Industry demolition, compensation from10 million to 40 million, Wandian lawyer rights protection.
The compensation for enterprise demolition is too poor, so it is invalid to ask a lawyer to go to court. After changing to Wandian lawyer, the compensation for rights protection was raised to 40 million yuan a year, which was solved satisfactorily.
In July, 20 16, Mr. Yue (a pseudonym) of a weaving factory in a city was a little sad because his enterprise was decided by the local government to be expropriated, but the expropriation department made a very harsh compensation plan for the expropriation project, which was very unfavorable to the enterprises within the scope of expropriation. In addition, Mr. Yue's factory planning and construction procedures are incomplete, and the compensation given to Mr. Yue by the collection department is extremely unfavorable. But Mr. Yue's expectation is 40-50 million.
Ask a lawyer to defend his rights and lose again and again.
In order to protect his rights and interests, Mr. Yue decided to hire a lawyer to file a lawsuit to protect his rights and interests. After consulting Mr. Yue many times, he found a law firm in Beijing. After detailed communication with the law firm, Mr. Yue signed an agency agreement with the law firm and paid the lawyer's fee. This time, he pinned all his expectations on lawyers, hoping to safeguard his legitimate rights and interests through the help of lawyers.
However, after a period of litigation, Mr. Yue's heart was in his throat again, and the case did not go smoothly. The lawsuits filed have basically lost. Seeing that the most important lawsuit, the house expropriation decision case, is about to open, Mr. Yue is extremely uneasy, because this case will be completely lost again.
Change lawyers, and Wandian lawyers get involved.
After full discussion with his family, Mr. Yue decided to change his lawyer. This time, Mr. Yue is no longer as hasty as the last lawyer. Through internet and inquiry, he saw ten typical cases of land requisition and demolition in the Supreme People's Court from the media. In the case of Kong Qingfeng v. surabaya county Municipal Government, the people's court decided to cancel the expropriation decision because the government's expropriation compensation was not in place, which made him very excited. For the first time, it is determined to compensate according to the standard of new commercial housing. Upon inquiry, Mr. Yue learned that the lawyers handling the case were Wang Weizhou and Feng Kai from Beijing Wandian Law Firm, so Mr. Yue dialed the phone number of Wandian Law Firm, and Feng Kai from Wandian Law Firm conducted legal consultation for Mr. Yue. Lawyer Feng analyzed the case in detail and expounded the thinking of handling the case. After listening to this, Mr. Yue was very convinced and decided to further contact with Wandian Law Firm to negotiate the entrustment.
2065438+In September 2007, Mr. Yue met a lawyer who was on a business trip in Wenzhou. Lawyer Wang further analyzed the problems and breakthroughs of this case. Hearing this, Mr. Yue felt very reasonable. On the same day, he decided to entrust Beijing Wandian Law Firm to handle the case and terminated the agency relationship with the original law firm.
Investigate and collect evidence, argue, and uncover the flaw.
After accepting the entrustment, Wandian Law Firm appointed Wang Weizhou and Feng Kai to handle the case. After research, the two lawyers found that the decision of house expropriation in this case was made nine days later than the proof of collecting compensation and resettlement funds, which is abnormal, because the most difficult thing for ordinary government to do in house expropriation is to get the compensation and resettlement funds in place. Under normal circumstances, the housing expropriation decision will be made immediately after the capital certificate is issued. Why is there such a difference for so many days in this case? So the lawyer decided to investigate and collect evidence. Because the certificate of funds was issued by the bank, the bank could only provide evidence for the public security law. The lawyer applied to the people's court for investigation and evidence collection, but the court ignored it. The lawyer decided to apply again and sent a lawyer's letter to the court asking for evidence collection and postponed the trial.
Lawyers Wang and Feng argued that the court asked the defendant to provide bank running water, and the bank running water provided by the defendant was surprising. It turns out that the compensation fund for the project involved needs compensation and resettlement funds of about 65.438+0.7 billion yuan, which was credited to the account of the collection department on the day when the fund certificate was issued, but it was taken away the next day after the certificate was issued, which was too courageous. This is a clear violation of Article 12 of the Regulations on Compensation for Expropriation of Houses on State-owned Land. Provisions; At the same time, after studying the case file, the lawyer found that the project, named Old City Reconstruction, is actually the need to attract investment and develop industrial enterprises, which belongs to the needs of business behavior and obviously does not belong to the public interest category stipulated in the Regulations on Expropriation and Compensation of Houses on State-owned Land. In terms of compensation, although it is stipulated that monetary compensation should be assessed by an assessment agency, property rights exchange can only resettle land, but not replace houses, which obviously violates the provisions of Article 21 of the Regulations on Compensation for Housing Expropriation on State-owned Land: "The expropriated person can choose monetary compensation or exchange property rights. If the expropriated person chooses to exchange the property rights of the house, the people's government at the city or county level shall provide the house for the property rights exchange. " ......
