Sanya War: Application for Administrative Review of the Supplementary Plan II for Expropriation, Compensation and Resettlement of the Sunshine Coast

Lawyer Chen Taizhen has his own indescribable rationality and argumentation in litigation involving the public. Administrative actions, from the day they are made and achieve administrative effects, should comply with people's expectations for the legality, morality, normativeness and rationality of the administrative actions themselves. However, facts are often limited by people's knowledge, abilities, and even certain interests and mechanisms, and inevitably contain conflicts and differences. The public has the responsibility to express their personal views, opinions and suggestions on this matter.

Any person who is expropriated within the scope of the Sunshine Coast expropriation has the legal qualifications to submit the following administrative reconsideration of the "Supplementary Plan for Compensation and Resettlement for Renovation and Expropriation of Shantytowns in the "Sunshine Coast" Area of ??Sanya Bay (2)". If you wish to participate in the reconsideration application as one of the applicants, you can contact lawyer Chen Taizhen directly at 13054462973 (phone or text message). Participation period: September 3-September 10, 2018.

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Application for Administrative Reconsideration

Applicant: Lin Changfeng, male, Han nationality, born on April 17, 1962, lives in Room 204, South Staff Building, Sanya Hotel, behind Baosheng Plaza, Jiefang Road, Tianya District, Sanya City.

Respondent: Tianya District People's Government, Sanya City, domicile: No. 319, Fenghuang Road, Tianya District, Sanya City. Legal representative: Jiang Xiongbiao, District Chief.

Request for reconsideration:

1. The ruling of the Tianya District People’s Government of Sanya City on May 10, 2017 [2017] No. 120 “Sanya City Tianya District People’s Government on “Sunshine Coast” After the "Decision on Housing Expropriation for the Area's Shantytown Renovation Project", the administrative act of issuing the "Supplementary Plan for Expropriation, Compensation and Resettlement for Shantytown Renovation and Reconstruction in the Sanya Bay "Sunshine Coast" Area (II)" on August 1, 2018 without soliciting public opinions is illegal.

2. Ruling on the administrative act regulations of Sanya City on August 1, 2018, when the Tianya District People’s Government issued the “Supplementary Plan for Renovation, Expropriation, Compensation and Resettlement of Shantytowns in Sanya Bay “Sunshine Coast” Area (2)” The second phase of the shantytown renovation project in the Sunshine Coast area is scheduled to be officially launched on August 1, 2018, that is, August 1, 2018 will be the base date for house expropriation assessment in the area involved.

3. The People's Government of Tianya District, Sanya City issued the "Supplementary Plan for Expropriation, Compensation and Resettlement for Shantytown Renovation and Expropriation in Sanya Bay "Sunshine Coast" Area (2)", which stipulates that the expropriated persons shall be responsible for the resettlement area of ??the city's food factory and the city's former armed forces. If the resettlement houses are selected in the resettlement areas of the Ministry of Housing and Urban-Rural Resettlement Area, the East Bank Resettlement Area, the Haipo Resettlement Area Phase II, the Xigua Village and Mango Village Resettlement Areas, and the Jinjiling Four Group Resettlement Areas, it is confirmed that the property rights of the resettlement houses belong to the expropriated persons.

Facts and reasons:

1. The Tianya District People’s Government has made a supplementary plan (2) for the reconstruction, expropriation, compensation and resettlement of shantytowns in the “Sunshine Coast” area of ??Sanya Bay (Tianfu [2018] No. 266 )'s administrative actions seriously violated the legal procedures for administrative collection.

Article 10 of the "Regulations on Expropriation and Compensation of Houses on State-Owned Land" stipulates: The house expropriation department shall formulate an expropriation and compensation plan and submit it to the municipal and county-level people's governments. People's governments at the municipal and county levels shall organize relevant departments to conduct demonstrations on expropriation and compensation plans and publish them to solicit public opinions. The period for soliciting opinions shall not be less than 30 days.

Obviously, the Supplementary Plan for Expropriation, Compensation and Resettlement (II) is very different from the "Expropriation, Compensation and Resettlement Plan for Shantytown Renovation in Sanya Bay "Sunshine Coast" Area" (Tianfu [2017] No. 117). It is unknown whether it is based on the [2017] No. 120 "Decision of the Tianya District People's Government of Sanya City on House Expropriation for the Shantytown Renovation Project in the "Sunshine Coast" Area" issued by the Tianya District People's Government of Sanya City on May 10, 2017. .

1. The supplementary plan (2) for expropriation, compensation and resettlement was formulated without public opinions on expropriation. It has a direct impact on the protection of the rights and interests of the counterparty to the expropriation. In order to absorb different opinions and obtain fair discussion, legal procedures stipulate that the period for soliciting opinions shall not be less than 30 days. It was decided directly by the government meeting and lacked legal procedures for soliciting opinions.

