The land dispute over 30 years is endless

"I have seen the efforts of the prosecutor this year, and I am very moved. I agree with the withdrawal of supervision." Recently, Zhao Peng, an applicant of administrative litigation supervision cases through the procuratorial organs of Mudanjiang City, Heilongjiang Province. Pseudo -pseudonym) actively signed the withdrawal of the application for supervision. At this point, this resolution and visits that lasted more than 30 years have been substantially resolved.

Educated youth farm revoked

Village collective land belong to argument

In 1974, in response to the call to the countryside, a village in Mudanjiang allocated 600 acres of land to the city's educated youth site to be a farm (Zhao Peng was the deputy secretary of the village branch and captain of the production team). In 1989, the educated youth farm was revoked, and the Justice Bureau contracted the 600 acres of land to a livestock base. On February 28, 2002, the Mudanjiang Land and Resources Bureau issued an announcement on the recovery of farm land, and the 600 acres of land in the village was collected by state -owned.

"This land is obviously from the village, and it should be returned to the village. , Request to cancel the decision. On March 19, 2003, the Yangming District Court made a judgment that maintained the administrative decision made by the Municipal Land and Resources Bureau on the state -owned state -owned administrative decisions. A village refused to accept the judgment and appealed.

On May 8, 2003, the Mudanjiang Intermediate Court rejected a village appeal and maintained the original judgment. A village was not convinced and applied to the Mudanjiang Intermediate Court for retrial. On May 21, 2004, the Mudanjiang Intermediate Court ruled to reject the re -review of a village, and a village immediately submitted a retrial application to the Heilongjiang Higher Court.

On October 14, 2005, the Higher Court of Heilongjiang Province made a ruling to instruct the Mudanjiang Intermediate Court to re -audit the case. On December 2, 2005, the Mudanjiang Intermediate Court revoked the previous judgment and sent it back to the Yangming District Court for retrial. On May 30, 2006, the Yangming District Court made a judgment to revoke the decision made by the Mudanjiang Land and Resources Bureau on February 28, 2002, and ordered the bureau to re -make specific administrative actions. After the Mudanjiang City Land and Resources Bureau appealed to the Mudanjiang Intermediate Court, the Mudanjiang Intermediate Court made the original judgment on September 26, 2006. On March 28, 2007, the Mudanjiang Intermediate Court issued judicial suggestions to the Municipal Land and Resources Bureau, and suggested that it made specific administrative acts in accordance with the judgment, but the Land and Resources Bureau has not fulfilled the court judgment.

The incident is not determined

The villagers apply to the procuratorate to supervise

On August 11, 2017, the Mudanjiang Land Reserve Center (a second -level unit under the Mudanjiang City Land and Resources Bureau) signed a custody agreement with the Yangming District Government to allocate the original village to the 600 acres of land on the educated youth farm to Yangming District, Yangming District Government managed.

"That's the land of our village. Why did it be handed over to the district government?" In February 2019, Zhao Peng filed a lawsuit with the Mudanjiang Intermediate Court as a natural person, asking for the revocation of the custody agreement. On June 24 of the same year, because Zhao Peng did not provide a document to authorize a village committee to authorize his agency lawsuit when Zhao Peng sued, the Mudanjiang Intermediate Court made a ruling: the hosting agreement was internal administrative acts. Zhao Peng's lawsuit as a natural person does not meet the qualifications of the plaintiff. Zhao Peng refused to accept the ruling and appealed to the High Court of Heilongjiang Province. After the Heilongjiang Higher Court rejected his claim, Zhao Peng applied to the Supreme People's Court for retrial. On May 8, 2020, the Supreme Law rejected its retrial application.

On November 30, 2020, Zhao Peng, who was over seventy years old, risked in the snow and took the last hospice to apply for supervision at the Heilongjiang Provincial Procuratorate.

The Heilongjiang Provincial Procuratorate immediately conducted an in -depth review of the case and found that Zhao Peng's lawsuit did not meet the qualifications of the plaintiff as a natural person. The court's ruling was not improper. There was no legal supervision in the case.

"The court's ruling is correct. According to the law, we cannot support your supervision application. You can ask me if you have any doubts." The prosecutor handling the case patiently communicated with Zhao Peng.

"This land is obviously in the village. In the past years, the lawsuit has been hit from the district court to the Supreme Law. Is this so no one in this case? I have to say today." Zhao Peng's attitude is still resolute. In the conversation with Zhao Peng, the prosecutor handling the case learned that Zhao Peng has not been resolved to petitions because of the administrative disputes of the original case over the years. Essence In order to completely solve Zhao Peng's heart knot and substantially resolve the administrative disputes of the case, the prosecutor handling the case decided to conduct a further investigation into the case.

Investigation and verification of foundation

Three -level procuratorate jointly resolved administrative disputes

In January 2021, in order to completely resolve the administrative dispute between the case, the prosecutor of the Heilongjiang Provincial Procuratorate came to Mudanjiang City, where the case was disputed.

"I hope that Mudanjiang City and District Procuratorate can give full play to the advantages of being close to the masses and familiarity with the situation, and work together with us. Let's go all out to handle the case to help the parties resolve administrative disputes." Prosecutors handled the case according to the Heilongjiang Provincial Procuratorate. The provincial administrative and procuratorial departments issued by the province jointly handled the work methods of the substantive resolution of administrative disputes. They established a joint project with Mudanjiang and District Procuratorate to conduct investigations and verification work from multiple channels.

