Plaintiff: Wang Liping, female, 44 years old, laid-off worker, living in.
Henan Province
Xijiao Township, Kaifeng City, Province.
Defendant: Henan Province
zhongmu county
Transportation bureau.
legal representative
: Geng Xianming, Director of the Bureau.
Plaintiff Wang Liping and defendant zhongmou county Transportation Bureau.
(hereinafter referred to as the County Transportation Bureau)
happen
Administrative compensation
Disputes,
towards
Zhongmou county People's Court brought a lawsuit.
administrative compensation litigation
The original okada told:
On the morning of September 27th, 200 1 year,
I borrowed three small agricultural four-wheeled tractors from others.
drag
Two rounds of Tuo Dou transported 3 1 pig. On the way, the defendant's staff proposed to detain three cars on the grounds of unpaid road maintenance fees.
Although I declare that the goods loaded in the car can't stay,
Ask to unload the pig before impounding the car.
The defendant's staff ignored it,
Forced eviction from Tuo Dou led to heatstroke of pigs in Tuo Dou due to natural extrusion and hot climate, and * * * died 15 pigs.
Causing my direct economic loss 10500 yuan and other losses 1700 yuan.
I applied to the defendant for compensation,
The defendant ignored it.
Ignore. Ask the defendant to compensate me for all my economic losses.
Plaintiff Wang Liping submitted the following evidence:
1.
Zhang Junming,
The language of the tiger king,
The main contents are:
On the morning of September 27th,
Wang Xianglin,
Wang Xinchun,
Zhang Junming,
Four people, including Wang Laohu, drove three small agricultural tractors to help deliver pigs to Wang Liping.
The car went south of Xiwu Village for about one kilometer.
encounter
Go to five staff members of the local highway management office of zhongmou county Transportation Bureau to check the road maintenance fee.
We explained that this was an agricultural vehicle,
There is no road maintenance fee.
These people insisted on impounding the car. Then Wang Liping said:
"
Wait a minute, let's take the pig to Dangzhuang village and deal with it when we come back.
Road maintenance fee procedures.
"
These people still didn't agree, so they forced the car to drive away, and we chased after it. Catch up with Houheizi Village.
East intersection,
We negotiated with them again,
Let them drive two cars,
Leave us one,
When we sent the pig tray to Dangzhuang Village,
They took this away again.
They don't agree,
Forcibly grabbed three small four-wheeled main cars from Tuo Dou and drove away.
Yes 1.
1, the weather is very hot and there is no shade at the scene. The pigs in Tuo Dou were crowded together, and two of them died on the spot.
2. Ma Shujie's certificate, the main content is: On September 27th, Kaifeng Industrial Company came to my pig farm to collect pigs. because
The pig truck can't drive to Xiaodian village,
The pig collector informed Wang Liping,
Let her send the pig to my pig farm.
Wang Liping sends pigs.
From my pig farm to Erli Road, three small four-wheeled main cars were driven away by the local highway management office of zhongmou county Transportation Bureau.
Tuo Dou the pig was taken away and put on the side of the road.
Tuo Dou landed on his head,
The car body is heavily tilted at an angle of 45 degrees.
Pigs in Tuo Dou are very crowded.
A group, plus the temperature was as high as 30 degrees at that time, there was no shade or water at the scene, and the pigs were badly heated and died on the spot.
I called an agricultural vehicle,
First, help Wang Liping load the remaining pigs into the agricultural vehicle.
Then carry it from the agricultural vehicle to the pig farm on the second floor.
In the car,
At this time, more than a dozen pigs were dying.
When the pig collection truck drove to Kaifeng pig transfer station to unload the goods,
13 pigs died.
that
The remaining 16 pigs were seriously frightened and their mouths were full of blood. After reading it, Shanghai customers refused to accept it and had to sell it at a low price in Kaifeng.
3.
Huo Xiaohuan's proof,
The main contents are:
At ten o'clock that morning,
Ma Shujie asked me to help load the pig truck.
Pigs.
I drove there,
Only then did I know that it was the pig of a woman in Xiaodian Village.
It was very hot then,
I see some pigs.
It's all hot,
I quickly threw the pig from Tuo Dou to my car.
