(1999) Guanxingchuzi No. 161
Plaintiff: Plaintiff: Yao Huaping, male, born in 1962, Han nationality, farmer, living in Guan County Yaoxing Village, Qingshui Town.
Authorized agent: Ge Runmin: Ge Runmin, a legal worker at the Dongchangfu District Central Office of Liaocheng City.
Authorized agent: Xing Tianhua, legal staff of Dongchangfu District Central Office of Liaocheng City: Xing Tianhua, legal staff of Dongchangfu District Central Law Office of Liaocheng City.
Defendant: Qingshui Town, Guan County: People’s Government of Qingshui Town, Guan County.
Legal representative: Yue Qixiang, mayor of the town.
Authorized agent: Song Shufeng: Authorized agent: Song Shufeng, Guanzhou Law Firm.
Authorized agent: Yin Rukui, Guanzhou Law Firm: Authorized agent: Yin Rukui, director of the Judicial Office of the People's Government of Qingshui Town, Guan County.
In the case of plaintiff Yao Huaping suing the People's Government of Qingshui Town, Guan County for agricultural administrative coercion, plaintiff Yao Huaping filed a lawsuit with this court. After accepting the case, this court formed a collegial panel in accordance with the law and held a public hearing to hear the case. The plaintiff, Yao Huaping, appointed agents Ge Runmin and Xing Tianhua, and the defendant’s agents, Song Shufeng and Yin Rukui, attended the court to participate in the litigation. The case has now been concluded.
Plaintiff Yao Huaping sued: After the first day of the fifth lunar month in 1998, the defendant Qingshui Township People's Government of Guan County sent Feng Shouyi, secretary of the district general branch, as the squad leader, led by Du Xuegong and other members of Yao Xing Village Committee, under the leadership of the plaintiff When there were no adults at home, and the defendant did not produce any documents or procedures or identify the plaintiff, he drove the tractor that the plaintiff had purchased for a month to the plaintiff's impound place and impounded the tractor and tool box. The tractor, the 10,000 yuan in cash in the tool box, and all the tools were never given.
The defendant argued that the defendant did not deny the fact of impounding the plaintiff Yao Huaping’s tractor, but it would not compensate the plaintiff for the indirect losses of the impounded tractor. The National Compensation Law stipulated that only direct losses should be compensated. When the plaintiff's tractor was impounded, Feng Shouyi, Li Weihan, Du Zehua, and Du Tongxing made an on-site inventory and found that there were wrenches, pliers, and no cash in the tractor tool box. The plaintiff's claim cannot be supported.
During the trial, the defendant submitted evidence to the court: No. (1), (2), (3), and (4) proved that there was no cash in the tool box of the plaintiff’s tractor; No. (5) proved that the plaintiff’s tractor At Du Xuegong's house; No. (6) proves that the plaintiff's tractor was seized and passed by. The plaintiff disputed the evidence submitted by the defendant that the plaintiff's attorney requested the tractor from the defendant. At the same time, the following evidence was submitted in court: (1) (2) (3) proving that the defendant had impounded the plaintiff’s tractor.
After the court debate, it was found that after the first day of the fifth lunar month in 1998, the plaintiff Yao Huaping refused to pay the levy for agricultural and summer planting. The staff of the Qingshui Township People's Government of Guan County, the defendant, seized the plaintiff's tractor to Du Xuegong's home. The defendant The plaintiff was notified several times to pay the agricultural and summer planting fees and then the tractor was driven away. During the trial, the defendant, the agent of the Qingshui Town People's Government of Guan County, said that the plaintiff could be allowed to drive away the tractor, and that his administrative action of seizing plaintiff Yao Huaping's tractor had no legal basis. The defendant, the People's Government of Qingshui Town, Guan County, provided evidence to prove the above facts.
This court believes that after the May Day in 1998, the defendant Qingshui Town People's Government of Guan County impounded the plaintiff Yao Huaping's tractor to Du Xuegong on the grounds that the plaintiff Yao Huaping refused to pay the agricultural summer levy. The behavior has no legal basis and this court will not support it. The plaintiff claimed that there was 10,000 yuan in cash in his tool box. If there is no evidence after investigation, it will not be accepted. In accordance with the provisions of Article 54, Item (2), Items 3 and 4 of the Administrative Litigation Law of the People's Republic of China, the judgment is as follows:
The people's government of Qingshui Town, Guan County has revoked the detention of the plaintiff against the defendant. Administrative enforcement actions of Yao Huaping Tractor.
The defendant is required to return the plaintiff’s tractor within five days after this judgment takes effect.
Dismiss the plaintiff’s other claims.
The case acceptance fee of 400 yuan shall be borne by the defendant.
If you are not satisfied with this judgment, you can submit an appeal to this court within fifteen days from the date of delivery of the judgment, and submit copies according to the number of opposing parties, and appeal to the Intermediate People's Court of Liaocheng City, Shandong Province.
Judge: Xu Haijun
: Xu Haijun
Judge: Xu Haijun
: Xu Yiqiang
Agent Judge: Zhang Qifeng
Zhang Qifeng
December 22, 1999
Clerk: Zhang Shaoze
: Zhang Shaoze