Thanks, the soul iceberg between the master and apprentice ｜ 9:30 tonight

9 years ago, house demolition administrative appeal case

Take a 20 -year grudge of a pair of teachers and apprentices

At the hearing

Prosecutors solve their doubts through public interpretation

Promoting administrative disputes to be substantially resolved

The emotion of the teacher and apprentice who has been frozen for many years began to warm up slowly

... ...

Right or wrong

House demolition quotes dispute

On June 28 this year, the conference room on the second floor of Qiuhuli Community, Yi Ning Town, Xiushui County, Jiangxi Province successively ushered in the public hearing of the publicized appeal of Zhang. Since the beginning of this year, the Supreme People's Procuratorate has deployed a special event for repeated letters and visits governance. After discussion, the leaders of the Jiangxi Provincial Procuratorate decided to handle the case.

As a member of the case handling team, Zeng Liang, the deputy prosecutor of Xiushui County Procuratorate, has been seated to see the case materials. The scene of the case seems to be in front of him.

The appellant Zhang was originally an employee of a rice farm species in Xiushui County. In 1986, the employee's medical office in his contract site was engaged in medical service work, and his apprentice Han followed him to study medicine. In 1997, after Zhang was transferred to another hospital in Xiushui County, Han signed a contract contract with the original breeding field of rice, and the medical office was responsible for Han.

In 1999, the original breeding field of rice carried out system reforms. The reform plan involved the selling of public housing and other idle public housing including the house of Han in the medical room. According to the reform plan, employees have the right to purchase the current public housing, and they can also enjoy several preferential policies. Han was not a farm employee. In order to give priority to buying houses and obtaining discounts, he found Zhang to discuss it, and bought the medical room house in the name of Zhang's name. After that, Han paid a total of 6,000 yuan for the purchase of a house in the medical office in the name of Zhang Mou's name, of which the original rice seedlings could be purchased for 4,880 yuan. certain.

Ten years have passed, and the two teachers and apprentices have never objected due to house ownership. In April 2013, the local government decided to collect the house construction industrial park of rice farm species, including Han's medical office. After publicity, the Housing Existence and Compensation Office of Xiushui County signed a compensation agreement with Han.

Zhang learned that the incident was very dissatisfied. He believed that the medical office was purchased in his own name and should be owned by him. The government compensated objects were wrong. To this end, he went to the relevant departments to petition many times and asked to compensate him for losses.

In October 2015, Zhang filed an administrative lawsuit with the Jiujiang Intermediate Court, requesting confirmation that the administrative behavior of the demolition of Xiushui County Government was illegal. Zhang did not accept it and appealed, and was rejected by the Jiangxi Provincial High Court. He applied to the Supreme People's Court for retrial and was rejected again.

"In January 2021, Zhang came to our hospital to apply for legal supervision. After review, we believed that according to the relevant provisions of the" Administrative Litigation Supervision Rules of the People's Procuratorate ", the period for applying for supervision was six from six from the date of retrial ruling. During the month. His supervision application has exceeded the deadline, so it will not be accepted. "Li Lei, a prosecutor of the Procuratorate of Jiujiang City, told reporters that after notifying the results of Zhang's no acceptance, the local procuratorate repeatedly explained the rules made by the court to the court's ruling. The law is justified, but Zhang still visited the procuratorate many times.

True or false

Survey and verify the truth

The procuratorial organs have repeatedly explained the reasons. Is the interpretation that is not in place, or is there another hidden feeling?

The prosecutor handling the case consulted the court's decision and the interview of the year, and found that the differences were concentrated in the understanding of the timeliness of the lawsuit. Zhang believes that the dispute over house demolition management is due to the lawsuit filed by real estate. The period of prosecution should be 20 years. The government must inform itself when demolition. The decision did not issue Zhang Mou, and the case has not exceeded the time limit for the lawsuit.

Do Zhang know the demolition? Is the time limit for litigation 20 years? These two problems have become the key to solving disputes.

"The court does not give the case wrong, and you need to find out whether the petitioner already knows or should know the administrative behavior. If you already know, the two -year prosecution period should be applied instead of the 20 -year prosecution period." Director Zhang Shimei told reporters that generally speaking, the court applies for a 6 -month period, but in order to protect the right to complaints of administrative counterparts, the judicial interpretation supplement stipulates that the administrative organs have not informed the right to sue or the prosecution period. The court applies to this regulation. The 20 -year prosecution period mentioned by Zhang is the longest period stipulated in the administrative proceedings law. No matter when the administrative counterparts know or should know the specific administrative behavior, the case of self -government behavior is made. For more than 20 years, the court will not accept it. Specifically, if Zhang already knew the content of administrative acts during this period, then the prosecution period should be calculated from the date of knowing the administrative behavior, and the longest prosecution period for 20 years will not be applied.