Then I turned it over to the pig truck.
When loading a car,
I saw a pig die and was thrown to the ground. Some pigs were dying, so we loaded them into the pig collection truck.
4.
unseal
suburbs
The animal quarantine station proves that,
The main contents are:
At 3: 40 pm on September 27,
I received it at the station.
The telephone number of Zhang Baohong, the transfer station of Kaifeng West Freight Yard,
Send Lu hexing,
Liu was observed in isolation,
Found the king of Zhongmu County.
Among the 29 pigs brought by Liping,
Dead 13.
After inquiry and quarantine,
It is concluded that this 13 pig died of heat.
I
The station immediately issued a certificate to other pigs that they were allowed to be shipped out after passing the quarantine.
5.
Zhang Baohong's certificate issued by Kaifeng Industry and Trade Company,
The main contents are:
On September 27,
Wang Liping sold me a job.
Big pig 16 head 1777 kg, the price per kg is 6.60 yuan, and the sales amount of live pigs 1 1720.20 yuan, when
Pay on time.
6. The IOU written by Liu Yi reads: Wang Liping dead pigs 13 were received, and 30 yuan owed 390 yuan for each dead pig.
Yuan.
7. Payment: 2001September 27th, Wang Liping received and sold the pig money 1 1720 yuan.
8.
He Donggang's proof,
The content is:
From 200 1, 10, 15 to12,27,
Rent in Wang Liping
I took a taxi to zhongmou county on business.
More than 20 round trips,
Cost per trip, 80 yuan,
* * * The total cost is about 1700 yuan.
9.20065438+0 Zhengzhou Evening News on September 27th.
It is reported that the highest temperature in Zhengzhou during the day today is 2 degrees.
4℃。
10. Wang Liping's application for compensation and the receipt of zhongmou county Transportation Bureau.
The defendant argued that:
(1) The staff of our bureau shall follow Article 36 of the Highway Law of People's Republic of China (PRC).
He' nan province gong
Regulations on Highway Management "
The provisions of the second paragraph of Article 53,
Caught Wang Shutian, the administrative counterpart,
Tiger king,
Zhang Junmin drives it.
(3) a small four-wheeled tractor without a road maintenance fee payment certificate,
There are also three people released at the same time.
Traffic violation notice
and
"temporary"
Vehicle deduction voucher "
The staff of our bureau administer according to law,
There is nothing wrong with the behavior.
(2)
The plaintiff rented a small four-wheeled tractor to transport the goods.
Send pigs,
With the owner of a small four-wheeled vehicle.
contractual relationship
The owner of the minibus has the obligation to safely deliver the plaintiff's pig to its destination.
The fourth wheel failed to pay the road maintenance fee and was seized for driving on the expressway.
If the plaintiff is hurt by this,
That was caused by the owner's illegal behavior.
The plaintiff should claim compensation from the owner. The damage result of the plaintiff's prosecution is not directly related to the administrative act of the defendant according to law.
If the defendant is not liable for compensation, the plaintiff's claim shall be rejected.
During the trial, the defendant's attorney once again put forward:
(3) The plaintiff used a narrow four-wheeled Tuo Dou to transport pigs, and each Tuo Dou was loaded with raw materials.
Pigs with 10- 1 1 will certainly be squeezed during transportation, and it is not the inclination of Tuo Dou that causes the squeeze. When the car was detained, it was crisp in autumn.
The temperature is less than 24℃, and the place where the car is detained is a ventilated and transparent wilderness. In this case, the plaintiff said that the pig died of heatstroke.
Insufficient evidence.
Besides,
The place where the car was detained was less than 200 meters away from the pig purchase point where the plaintiff was going.
The plaintiff should try to put the pig
It was sent to the acquisition point, but no measures were taken within 3 hours, and the pig died and the loss expanded.
It's incredible.
(4) The plaintiff sold the pigs to Dangzhuang Village Kaifeng Trade Industrial Company, and the ownership has been transferred. Arrive in Kaifeng
After the death of the pig, it has nothing to do with the plaintiff, and the plaintiff cannot claim compensation.
The defendant submitted the following evidence and law enforcement basis:
1.
