu Qijun "1936" data basis could not be found. According to Xiangtan, Hunan province, Chief Executive's Office "2005" 47th document, annual production value of 1440 Yuan/mu of land, linxiang, accordingly, can obtain compensation for per Mu 1440 x16=23040 Yuan. Linxiang city, Chief Engineer of the Bureau of land and resources Wang Jinxiong says some files associated with land expropriation awkward and difficult to understand, but they believed that Liu Qijun's compensation, "only 16 times, according to this standard, down to lower compensation than he has received. ”
Liu Qijun thinks, 47th annual output value in the file is nearly 10 years ago, "apparently is out of date".
Repeatedly petitioning rights
In order to claim "reasonable" collection, Liu Qijun, like most households, and petitioning for rights is selected.
Liu Qijun, Yueyang linxiang city sent to the Government, Legislative Affairs and municipal land and resources Bureau of letters and visits Office, Hunan provincial Department of land and natural resources, were unsuccessful.
In April 2013, Liu Qijun found a copy of the General Office of the Hunan provincial people's Government on the compensation standard of land requisition and relocation of the highway across the province notice (Xiang Zheng ban letter [2008]159) (hereinafter referred to as the 159th). According to the document, the compensation should be calculated according to the value in the output value of standard, commonly cultivated land compensation for land compensation and resettlement by 16 times multiplier, basic farmland was put together by 25 times to calculate.
Liu Qijun, the survey found, Yueyang city, recently for the annual output value per mu of basic farmland in 1936. In accordance with the above criteria, general compensation for each mu of farmland 61952; 96800 Yuan for each mu of basic farmland.
Liu Qijun took this "magic weapon", four times to petition the provincial government, did not reply. He decided to go to Beijing to appeal, when in the second time to go to Beijing to petition, he received the Ministry's reply on the spot.
Liu Qijun still retains this email photo taken by using a mobile phone, letter reads: "the Hunan provincial Department of land and resources, Liu Qijun, you wait for five people to the Ministry Hang Rui high-speed linxiang city, reflecting the Government's land requisition compensation and no compensation in accordance with the relevant policies. According to the Hunan provincial people's Government Office in 2008 on notice calculation of highway land compensation standards, namely 85000 Yuan per mu of basic farmland, 54400 Yuan per mu of arable land, Wang urged the Executive. ”
But confident Liu Qijun do not wait for ideal results. Both Hunan provincial Department of land and natural resources and the Government of linxiang city, denied having received the above reply. In desperation, in November 2013, Liu Qijun's third visit to Beijing to petition.
"The Ministry of land and resources said, you have been appealing to neither, and suggest you to court. "December 12, 2013, Yueyang city intermediate people's Court accepted Liu Qijun, who the third amended indictment, on February 24 this year, Junshan District Court case of Yueyang city. The morning of May 22, in Junshan district people's Court trial of the case, was not adjudged.
Mayor: don't interfere in court
Mayor, "defendant", Mayor of Yueyang linxiang Gong Weiguo recently for the first time about the incident through media voice.
"I think that skipping appeal of administrative litigation in the past, collective complaint and appeal forms quite different objective reflection of 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, to advance the linxiang administrative organs strictly by law, in accordance with the law has practical significance. ”
Gong said he considered going to appear in court, but other working hours overlap, had to entrust an agent to appear in court.
"We have no interference to Junshan District Court. "Gong Weiguo said before the plaintiff, city and township government staff on many occasions to communicate with the plaintiff. They will work in the future, adhere to the "no competing with the people for profits" and strengthen communication and coordination, encourage and lead the public through legal means to protect their rights and interests.
"No matter how the outcome of the lawsuit, we will respect the Court's decision, if they win the lawsuit, while sticking to administration by law on the basis of, and further increase the intensity of policy advocacy guide, avoid the crowds once again mistaken misreading of policies and regulations if it loses, we must require implementation in accordance with applicable laws and regulations in place. "Gong Weiguo said.
Expert: litigation rights has a demonstration effect
"Showing up in that case was farmer's progress in safeguarding methods. "Huang Jie believes that this option has a very good example.
Huang Jie said the case could actually show how the demonstration effect, you also need to look at the whole litigation process will display images of court and legal images. Because through litigation to maintain the legitimate rights and interests, so that the Government is subject to judicial review of administrative action is itself a right way. But what will be the result, there is need to observe. Emphasized here to observe, not the result of the Court decision which side; but, when final judgment which side of the Court, to explain the legal basis and view. Thus, the defendant could see their rights in legal boundaries or power scale, and deepened understanding of the law and respected.
Analysis on Huang Jie, the plaintiff in this case select the litigation itself, is a form of civilization, is also a symbol of social progress. For the society and the State, is also a challenge and an opportunity to promote the rule of law. Fair justice if the people's Court, the facts in this case was identified, the legal truth fully explain, then, I believe that regardless of the Court decision where winning, its legal justification will be advocated and publicly declared people, is accepted by the public.
(Original title: Hunan farmer sued the Mayor municipal mayor responded: Welcome to the masses by means of legal rights)
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