Applying for information disclosure is a practical trick for lawyers to solve the problem of land acquisition and demolition and unreasonable compensation. Often, after the information is made public, documents related to land acquisition and demolition, such as land acquisition approval, land acquisition compensation and resettlement plan, will be made public in detail, exposing the truth of low compensation and illegal demolition by the expropriation party. At this time, when the collector knows that the tricks can't be hidden, he will change his tough attitude and take the initiative to talk to the expropriated person about compensation and improve compensation.
Therefore, information disclosure is a magic mirror in land acquisition and demolition. Of course, in practice, when the parties apply for information disclosure on their own, they usually encounter some obstacles. For example, the results of relevant departments are often varied. They usually use these five reasons to reject the information disclosure application of the parties.
Let's take a look at the following lawyer group who loves soil demolition and usually provide you with a secret solution.
The first reason: your application reason is illegal and cannot be made public.
The applicant questioned: I am an interested party, how can I break the law?
Lawyer's analysis: When we apply for information disclosure, we often mention the land use certificate and planning permit of the construction project, but the government often refuses to disclose it on the grounds that the parties have no interest in the information.
We need to understand that the purpose of the information disclosure regulations is: openness is the norm, and non-disclosure is the exception. Therefore, cases that are not open in law should be made public. Moreover, the project construction needs to occupy the land of the parties. After the approval of land use and planning, it will directly lead to the expropriation of land and the demolition of houses. Therefore, it is obviously not in line with the objective facts that the administrative organ refuses to disclose it on the grounds that it has no interest. Obviously violated the legitimate rights and interests of the parties.
The second reason: information involving trade secrets cannot be made public.
The applicant questioned: But it concerns my vital interests.
Lawyer's analysis: Some government information involves state secrets, commercial secrets and personal privacy, and the administrative organ may not disclose it. However, the Regulations on the Openness of Information stipulates two exceptions: first, the secret obligee agrees to make it public; Second, the administrative organ believes that non-disclosure may cause great harm to the public interest. Of course, in practice, most parties need to find ways to obtain the consent of the obligee. In addition, if the information that the applicant applies for disclosure needs to be kept confidential or not, the administrative organ should treat it differently, and disclose the information that can be made public first, and cannot completely deny the application for information disclosure on the grounds that it needs to be kept confidential.
The third reason: it hasn't been approved yet, so wait.
The applicant questioned: this has been hanging on me for two months. When can I wait until the end?
Lawyer's analysis: This is the most commonly used strategy in some places, which can not only delay the time limit for the parties to defend their rights, but also get away with it without knowing the law, but this is not the case. It is illegal for the government to fail to reply within the time limit.
Articles 22 and 33 of the Regulations stipulate that there are three time limits for administrative organs to perform their statutory duties of government information disclosure. First, if they can reply on the spot, they will reply on the spot; Two, can not answer on the spot, from the date of receipt of the application 15 working days; Third, with the consent of the person in charge of the institution, you can give a reply within 30 working days from the date of receiving the application and inform the applicant.
Therefore, whether the information can be made public or not, the administrative organ has the obligation to reply. If it is necessary to extend the time limit, it shall also inform the applicant. Therefore, if the administrative organ fails to reply within the above-mentioned statutory time limit, it is an obvious illegal act of omission.
The fourth reason: so much can be made public, and nothing else.
The applicant questioned: I want a book and four plans. These documents are all posted by the government and are of no use at all.
Lawyer's analysis: In practice, many administrative organs, after receiving the application for information disclosure, evade the important and neglect the important, prevaricate for various reasons and do not disclose key information.
According to the Regulations on the Openness of Information, after receiving the application, the administrative organ shall inform the applicant how to obtain the information that belongs to the public scope; If it does not belong to the public scope, it shall explain the reasons; If the information is not in the administrative organ or does not exist, the applicant shall be informed. If it can be determined that the information is in other organs, the applicant shall be informed of the name and contact information of the organ.
Therefore, even if the administrative organ does not disclose relevant information, the applicant's right to know must be guaranteed, and the reconsideration organ and the court also have the right to conduct a substantive review of the reasons of the administrative organ to ensure that the applicant can obtain key information.
The fifth reason: you have to pay to make it public.
Applicant questioned: This is your job. Why do you need to collect money when the state pays you?
Lawyer's analysis: According to the regulations, when making information public, administrative organs can only charge the costs of searching, copying and mailing, and cannot provide government information through other organizations and individuals. It is illegal to disclose relevant information for a fee. Citizens can not only safeguard their legitimate rights and interests through reconsideration or litigation, but also report to higher-level governments and supervisory organs. If the circumstances are serious, the person in charge and the relevant responsible personnel shall be investigated for responsibility, and if the case constitutes a crime, criminal responsibility shall be investigated.
If you encounter the above situation, as an applicant, how can you protect your legitimate rights and interests?
First, report. Citizens, legal persons or other organizations that the administrative organ fails to perform the obligation of government information disclosure according to law may report to the superior administrative organ, the supervisory organ or the competent department of government information disclosure. The organ that receives the report shall investigate and handle it.
Second, apply for administrative reconsideration or bring an administrative lawsuit. Citizens, legal persons or other organizations may apply for administrative reconsideration or bring an administrative lawsuit according to law if they think that the specific administrative act of an administrative organ in the work of government information disclosure infringes upon their legitimate rights and interests.
In fact, when the government finds various reasons to make things difficult for applicants, most of them know that they are breaking the law, but they are often lucky, thinking that most applicants do not know the law and generally dare not oppose the government.
In fact, if you think about it carefully, are you really confident to do so? The answer is obviouslyno. As an applicant, it is our right to apply for government information disclosure according to law. If our rights are violated, we should of course take up legal weapons to defend our rights.