Promulgated on July 3rd 1997
People's Republic of China (PRC) Highway Law
Article 36, paragraph 2,
The content is:
"
Before the implementation of the fuel surcharge collection method, the current road maintenance fee collection method is still implemented. Highway maintenance fees must be earmarked.
Maintenance and reconstruction of roads.
Units and individuals that own vehicles pay road maintenance fees,
Road maintenance fees shall be paid by the transportation department.
Charge receipt sign;
The road maintenance fee receipt sign shall be placed in the obvious position of the vehicle.
There is no road maintenance fee receipt sign.
Vehicles are not allowed to drive on the expressway.
"
2.
Promulgated by the Standing Committee of the Eighth People's Congress of Henan Province1September 6, 995.
Highway Management in Henan Province
The second paragraph of Article 53 of the Ordinance stipulates that the content is as follows
"
Failing to pay, evade or refuse to pay highway maintenance fees according to regulations, traffic administration
The competent department may temporarily detain the vehicle and release it immediately after handling.
"
3.1June 6, 994
Article 38 of the Measures for the Administration of Highway Maintenance Fees Collection in Henan Province promulgated by the People's Government of Henan Province stipulates:
"
For leaks,
By default,
Refuse to pay,
Refusing to pay road maintenance fees and unauthorized vehicles,
If the scene can't be handled in time,
Road maintenance fee collection agencies can temporarily
Seizure of vehicles and license plates,
sign and issue
"Highway maintenance illegal vehicles.
(certificate)
Withholding voucher "
and
Decision on penalty at traffic administrative site
It is ordered to go to the designated road maintenance fee collection agency within 7 days from the date of detention.
"
4.
Traffic violation notice
(Zheng Tong ZiNo. 16- 18)
5.
Certificate of detention of vehicle
(KouziNo. 16- 18)
6. Ask the transcripts of Wang Shutian, Zhang Junmin, Wang Laohu and others.
7.
traffic
administrative penalty
Closing report "
(JZNo. 16- 18)
8. Certificates from Zhang Chunxiang, Zhang Xiuju and Du Xiuhua, which read: On the afternoon of September 27th, Li Qing was on the field of the Second Inspection Team.
Wei issued three bills for road maintenance fees in half a year.
Every 720 yuan,
Let our logistics staff make out the invoice.
A few came the next afternoon.
Individuals,
They paid 720 yuan's road maintenance fee for each car,
No questions were raised at that time.
We'll deal with it for them right away.
Vehicle release procedure.
9.
Hu Guangyu's proof,
The content is:
On September 27,
Zhongmou county agricultural vehicle maintenance fee collection station temporarily detained three small four.
Wheel, parked in the parking lot I am responsible for, and the three cars were released the next day.
According to the evidence submitted by the plaintiff, the zhongmou county People's Court investigated and asked Ma Shujie, Zhang Junming, Wang Laohu, Wang Xianglin,
Witnesses such as Wang Xinchun, Lu Hexing, Liu Yi and Zhang Baohong made investigation records respectively. The content of the witness is the same as theirs.
The contents of the certificates issued to the plaintiff are consistent.
Witness Liu Yi testified that,
It bought 13 heads at the price of 30 yuan per head. It was so hot.
Our pigs are used to feed dozens of our dogs.
After cross-examination in court,
Certification,
The People's Court of zhongmou county considers the above evidence objective and true.
And can confirm each other,
adequately
As the basis for determining the facts of this case. According to the above evidence, the facts of this case are as follows:
Plaintiff Wang Liping is a laid-off worker of Kaifeng Metal Recycling Company, and now she runs a pig farm in Xiaodian Village, Dongzhang Township, zhongmou county.
Field.
On the morning of September 27th, 200 1 year,
Wang Liping borrowed villagers Zhang Junming and Wang Laohu from Xiaodian Village.
Wang Shutian's Little Four Wheels
Tractor,
Loading 3 1 pig,
Prepare to sell at the pig collection point set up by Kaifeng Industry and Trade Company.
On the way,
Meet the defendant's county
The staff of the general administration checked the car.
After inspection,
On the grounds of not paying the road maintenance fee,
Item,
king
Tiger and Sanren delivered the Certificate of Detained Vehicle.