The case handling team believes that Zhang has an error in understanding the law, and to explain the laws and provisions clearly, it is necessary to find out what Zhang Mou knows or should know the administrative behavior.

In order to restore the case as much as possible, Zeng Liang led the Xiushui County Procuratorate to handle the case, visiting the county's Natural Resources Administration, Agricultural and Rural Bureau and other units, and retrieved relevant materials more than 20 years ago. In addition, he also found an important clue: Zhang mentioned in the appealing materials and interviews that he was present during the demolition assessment in April 2013. Because he was named on the list the next day, he also called the police station. Isn't this evidence that Zhang has known the demolition? Zeng Liang led the case team to the relevant departments and local police stations to find the notice of levy publicity in that year, retrieved the house resettlement contract and Zhang reported to the public security organ that reflected the written materials involved in the recruitment of the house involved.

"In 2013, the government publicized the acquisition of the house involved in accordance with the law. During the publicity period, Zhang did not raise any objections to the government. After the demolition, Zhang reported to the public security organs and visited the county government. "Zeng Liang told reporters that Zhang knew the administrative act of compensation for the house collection in April 2013, but filed an administrative lawsuit with the court in October 2015. It has exceeded the two -year prosecution period stipulated in the law. Nothing.

However, during the investigation of the procuratorial organs, another hidden problem in the case also surfaced. Zhang proposed that although the house purchase funds involved in the case were from Han, this payment was the cost and rent of Han's one -time payment of Zhang Mou's business license, not Han used to buy the house involved. The house involved in the case was purchased in the name of Zhang, and the property rights should be owned by Zhang, and the government demolition compensation target should also be itself.

However, this problem is difficult to find out. Because the medical office was bought or rented 23 years ago, only the two masters and apprentices knew. The handling team learned that since Zhang came to the government's letters and visits for demolition, the masters and apprentices no longer contacted.

"After all, the money to buy a house was made by the apprentice. Due to the friendship of the former teacher and apprentice, Zhang did not want to have a positive conflict with the apprentice. Therefore, Zhang would deliberately go around Han, and he has been looking for the government for compensation for many years." Above, Li Lei said his opinion: Only by unbuttoning the death of the teacher -apprentices can the contradictions be further resolved.

Right or wrong

Publicly transparent to the truth

At 9 am on June 28, under the auspices of the Jiangxi Provincial Procuratorate, the public hearing of Zhang's administrative appeal was held. In addition to the petitioner Zhang, the case -oriented prosecutor, the hearing, and the relevant person in charge of the administrative organ, Han also came to the scene.

"Through the public hearing, we explained to the complaint on the one hand and promoted the substantial resolution of administrative disputes; on the other hand, we contacted Han in advance, and worked emotionally. The heart knot is opened and the friendship of the teacher is restored. "Zhang Shimei introduced.

At the hearing, the prosecutors showed the investigation and verification of the investigation and verification of the prosecutor on whether the administrative lawsuit exceeded the time limit of the lawsuit. It stipulates that Zhang's demand is responded at multiple levels.

When expressing his opinions, Zhang said his dissatisfaction in his heart: "I teach you a skill, but after the demolition, you never care about me. ?"

The many years of alienation has deepened the misunderstanding of the two. Suddenly, Han, who had been silent, stood up: "Master, I'm sorry. Thank you!" He heard this thanks, Zhang Mou's eyes were a little moist.

For so many years of petitions, many people have been complained and cold -eyed, and Zhang Mou has a sense of intersection. At the hearing, the heads of the government and the procuratorate, the representatives of the People's Congress, the members of the CPPCC, and the colleagues who listened ... There were never so many people listening to his reasons seriously, the prosecutors were patient and intentionally interpreted, and the apprenticeship of the apprentice Due to the suspicion, all this made him warm and lit.

Zhang said on the spot that he had a complaint, and the administrative dispute that lasted nearly 10 years was finally resolved.

"The procuratorate conducted a detailed investigation at the place of the crime, retrieved solid evidence materials, and explained one by one to the appellant's issues." Rao Xiaqun, a lawyer Rao Xiaqun, a lawyer of Jiangxi Assembly Law Firm who served as the hearing, told reporters that reporters told reporters. Essence另一名听证员、江西法启律师事务所律师丁顺达也表示，听证会主持人既体恤申诉人多年的奔波辛苦，也将心比心地分析信访的结果，让申诉人充分陈述，有关单位及时回应，充分Respecting the appellee, this is the key to the success of the hearing. (Procuratorate Yan Jingjing Gu Fangqing)

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