The bright aisle is back

"It is very good to remove this." Now, every day in the community in the community, Wang Guang (pseudonym), a resident of Zhuyu Town, Yongchuan District, Chongqing, no longer feels "plug". Five years ago, Wang Guang and residents in the same community appealed to the court for the "occupation of the road" in the community's illegal buildings. They were elected as the representative of the lawsuit by chance.

The story is due to a "blocking" illegal building at the gate of the community for more than ten years. The reporter learned that the entrance and exit of the community are behind a commercial and residential dual -purpose building. The first floor of the building is the facade, the second floor is a hotel, and the third floor is a resident. Behind the building was originally an aisle of residents in the community, but in April 2004, the developer Li Yun (a pseudonym) stamped a floor on the aisle without permission. Because the building is integrated with the hotel, and the door of the first floor is piled up in the back, the aisle has been blocked. From then on, the residents must go in and out of a large circle.

"The land of the aisle was originally the public area and green land of the owner of the community. Oil fume and huge noise are uncomfortable.

Because of the great opinions of the residents, the town has organized mediation many times, and the results have been very small. This is ten years.

In November 2014, the building was identified as an illegal building by the Yongchuan District Planning Bureau and ordered Li Yun to demolish itself within a time limit, but it had not been demolished or administrative reconsideration and administrative lawsuits. In February 2015, the Yongchuan District Government issued the "Announcement of Mandatory Delimination of illegal Buildings" to order Li Yun to demolish himself within 7 days from the date of the announcement.

After removing some illegal buildings, Li Yun took out an appraisal report issued by a construction project quality testing company. The report shows that the building and the hotel operated by Li Yun are built as a whole as a whole, which is a whole in structure. If it is removed, it will cause the overall stability and stiffness of the entire building to change, so that certain components will not meet the requirements of the building bearing capacity. In terms of architectural structure, the illegal buildings are connected to the second -floor hotel and a castle (block wall) on the second floor. Behind the castle is another residential building. The report states that the wall gear plays a supporting role in the buildings on both sides, and demolition will also bring hidden safety hazards.

As soon as this appraisal report came out, forced demolition was put on hold.

In June 2017, some residents of the community filed an administrative lawsuit with the local courts, claiming that the administrative organs performed legal duties and immediately forced demolition of illegal buildings.

After hearing, the court believed that the test report was made by units with corresponding qualifications. Although the plaintiff had objections, it did not provide evidence to deny its conclusion. The local government did not continue to demolish the retention structure of the illegal building due to safety reasons. The reasons for litigation cannot be established. The verdict also clearly requires that if it is indeed impossible to ensure the demolition structure of illegal buildings, the local government shall promptly end the implementation, and the planning department shall investigate separately.

The residents' representatives of the community were dissatisfied and appealed, and the original judgment was maintained in the second instance. The subsequent retrial application was also rejected.

"The" Fort Kan "mentioned in the appraisal report has been for decades. I have not seen signs of collapse, nor do they need support and reinforcement ... Will the problem be on the report?" After three lawsuits, it repeatedly "hit the wall", king After discussion, residents such as Guang and other communities turned to the Chongqing Housing and Urban -Rural Development Commission to believe the situation.

Mountain darkly, vista. In January 2019, after verification of the Chongqing Municipal Housing and Construction Commission, the report had issues such as irregular procedures and lack of support for appraisal opinions, and immediately urged the testing unit to re -identify. In August of the same year, the "reversal" appeared in the re -appraisal -negating the whole report that "the structure involved in the case and the main building structure of the main building constituted the whole, it has a supporting and protective effect on the stone wallburgus", and "to ensure the stiffness of the building's stiffness of the building. And the overall stability, the opinions of the original building structure should not be changed at will. "

In July 2019, the representatives of residents such as Wang Guang and other communities appealed to the Chongqing Procuratorate based on this, asking for supervision of the original effective judgment.

"This is a case of interwoven cases caused by the changes in the identification conclusions." After comprehensively reviewing the materials of the files and fully listening to the opinions of each party, Liu Zhonghua, the prosecutor of the six prosecutors of the Chongqing Procuratorate, believes that the key in the original trial judgments The evidence has "failed", and Wang Guang and others apply for supervision.

However, a question that cannot be around is in front of it: Is it "one resistance" or doing the work of the local government and the parties and carried out the substantial resolution of administrative disputes?

"The sooner the illegal building was demolished, the better, the protest time was long, the litigation was serious, and more than 30 residents could not afford it." After the study, the hospital decided to use the advantages Establish a case handling team to jointly carry out administrative dispute resolution. In the meantime, the case handling team has repeatedly surveyed the demolition site of illegal buildings and visited the community. It promoted the establishment of the unpacking violations and contradiction resolution work leaders led by the Political and Legal Committee of the Yongchuan District Party Committee.

"Li Yun has lifted the lease relationship with the merchants in illegal buildings and is formulating the implementation plan for the demolition ..." "Now only the framework is not dismantled. Once this one is dismantled, it may really affect the safety of the hotel's subject. Work? "In June 2020, seeing most illegal construction has been demolished, and things are" stuck "on the eyes of the bones. "Do you continue to dismantle? What do you want to disassemble?" In December 2020, a hearing will be held in Zhuyu Town, Yongchuan District. turn up. At the meeting, after the interpretation of the case of the case, the parties to the meeting repeatedly negotiated and reached a consensus at the hearing -without affecting the safety, the illegal buildings should be "dismantled".

After the hearing, the case handling team urged the town government to implement the demolition plan, and the construction team carried out the dismantling work in an orderly manner. A bright aisle not only returned, but also the walls of the road were brushed new, and street lights and fitness equipment were installed. Recently, the case involved in illegal buildings was basically demolished and rectified. In the future, the local town government will also plant green plants on both sides of the new road to improve the living environment of residents in the community.

(Source: Prosecutor's Daily Author: Manning Zhang Dianbin Li Yu)

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