"From the perspective of the case itself, the judgment made by the court is not improper, and the problem should be in the administrative organ." The task force first went to the court to retrieve all the files for review, eliminating the original judgment. The local governments, the Natural Resources Bureau, the Forest and Cao Bureau, the Village Committee and other places investigate and verify the situation. After investigation, the project team found that in September 2006, after the Mudanjiang Intermediate Court issued an effective judgment, the Mudanjiang Land and Resources Bureau should have fulfilled the judgment and re -made specific administrative actions. The court ruled that there was no re -measurement and confirmation of disputed land.

"The court has already made a judgment and has also issued judicial suggestions. Why do you not fulfill it?" After identifying the facts, the task force came to Mudanjiang Natural Resources Bureau (Mudanjiang City Land and Resources Bureau was placed at the Bureau in 2018) to inquire the reason for the reason for the reason for the reason for the reason for the reason Urges the bureau to perform their duties in accordance with the law, perform the court's effective judgment as soon as possible, and resolve disputes.

"We also want to fulfill the court's judgment and have been trying to try to solve the problem, but this matter has been a long time, and it involves multiple government agencies and units. The case is too complicated and the progress is slow." The reasons that have been unable to perform the verdict.

Due to the long time of the incident, it later experienced various situations such as institutional reform, functional adjustment, and personnel replacement. Many facts and evidence have been unable to verify, which has caused the court's effective judgment to be fulfilled. The task force took a few months and traveled between relevant administrative departments many times to help the Natural Resources Bureau coordinating various units and trying to solve the problem, but in the end, they ended in failure, and the case was in a deadlock.

"It hasn't been progressing for such a long time. Can this case be resolved?!" In more than 30 years, Zhao Peng went to the local government, relevant administrative departments, courts at all levels and procuratorates, but he was not able to get it. To answer exactly, patience is almost exhausted, and his mood becomes impatient.

"Uncle, don't worry first. We are doing our best. We must tell you as soon as possible." In the face of this situation, on the one hand, the task force pays attention to Zhao Peng's ideological situation to prevent further intensification of contradictions, timely Through face -to -face communication, listening to Zhao Peng's demand patiently, stabilizing Zhao Peng's emotions, and gaining the trust of Zhao Peng; on the other hand, it requires Mudanjiang and district procuratorates to fully urge relevant administrative agencies to earnestly perform their duties and be the substantialness of administrative disputes. Solution provides guarantee. In the next process of handling the case, the task force may invite Zhao Peng to participate directly, or call the case in time to inform him of the progress of the case, fully protect Zhao Peng's right to know and participate, and enhance his recognition and trust in procuratorial organs.

Explore the breakthrough

Promoting administrative organs to perform the court's decision

"Although the case is deadlocked now and is difficult, the substantive resolution of administrative disputes is an important function of our procuratorial organs. We must meet the difficulties and cannot give up. It is difficult to solve the problem directly. The members of the task force decided to study countermeasures from various aspects, and give play to the advantages of coordination and coordination of the provincial procuratorate, consult relevant policies with multiple administrative agencies, find similar cases, and find practical solutions.

In July 2021, the prosecutor handling the case of the Heilongjiang Provincial Procuratorate came to Mudanjiang again to visit the district government, the Natural Resources Bureau, the Lincao Bureau, the Village Committee, etc. to actively explore the solution.

On August 25, 2021, under the coordination of the Heilongjiang Provincial Procuratorate, the prosecutor handling the case and the Mudanjiang Natural Resources Bureau held a communication and coordination meeting on the dispute between the case to discuss the solution. In the end, Mudanjiang City Natural Resources Bureau stated that although the Land and Resources Bureau had repeatedly reformed and changed the personnel, it should be implemented in 2006 Mudanjiang Intermediate Court. The Land Certificate is issued by the Natural Resources Bureau.

"The Natural Resources Bureau fulfills the judgment in this way. Do you think it is okay? Are there any other questions that do not understand?" The prosecutor handling the case inform Zhao Peng the results of the case handling and made detailed interpretation of the legal issues. In the end, Zhao Peng agreed to resolve disputes in this way, expressed his understanding of the reason for the procuratorial organs that did not support the application for supervision, and thanked the procuratorial organs for their efforts.

On October 28, 2021, Zhao Peng voluntarily signed an application for withdrawal supervision. At this point, the petition that took more than thirty years has finally ended.

■ Prosecutor said

Open multi -party participation channels to build contradiction resolution platforms

Cao Yunjuan, Mudanjiang Procuratorate, Heilongjiang Province

In this case, in the case of the original trial, why did the parties continue to appeal to appeal? The root cause is that the administrative organs have not fulfilled the court's decision, which caused the procedures for administrative lawsuits to be vacant. In this case, if the procuratorial organs simply talk about the case and handle the case, they will fall into the situation of "handling a case, a contradiction, a constant letter and visit".

In the process of handling the case, the procuratorial organs strictly implemented the "penetrating" supervision concept, "penetrated" the trial activities of the supervision of the court to the administrative behavior made by the supervision administrative organs, giving full play to the initiative of procuratorial supervision, and improving the procuratorial organs. The effectiveness of participating in social governance and maintaining social stability has effectively prevented the occurrence of "the case is not over".

When resolving the issue of administrative disputes, adhere to the provincial, municipal, and district procuratorate linkage, give full play to the advantages of the integrated case handling mechanism, actively coordinate multi -party resources, open up multi -party participation channels, build a platform for contradiction resolution, promote the resolution of administrative disputes from the source.Multiple resolution.It can be said that the case has achieved unified legal effects and social effects, and provides valuable experience that can be learned from the substantive resolution of administrative disputes in the procuratorial organs.

(Source: Procuratorial Daily Author: Han Bing Wei Chunqi Cao Yunjuan)

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