2. The formulation of the Supplementary Plan for Expropriation, Compensation and Resettlement (II) has added new content, and made significant changes to the relocation reward part of the previous "Supplementary Plan for Expropriation, Compensation and Resettlement for Renovation of Shanty Towns in Sanya Bay "Sunshine Coast" Area" Therefore, the supplementary plan (2), as an important part of the expropriation compensation plan, should protect the public’s right to participate and know.

3. The formulation of the Supplementary Plan for Expropriation, Compensation and Resettlement (II) sets up new administrative obligations for the expropriation counterparty. This new administrative obligation will inevitably have an impact on the rights of the expropriation counterparty. The collector’s statutory right to relief.

It stipulates that "The second phase of the shanty town reconstruction project in the Sunshine Coast area of ??Sanya City is scheduled to be officially launched on August 1, 2018." Its essential meaning is that the houses in the area involved will be expropriated from the established date.

It stipulates that "the specific scope of the second phase project is: the Sanya Bay Sunshine Coast area project area except the area from the Port Authority to Guangming Road (the area from the north of Jiangang Road to the south of Guangming Road) and the north of Shengli Road "area", but no corresponding red line map of the area is attached, resulting in vague objects and scope of taxation and lack of certainty.

It stipulates that "resettlement housing construction locations" include: City Food Factory Resettlement Area, City Former Armed Forces Department Resettlement Area, East Bank Resettlement Area, Haipo Resettlement Area Phase II, Xigua Village and Mango Village Resettlement Area Phase II, Jinjiling Group 4 Resettlement Area. Among them, three resettlement areas are the East Bank Resettlement Area, Haipo Resettlement Area Phase II, and Xigua Village and Mango Village Resettlement Area Phase II. It did not clarify the definition of the above-mentioned resettlement. Is it a temporary transitional residence or is the property right of the house determined to be in the name of the expropriation party?

All of the above are specifically related to the expropriation of the rights of the counterparty and have a critical impact on their corresponding decisions and choices. Therefore, the expropriation counterparty is entitled to statutory remedies. Article 13 of the Regulations on House Expropriation and Compensation on State-Owned Land: Municipal and county-level people's governments shall make a timely announcement after making a decision on house expropriation. The announcement shall specify expropriation compensation plans, administrative reconsideration, administrative litigation rights and other matters.

2. The administrative act of the Tianya District People’s Government in making the supplementary plan (2) for the redevelopment, expropriation, compensation and resettlement of shantytowns in the Sanya Bay “Sunshine Coast” area violates due process and falls within the scope of administrative review cases. The expropriated person or Interested parties have the right to lodge administrative reconsideration.

"Notice of the Legislative Affairs Office of the State Council on Doing Administrative Review of Disputes over Land Acquisition, Compensation and Resettlement in accordance with the Law" (Guofa [2011] No. 35) clearly stipulates: "1. The land-expropriated collective economic organizations and farmers shall respond to the market, If the land acquisition compensation and resettlement plan approved by the county people's government is not satisfied with the ruling, an application should be submitted to the local people's government at the next higher level in accordance with the provisions of administrative review laws and regulations. Hear and fairly adjudicate administrative reconsideration cases of land acquisition compensation and resettlement disputes, resolve administrative disputes in a timely manner, and effectively maintain social harmony and stability. "Therefore, expropriated persons or interested parties have the right to file administrative reconsiderations.

The supplementary plan (2) of this case is the specific administrative action taken after the Tianya District People’s Government made the Expropriation Decision No. 120 on the Sunshine Coast Shantou Renovation Area. It is a major change in the administrative expropriation act, and it has a negative impact on the expropriated person. Any actual impact on legitimate rights and interests must be made in compliance with due and legal procedures.

Due process has the important function of ensuring the fairness of the results of administrative actions and shaping people's trust in administrative agencies. Whether administrative actions are legal is related to whether the procedures are legitimate and fair. Violation of legal procedures will affect the legality of administrative actions. sex.

In summary, the "Supplementary Plan for Renovation, Expropriation, Compensation and Resettlement of Sanya Bay "Sunshine Coast" Area" issued by the Tianya District People's Government of Sanya City (II) seriously violates legal procedures and infringes upon the public's right to know and participate. The rights have a direct and huge impact on the expropriated person's choice of rights. The applicant would like to file an administrative review to demonstrate the rights granted to citizens by national law.

Sincerely

Sanya Municipal People's Government

Applicant: Lin Changfeng

September 3, 2018