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2011 年 1 5 February, Jiangsu Provincial Department of couples to Shiu Wing issued a new comments of the act, has not been legally approved for the specific administrative act immature, are not subject to administrative review of the scope of the case.



our Land and Resources Bureau, Wuxi City, the applicant, Jiangsu Provincial Department to apply for administrative reconsideration, in full compliance with the law. Office of Land and Resources announced land compensation and resettlement should be involved in specific acts of administrative review, but did not fulfill their duties, are not as.
Shiu Wing new couple that involved land acquisition, of Jiangsu Provincial People's Government No. 370, based on Land and Resources Bureau after Huishan Wuxi City Branch of the land requisition compensation and resettlement program through the city and county government approval, land acquisition decision is made a specific administrative act, land rights and compensation for the amount of compensation dispute is administrative dispute, an administrative compensation areas. Shiu Wing New said that the conduct of land rights and human rights have a direct impact on the inevitable, is the specific administrative act.

Chou Haijun Jiang Su Shengdian law firm, said the villagers likely to report the wrong object.


villagers reported the wrong object?







Court administrative tribunal, Wuxi, Jiangsu peasants couple of Shiu Wing new Deputy Minister of Land and Resources Stiffly Accurate sat, original dock. The cause of the lawsuit is filed couple of Shiu Wing new land notice for rescission of administrative review denied, this did not as the Office of Land and Resources.
Shiu Wing, said the new couple, Yang Town is the origin of Yangshan peach, peach is the famous production base of China. Meike peach growth cycle of 5 years to Meike results of 300 peach trees, an average of half a catty each calculation, the yield per tree is about 150 kg per year, an acre of land 40 peach trees, yield is 6000 kg . Pound according to the standard 10 yuan per mu income of up to 6 million yuan.
- Wuxi peasants Shiu Wing New

According to Jiangsu Provincial Department of understanding, involving removal of Taoyuan, Shiu Wing with the new with the villagers, a total of 33 more than 100 people, of which, 32 households have been compensated in accordance with standards prescribed by local governments to collect the compensation, currently only the new one does not receive Shiu Wing, have been unified to the village to fight a specific account at any time of Shiu Wing to receive the new. For this argument, Shiu Wing said the new
2010 年 5 months, Yangshan Town, Wuxi Huishan organize relevant personnel, hundreds of acres of peach orchards will be removed and the land as a geological museum, the local villagers, the new couple's 8 acres of Shiu Wing is also one of Taoyuan . After couple of Shiu Wing to the new land and resources in Wuxi City, inquiries and learned that as early as November 26, 2009, Wuxi City Land Resources Bureau Huishan branch to make a No. 092,027, hereinafter referred to as


focus of a lawsuit


administrative charge of responding to what is the point person to appear? Deputy Court Supreme People's Court of Nantong Yangtze River will be a new site in advance at the meeting, said: , the rule of law is important. the balance of the law, the public and the government have equal legal status, it marks our government is to respect the legitimate interests of the people. If the respondent an administrative officer, he did not dare face up in court relative of his, at least he was not confident that there is no sense of respect for the rights of the people, so it is the rule of law weathervane. Nanjing Intermediate People's Court held a public hearing with the Plaintiff also apply for administrative reconsideration is not accepted, Wu Zhenjiang, Jiangsu's first chief executive to appear responding to the department level.

the focus of two controversies into court

Chouhai Jun said, according to the relevant legal provisions, the general public from the land and resources before the announcement of a land compensation for comments and comments will be clearly stipulated deadline and modalities. The announcement by city and county approval before formal implementation. The formal implementation of the program,Chaussures Louboutin, the law does not provide notice of the program again, but under this program are generally issued to the villages involved in land acquisition by the village, took the message to the villagers. If the villagers think that the compensation is too low, can be carried out to reflect the local government attempted unsuccessfully to negotiate land acquisition can be approved by government departments to apply for administrative adjudication.
of the administrative organ in the forefront. Past three years, courts in the province a total of 4871 administrative cases are responding to the administrative organ responsible for the person to appear. Last year, Nantong, Yangzhou, Yancheng and Suqian 9 provincial cities such as the executive head of the respondent court of first instance more than 50%, 96.1% of them in Nantong; nearly half of the counties (cities, districts) more than 80%, MSC County to maintain 100% for 5 consecutive years.

Shiu Wing of Jiangsu Provincial Department of the new couple that the plaintiff's application for administrative reconsideration.

view

accordance with legal procedures, the Office of Land and Resources in strict accordance with our statutory procedures, no right to accept a specific administrative act immature, therefore, hoped that the Court can dismissed the plaintiff's claim.





3 o'clock yesterday afternoon, a dozen villagers came from Wuxi to Nanjing, they early on into the administrative tribunal, looking forward to discussion to a say. The dock, two men have also been seated.
that they do not, as the farmers told the official
2010 年 10 15, new wife of Shiu Wing Wuxi City Land Resources Bureau to apply for land compensation plan of the land involved, after November 25, Huishan a branch to the early November 26, 2009 has issued a
neighboring village to village, Nanjing favor of the plaintiff


attention so the case is high, Nanjing Intermediate People's Court sent experienced as a collegiate bench of judges Zhao Xueyan the presiding judge. Full Court after investigation, summarized the focus of two controversies, and guide both the original defendant, to start the debate.

this, the Jiangsu Provincial Department denied it. They said, January 4, 2011, Land and Resources Office received a couple of Shiu Wing's new application for administrative reconsideration, after examination that the application does not comply with the law, informed by their case does not belong to the scope of administrative reconsideration, and on January 5 Day made a The actions are consistent with the provisions of Article 17 of the Administrative Review Law, is made in accordance with the law.


Shiu Wing new view, Huishan branch in Wuxi City Land Resources Bureau under the branch, its behavior should be by the Wuxi City Land Resources Bureau, so they in Wuxi City Land Resources Bureau to the applicant to apply for administrative reconsideration of Jiangsu Provincial Department, in full compliance with the law. Land and Resources Department should notice the specific acts related to administrative review, but did not fulfill their duties, are Made for the Office of Land and Resources inform the letter, the new wife of Shiu Wing that illegal.
- Provincial Deputy Minister of National Land Agency Stiffly Accurate


It is reported that in the Jiangsu province of administrative cases, the deputy director of the respondent to appear in court in person, or relatively rare. is the most critical. For the villagers with legal rights, sued the Ministry of Land and doors on, he said that respect and welcome. investigation into the law courts, are lawyers speak. But he did not idle,gucci sito ufficiale, took notes while listening, and now with lawyers whisper. The final statement in the trial stage, Stiffly Accurate personally made statements:
Land and Resources Department denied the claim. They said that Branch made Huishan upon the approval of the people's government was organized and implemented, therefore, the notice does not relative impact of specific rights and obligations, does not belong to the scope of administrative reconsideration by the case.


Province National Land Agency, deputy director of the respondent to appear
two people sitting in the dock, one Deputy Minister of Land and Resources Stiffly Accurate, one is the legal agent of the Office, Beijing Dacheng Law Firm lawyer Li Chen of Nanjing Branch.
court officials responding
2009, Wuxi City,Louboutin Pas Cher, for construction of the Yangshan Town Huishan volcanic geology museum, after preliminary investigation and approval, the program adopted by the authorities. October 2009, Wuxi Branch of Land and Resources Bureau Huishan made a

trial observers who participated in the legal profession, also said this case the claims of the villagers and the corresponding fact and reason, is not very clear, good way to apply for administrative adjudication.

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