After research, Mr. Yue communicated with the lawyer, and because the compensation was unreasonable, we sued the court to cancel the house expropriation decision.
The illegal building was demolished and the lawyer successfully defeated it.
Just when Mr. Yue saw hope, he suddenly received a decision on administrative punishment, which determined that Mr. Yue's factory was an illegal building and was demolished within a time limit.
After studying, the lawyer found that the object of the punishment decision was wrong, so he brought a lawsuit to the people's court according to law. Shortly after the prosecution, the punishment department knew the mistake and decided to cancel the administrative punishment decision on its own.
After a period of time, the punishment department made a decision to change the punishment object again. The lawyer sued again after studying, and the punishment department revoked its administrative punishment decision again after seeing the complaint.
The judgment of the first instance was rejected and appealed to the High Court, and the situation changed.
After careful preparation, the case was heard in the first instance. At the trial site, Mr. Wang provided the court with sufficient evidence and legal basis, comprehensively stated his hanging points in the court, and submitted it to the court in writing. Unfortunately, the court of first instance rejected the plaintiff's claim, which made lawyer Wang, lawyer Feng and Mr. Yue feel incredible.
After communication, lawyers and Yue listed the mistakes in the first instance and the illegality of the expropriation decision one by one, and provided legal basis and evidence one by one to appeal to the Higher People's Court. After the case was heard by the Provincial High Court, the lawyer pointed out five major problems: 1, "I think that the identification of old city reconstruction should strictly follow the standard of" concentrated dangerous houses and backward infrastructure "stipulated in Article 8 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, and develop the economy and infrastructure. And the appellee has not been included in the national economic and social development plan of the previous year and conforms to the special line plan, so it should bear the burden of proof. 2 on the issue of property rights exchange, it should be implemented in accordance with the Regulations on the Expropriation and Compensation of Houses on State-owned Land, which cannot be reduced. According to the administrative regulations, the local government has no right to lower the standard for houses with property rights exchange. 3. With regard to the issue of funds, it is obvious that the appellee applied for the house expropriation decision with the proof of funds issued by the bank. As for the appellee's claim that the district financial guarantee belongs to the credit guarantee, not the funds are in place; At present, due to the lack of government funds, the construction of resettlement houses can not be started, and many cases of group prosecution and letters and visits have appeared, all of which are caused by unreliable credit guarantee and insufficient funds. 4, social stability risk assessment, "Regulations on Housing Expropriation and Compensation on State-owned Land" should be formulated by the municipal and county governments; Moreover, Ningbo International Investment Company does not have the qualification of social stability risk assessment. Social stability assessment should be carried out from the aspects of legality, rationality, risk of letters and visits, people's will, etc., which is beyond the reach of a project construction consulting company. 5. This case does not involve public interests, which is a serious violation of the law. It is suggested that the expropriation decision be revoked according to law, so that local governments that know that the illegal circumstances are serious and still illegally demolish houses can learn lessons, so that the purpose of kidnapping the court and kidnapping the law by fait accompli can not be realized, and legal authority and judicial order can be ensured. "
Another forced demolition and illegal construction, the lawyer once again foiled the plot.
I received the administrative penalty decision again, but with the efforts of lawyers, the administrative penalty decision was revoked again. Up to now, the administrative punishment has been revoked three times, which completely frustrated the other party's plan to pressure the client to move on the grounds of illegal construction.
Coordinate and successfully solve cases.
After the trial of this case, the judges of the Provincial High Court attached great importance to this case. In order to solve the case substantively, the presiding judge asked whether the two sides had the will to coordinate, and both sides indicated that they could coordinate.
In order to solve the dispute better, the judge of the Provincial High Court personally went to the scene of the incident to organize a coordination meeting between the two sides. Mr. Yue told all the problems that his company's compensation was not in place. After verification by the people's court and the tax collection department, there is indeed a problem with the compensation for Mr. Yue's enterprise. Mr. Yue's reasonable demands should be resolved and the two sides should coordinate on the spot. Great progress has been made in compensation for rights and interests at the coordination meeting. However, after the judges of the High Court left, the local government
Finally, after about 10 days of communication and coordination, Mr. Yue, Mr. Wang and representatives of the collection department came to the Provincial Higher People's Court again. The difference is that this time they entered the mediation room of the people's court, not the trial court. Persuaded by the people's court, both Mr. Yue and the tax collection department made great concessions and reached an agreement: the government gave Mr. Yue more reasonable compensation, and Mr. Yue withdrew his lawsuit to the people's court.
Mr. Yue's reasonable appeal was finally solved, and the compensation increased from10 million to more than 40 million, and the case was successfully closed.