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Article introduction: In April 1989, the "Administrative Procedure Law of the People's Republic of China" was promulgated. By 2019, this law will be fullyImplemented30 years. These 10 administrative litigation cases have promoted the government's administration according to law and the progress of the country's rule of law.

Part One: 10 epoch-making administrative litigation cases

1. Shenzhen Xiancheng Building cancellation and liquidation case.

2. Tian Yong sued the University of Science and Technology Beijing for refusing to issue graduation certificates and degree certificates.

3. Zhang Xian sued the Wuhu Personnel Bureau for canceling the examination qualification.

4. Li Bo and Zhang Ping sued Huimin County Government of Shandong Province for compensation for forced demolition.

5. Environmental administrative public interest litigation case brought by the Procuratorate of Liuzhi Special Administrative Region of Guizhou Province against the Dingqi Town Government of Zhenning County.

6. Liu Zirong’s work-related injury determination case with the Labor Bureau of Miquan City, Xinjiang.

7. The "Virgin Whoring" Case in Xianyang City.

8. Environmental Information Disclosure Case of China Environmental Protection Federation v. Environmental Protection Bureau of Xiuwen County, Guizhou Province.

9. The smuggling case of Taiwan’s “Everbright No. 2” vessel.

10. Ren Jianguo’s objection to the decision on reeducation through labor.

Part Two: Regarding the case of Li Bo and Zhang Ping suing the Huimin County Government of Shandong Province for compensation for forced demolition, it triggered an in-depth discussion on land acquisition and demolition cases. The Yingting Demolition Group has always paid close attention to such administrative cases with social influence. The following are similar cases that Yingting has handled. Everyone is welcome to participate in the discussion.

1. During the construction of Beijing's "Greater Seventh Ring Road" expressway, a building materials company defended its rights and settled the case within 9 days of entrustment. The expressway eventually bypassed the company and satisfied the business owner's demands without demolition.

2. The APEC meeting in Beijing resulted in the demolition of a building materials market. The government compensated according to collective enterprise standards. After rights protection, the enterprise was finally recognized as a commercial house on state-owned land, and the compensation standard was increased several times.

3. A Taiwanese-invested enterprise in Beijing acquired land through transfer and was unable to construct due to planning changes. After three years of rights protection, the district government finally agreed to expropriate the land at market prices, with a compensation amount of more than 300 million yuan.

4. A company in Taiyuan purchased a house restructured by a state-owned enterprise. The house was finally recognized as a commercial house, and the total compensation increased by 34 times.

5. A well-known domestic food company in Baotou was demolished, and the state-owned land compensation ultimately exceeded the market auction price by 20%.

6. For the demolition of a building materials company in Baoding, in addition to monetary compensation, more than 80 acres of state-owned construction land were finally obtained as resettlement compensation for development.

7. After a large shipbuilding company in Ningde cooperated with the government to obtain land and put it into production, the government introduced new projects and preliminarily evicted the shipbuilding company. After three months of rights protection, the provincial government attached great importance to it and finally received satisfactory compensation in accordance with the law.

8. An auto parts manufacturing company in Nanping (secondary automobile supplier) needed to demolish an urban road. After safeguarding its rights, the road was re-planned to bypass the company, and the business owner's request was not to be demolished.

9. A clothing processing company in Quanzhou was demolished during the construction of the Fuzhou-Xiamen High-speed Railway. After safeguarding its rights, the government actively negotiated and the compensation amount was increased from 45 million yuan to 90 million yuan.

10 A real estate development company in Qingyuan had a dispute during the land transfer process. During the rights protection process, it won all 4 litigation cases and 1 arbitration case, and successfully safeguarded the rights of 350 million assets.

11. A carton processing company in Zunyi (supplier of Maotai liquor) provided consulting services at the beginning of the demolition, checked for leaks and filled in the gaps, and finally received satisfactory compensation.

12. A commercial enterprise with a facade in an urban village in Langfang was demolished due to real estate development and was finally determined to be compensated in accordance with the compensation standards for houses on state-owned land.

