More than 7,000 square meters of agricultural land resumed the original state

The administrative penalty decision has been made for more than two years, and the court also ruled that it was enforced, but illegal buildings were still unable to demolish. The court ruled that the administrative organ that made the penalty decision did not provide relevant assistance. After intervening in the Pukou District Procuratorate of Nanjing City, Jiangsu Province, the implementation difficulties were combined with all parties through a round table meeting. They jointly resolved the administrative supervision of illegal land for illegal land for facilities and agricultural land for non -agricultural construction.

Illegal land triggered administrative penalties and non -complaint disputes

In July 2018, the relevant functional departments found in the inspection of the jurisdiction that a wall, rockery, cement roads, and houses with an area of ​​more than 7,000 square meters were built on an agricultural land with an area of ​​more than 7,000 square meters. After investigating and inspecting the land use planning and other information by the functional department, the land buildings on the ground were determined that all of the buildings on the ground were illegal buildings. Buildings and other equipment that do not meet the planning to restore the original state of the land.

After the administrative penalty decision was made, Du Mou had neither applied for administrative reconsideration within the statutory period nor did he filed an administrative lawsuit. After the relevant functional departments performed the urging procedure, they applied to the court for enforcement in March 2019.

In July 2019, the court issued an announcement that ordered Du to demolish illegal buildings within a time limit. "There are still a few farms that are similar to my situation. If you want to dismantle it, you will be dismantled according to the unified scale." Du Mou was unwilling to demolish it himself, indicating that the specific range of demolition was unclear, and he did not know to what extent was qualified.

Since they are unwilling to demolish it by themselves, it can only be enforced by the court. In November 2019, the court issued a notice to the relevant functional departments, asking the department to "provides the crusher, excavator, transportation vehicles and other related machinery and equipment and related machinery and vehicles during the implementation of the notice. The corresponding construction personnel and the disposal of the disposal of the generated construction waste, and pay the corresponding performance expenditure costs on their behalf, and the overdue is deemed to be withdrawing the application for execution. "

The relevant functional departments were helpless after receiving the notice, and believed that the assistance required by the court was unreasonable, so it did not provide relevant assistance. In December 2019, the court believed that the relevant functional departments failed to provide necessary assistance and cooperation on the corresponding auxiliary affairs in the case execution procedure during the specified period. It was deemed to have the application for the execution of this case and ruled the execution.

Execution supervision finds the breakthrough of the dispute to resolve the dispute

In December 2019, the Pukou District Procuratorate found the clue during the special event of administrative non -lawsuit execution supervision. After investigation, the court ruled that the implementation procedure lacked a legal basis, so it started the supervision process in accordance with its powers.

"After reviewing, we found that if it is only for the supervision of the court's enforcement procedures, even if the court resumes the implementation, there is no cooperation with the relevant unit, and it still cannot completely rectify the problem of illegal land use." In the case, they read the case of the case of the case, and learned from the relevant functional departments to the implementation of the administrative penalty decision, and went to the site of illegal land to conduct field inspections. They also learned that when the court enforced cases involving illegal land use, there were difficulties in the lack of personnel, lack of professional equipment, and unsuccessful cooperation of the local streets. The court hoped that in the execution It means that he does not have the right to enforce, and it is not suitable for assistance to cooperate with the court's execution.

In response to the above situations, the prosecutor handling the case has repeatedly organized consultation to find the best solution to completely resolve disputes. In the communication again and again, the court and the relevant functional departments conducted in -depth exchanges on their own difficulties, and gradually realized that they could not solve the problem only through non -complaint execution. Breakthrough.

The round table meeting cooperates to solve the execution problem

After obtaining the understanding and support of the court and related functional departments, the prosecutor handling the case in time facing the subordinate streets in a timely manner, organizing a roundtable meeting many times to fully listen to the opinions of all parties, and finally formed the daily inspections and supervision of Du's family farm from the subordinate streets to strengthen the Du family farm. , Du's family farm changes the use of facilities and land use, expand the scale of agricultural land for facilities without authorization, illegally engage in non -agricultural construction and other non -agricultural operations in violation of laws and regulations. The organs and the agricultural and rural bureaus shall be dealt with by the two units in accordance with relevant laws and regulations.

The court decided to restore the non -complaints on Du's family farm and coordinated the assistance of units such as the streets. The procuratorial organs track the implementation throughout the process, urge and assist relevant units to carry out work, substantially resolve administrative disputes in an effective and secure way, and thoroughly promote the rectification of illegal land use.

Earlier this year, all illegal buildings on Du's family farm have been demolished, and more than 7,000 square meters of agricultural land illegally occupied were restored.

(Source: Prosecutor's Daily Author: 雒 雒 昱 Li Yulin Lei Tingting)

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