Then take off three two-wheeled Tuo Dou with pigs and put them in Cangzhai Township.
In the south of Heizhai Village,
Drive away three small four-wheeled main cars.
After the dismounted two-wheeled Tuo Dou lost the support in front,
Tilt at a 45-degree angle.
The pigs in Tuo Dou can't stand it,
Squeeze aside,
Died on the spot from extrusion and high temperature.
Wang Liping passed Dangzhuang Village, Cangzhai Township.
Ma Shujie's help,
The remaining 29 pigs were transferred to the pig collection truck.
When 29 pigs arrived in Kaifeng,
1 dead again
Three heads.
Wang Liping will sell 13 dead pigs at the price of each 30 yuan.
Sold to Kaifeng city
self-employed households
Liu Yi.
In the same year 1 1
On June 22,
Wang Liping applied to the county transportation bureau for compensation,
Rejected by the county transportation bureau,
So I filed a lawsuit,
Request to order the county transportation bureau.
Compensation for pig death loss 10500 yuan,
transportation charge
Loss 1700 yuan.
The average weight of live pigs sold by plaintiff Wang Liping this time is 1 10 kg, and each kg is worth 6.6 yuan.
The zhongmou county People's Court held that:
Wang Liping, the plaintiff, believes that the car impounding behavior of the defendant County Transportation Bureau has caused damage to his property.
Apply to the county transportation bureau for compensation.
After the fruit, it is in line with People's Republic of China (PRC) to file an administrative compensation lawsuit.
administrative proceedings
Law "
(hereinafter referred to as the Administrative Procedure Law)
, first
The provisions of article 67 should be accepted.
Administrative compensation is a kind of
state compensation
Only on the premise of satisfying the constitutive requirements of administrative compensation liability,
The country will be right.
politics
infringement act
Be responsible for the damage caused.
Therefore, in administrative compensation litigation,
The composition of solving the administrative compensation liability is
The first question.
The constitutive requirements of administrative compensation liability include:
First, the subject of infringement refers to the person who has committed an act that may cause administrative compensation liability.
People's Republic of China (PRC)
Family Compensation Act
(hereinafter referred to as the State Compensation Law) stipulates that the subject of administrative infringement is: 1. Administrative management.
Organs and their civil servants;
2.
Organizations authorized by laws and regulations and their staff;
3.
Organizations entrusted by administrative organs and their
Staff; 4. Individuals entrusted by administrative organs.
The plaintiff, Wang Liping, accused the staff of the county transportation bureau of detaining the car and causing it pain.
property loss
. The county transportation bureau is an administrative machine.
Close,
Its staff are civil servants of administrative organs.
According to Article 3 of the State Compensation Law,
County Transportation Bureau complies with infringement.
As the main element.
Second,
Administrative violations,
Refers to what kind of behavior may lead to the state's administrative liability for compensation.
According to the country
According to the provisions of Article 3, Article 4 and Article 5 (1) of the Compensation Law, the administrative organ and its staff are only
"
practise
Time of administrative power
"
Infringe on the legitimate rights and interests of the administrative counterpart,
The state is responsible for compensation;
Staff of administrative organs
"
And the exercise of power
Irrelevant personal behavior
"
The state is not liable for compensation.
The legitimacy of the specific administrative act,
Not only should we find out the facts,
The applicable law is correct,
Comply with legal procedures,
Return a parcel
Including the rational use of administrative discretion by administrative organs in the field of discretion,
A specific administrative act that is obviously unreasonable constitutes abuse.
Authority.
Zhang Junming,
Tiger king,
The small four-wheeled tractor driven by Wang Shutian was driving on the expressway without paying the road maintenance fee.
Defendant county traffic
According to this fact, the staff of the bureau made a decision to temporarily detain the vehicle.
Because the administrative counterpart Zhang Junming,
Tiger king,
Wang Shutian or
Wang Liping, the plaintiff in this case, has no objection to the decision to impound the vehicle, so this case does not examine the legality of the decision.
The small four-wheeled tractor was temporarily detained,
On the way to deliver pigs to plaintiff Wang Liping.
