(1999) Guan Hang Chu ZiNo. 16 1
Plaintiff: Yao Huaping, male, born in 1962, Han nationality, farmer, living in Yao Xing Village, Qingshui Town, guanxian.
Authorized Agent: Ge Runmin, legal worker of Dongchangfu District Central Office in Liaocheng City.
Authorized Agent: Xing Tianhua, legal worker of Dongchangfu District Central Law Firm in Liaocheng City.
Defendant: Qingshui Town People's Government of guanxian.
Legal Representative: Yue Qixiang, mayor.
Authorized Agent: Song Shufeng, lawyer of Guangzhou Law Firm.
Authorized Agent: Yin Rukui, director of the Judicial Office of the People's Government of Qingshui Town, guanxian.
Plaintiff Yao Huaping v. Defendant guanxian Qingshui Town People's Government's agricultural administrative law enforcement case, and Plaintiff Yao Huaping brought a lawsuit to our court. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. Plaintiff Yao Huaping, agents Ge Runmin and Xing Tianhua, defendants Song Shufeng and Yin Rukui attended the proceedings. Now the trial of this case is over.
Yao Huaping, the plaintiff, claimed that 1998, on the first day of the fifth lunar month, the team led by Feng Shouyi, the general branch secretary of the people's government of Qingshui Town, guanxian, led by Du and other members of the Yao Xing village committee, had no adults in the plaintiff's home, and the defendant did not show any certificates and procedures, nor did he identify himself, so he forcibly drove away the plaintiff's tractor for one month, and seized the plaintiff's tractor, 10,000 yuan in cash and all in the toolbox.
The defendant argued that the defendant did not deny the fact that Yao Huaping's tractor was detained, but the plaintiff proposed that the indirect loss of the tractor should not be compensated, and the State Compensation Law stipulated that only the direct loss should be compensated. When the plaintiff's tractor was seized, Feng Shouyi, Li, Du and Du Tongxing made an on-site inventory. There are wrenches and pliers in the tractor toolbox, but there is no cash. The plaintiff's claim cannot be supported.
During the trial, the defendant submitted evidence to the court: (1), (2), (3) and (4) proving that there was no cash in the plaintiff's tractor toolbox; No.5 proves that the plaintiff's tractor is in Dujia; (6) The certificate number of the plaintiff's tractor being detained. The plaintiff objected to the evidence provided by the defendant: the plaintiff's agent asked the defendant for a tractor. At the same time, submit the following evidence to the court: (1)(2)(3) It proves that the defendant detained the plaintiff's tractor.
After cross-examination and debate in court, it was found that the plaintiff Yao Huaping refused to pay for agriculture on the first day of the fifth lunar month 1998, and the staff of Qingshui Town People's Government in guanxian seized the plaintiff's tractor to Dujia. Later, the defendant repeatedly notified the plaintiff to pay the agricultural Xia Zheng and drove the tractor away. During the trial, the agent of the People's Government of Qingshui Town, guanxian, said that the plaintiff could drive the tractor away, and there was no legal basis for his administrative action of detaining the plaintiff Yao Huaping's tractor. The evidence provided by Qingshui Town People's Government of guanxian can prove the above facts.
We believe that after the Lunar New Year 1 May 19981,the defendant, the People's Government of Qingshui Town, guanxian, forcibly detained Yao Huaping's tractor to Du School on the grounds that he refused to pay the agricultural Xia Zheng. There is no legal basis for his administrative actions, and this court will not support them. The plaintiff claimed that there was 1 10,000 yuan in cash in his toolbox. If there is no evidence, it will not be accepted. According to the provisions of Item 3 and Item 4 of Paragraph 2 of Article 54 of the Administrative Procedure Law of the People's Republic of China, the judgment is as follows:
The administrative compulsory act of detaining the plaintiff Yao Huaping's tractor by the People's Government of Qingshui Town, guanxian was revoked.
The notice shall be returned to the plaintiff's tractor within five days after this judgment comes into effect.
Reject the plaintiff's other claims.
400 yuan, the case acceptance fee, shall be borne by the defendant.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to the Intermediate People's Court of Liaocheng City, Shandong Province.
Presiding judge: Xu Haijun.
Examiner: Xu Yiqiang
Acting judge: Zhang Qifeng.
December 22nd, 1999
Bookkeeper: Zhang Shaoze