Regardless of the decision to temporarily detain the vehicle
Whether it is legal or not, the staff of the defendant county transportation bureau should know when preparing to implement this decision: in hot weather,
Pigs in transit should not be squeezed,
It is even more inappropriate to stay on the road for a long time.
No matter who owns this pig,
Only at the right time.
After the car was booked, it was impounded.
talent
guarantee
Property will not suffer losses because the car is seized.
however
County transportation bureau staff do not consider this.
The safety of property,
Even when Wang Liping asked to detain the pig after it arrived at its destination,
Unload two rounds of Tuo Dou.
And then drove away in the main car. It is unreasonable for the staff of the county transportation bureau to carry out the administrative act of detaining the vehicle.
Appropriate requirements,
This is an abuse of power.
In accordance with the first paragraph of Article 54 of the Administrative Procedure Law
(2)
The fifth item and the supreme person
court
Interpretation of Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China
Article 57, paragraph 2
(2)
The provisions of item, it should be confirmed that the behavior of the staff of the county transportation bureau in exercising administrative functions and powers is illegal.
Third,
Actual damage,
It means that the illegal duty behavior only causes certain damage consequences.
Will lead to state administrative compensation.
Responsibility. What does it say here?
"
harm
"
, refers to the damage to personal freedom, damage to life and health and damage to property, and this
These damages should be actual damages.
The plaintiff Wang Liping's 15 pigs died of long-term high temperature and high pressure.
This kind of actual damage is enough to claim compensation from the state.
Reasons for compensation.
Fourth,
Causality,
Refers to the existence of illegal duty behavior and damage consequences, which can make the state bear the responsibility of administrative compensation.
Contact.
The plaintiff Wang Liping's 15 pigs died of long-term high temperature and high pressure.
It was implemented by the staff of the defendant county transportation bureau.
The decision to temporarily detain the vehicle is unreasonable,
Caused by improper administrative behavior,
There is a causal relationship between the two.
restrain
The administrative decision of the vehicle shall be independently implemented by the staff of the County Transportation Bureau.
The consequences of improper implementation of measures,
Naturally, the county is responsible.
The transportation bureau undertakes.
To sum up, the plaintiff Wang Liping gave himself an administrative act of abuse of power by the staff of the County Transportation Bureau.
Causing property damage,
Sue for compensation,
His request is legal,
Should be supported.
Selling dead pigs to 390 yuan,
The economic loss of Wang Liping is 10500 yuan.
The county transportation bureau wants compensation.
Wang Liping claims the transportation fee 170.
0 yuan,
However, the corresponding evidence submitted to support the request cannot verify the authentication.
So this part of the request is not supported.
The evidence in this case
Enough to prove that,
15 pig was detained because of the small four-wheeled main car.
Died of long-term extrusion and heating in the inclined car hopper;
knot
The location of the car is more than 200 meters away from the pig purchase point.
In the case that Wang Liping leaves the vehicle for transportation,
Can't guarantee the safety of pigs
All;
The sale of live pigs must go through quarantine,
Wang Liping sold pigs to Kaifeng Industry and Trade Company,
How to execute the quarantine procedure,
such as
What's going on,
title to property
When to transfer,
This is a matter within the scope of mutual agreement.
Others have no right to interfere;
When I arrived in Kaifeng, I found out.
Dead pig,
Also belongs to Wang Liping.
Wang Liping should claim compensation from the owner of the small four-wheeled vehicle,
The pig died of heatstroke.
With insufficient evidence, Wang Liping should not sit idly by and watch the losses expand, and dead pigs have no right to claim compensation after arriving in Kaifeng.
It cannot be established. Accordingly, zhongmou county people's court in March 2002 19:
On the morning of September 27th, 20001year, the defendant county transportation bureau detained three small four-wheeled tractors borrowed by the plaintiff Wang Liping.
It is illegal to cause the death of domestic pigs in Wang Liping by the front of the car.
The defendant County Transportation Bureau shall compensate the plaintiff Wang Liping for the economic loss of 10500 yuan within 3 days from the effective date of this judgment.
430 yuan, the legal fee, shall be borne by the defendant County Transportation Bureau.
After the verdict, neither side has
appeal
The judgment of first instance takes legal effect.