13. A foundry company in Tangshan was unable to continue production due to an error in the government's issuance of a state-owned land certificate. After safeguarding its rights, the government actively negotiated for reissue procedures and promised compensation to avoid a loss of 130 million yuan.

14. A logistics company in Shijiazhuang, covering an area of ​​3,000 acres, was demolished due to county government policy adjustments. After two years of rights protection, the court finally ruled that the government should compensate according to law to avoid a loss of 300 million yuan.

15. For a garment company in Zhengzhou, the final compensation was increased by 5 million yuan due to the demolition of Shangdeng Expressway.

16. A refractory material company in Zhengzhou was given a compensation of 20 million yuan due to the demolition required for the construction of the Shangdeng Expressway. After Yingting defended his rights, the leaders of the provincial party committee and government attached great importance to it. The final compensation amount reached 28 million yuan, and he received resettlement compensation of 100 acres of industrial land, worth more than 30 million yuan.

17. A real estate company in Zhengzhou operates a second-hand car market of more than 100,000 square meters. Due to urban construction and demolition, it took five years to defend its rights. Leaders of the provincial party committee and government attached great importance to it. In the end, the court confirmed that the government violated the law and the compensation amount exceeded 1 billion yuan.

18. A building materials company in Wuhan, due to the renovation and demolition of a village in the city, was treated as illegal demolition, and it was finally determined that the company's houses were compensated according to legal standards.

19. A breeding enterprise in Nantong needed to be demolished due to environmental protection. After safeguarding its rights, it was confirmed that the government's demolition was illegal and compensation was obtained in accordance with the law.

20. A commercial house with a street frontage of more than 5,000 square meters in Xuzhou was demolished due to urban construction. The compensation standard was 6,000 yuan/square meter, which was significantly lower than the market price. After safeguarding the rights, the court revoked the expropriation decision and re-expropriated the house with a compensation standard of 30,000 yuan/square meter. The High Court ruled to compensate for the business losses during the two expropriations.

21. A certain cemetery operating company in Jining needed to take back the land due to urban development, and only compensated the ground objects. After safeguarding their rights, the government took back the land according to the market price according to the law.

22. An agricultural cooperative in Ji'an was not compensated for the price of fruit trees during land expropriation. After safeguarding its rights, the compensation standard was increased several times and the company received satisfactory compensation.

23. The government required the construction of a 4,000-square-meter seaside hotel in Dalian, but the formalities were not completed due to historical reasons. Since the Luneng Real Estate commercial complex development needed to be demolished, the government only compensated according to collective standards. After rights protection, compensation was based on commercial houses on state-owned land, and the compensation amount was increased several times.

24. A hydraulic company in Fushun signed a state-owned land transfer contract with the government for the resettlement land after the demolition of the original factory building, but failed to actually provide the land for two years. After safeguarding its rights, the court determined that the government had breached the contract and compensated the company for all losses.

25. A high-tech building materials company in Baotou was demolished due to urban construction. The compensation standards for the demolition of state-owned land enterprises were based on collective land compensation. After safeguarding their rights, they settled through negotiation and obtained legal and satisfactory compensation.

26. A food processing company in Guyuan needed to be demolished due to real estate development. After rights protection, compensation for losses from production and business suspension and compensation for house replacement were increased.

27. A certain commercial enterprise in Texas was demolished due to railway bridge construction. After safeguarding its rights, the government actively negotiated a settlement and finally received satisfactory compensation.

28. A well-known ceramic factory in Dezhou was demolished due to the construction and demolition of the Shijiazhuang-Jiji high-speed rail project. It purchased a state-owned enterprise and was recognized as collective land and buildings for compensation. After safeguarding its rights, provincial government leaders attached great importance to it and finally compensated it according to the standard of houses on state-owned land. The compensation amount was doubled to 90 million yuan.

29. A steel structure company in Liaocheng was determined to be an illegal building due to urban construction demolition. After safeguarding its rights, it was determined to be a legal building and compensated according to law.

30. A real estate company in Weihai purchased a factory restructured by a state-owned enterprise and was compensated according to the standards for collective housing. After safeguarding its rights, the compensation was based on the standards for houses on state-owned land.

31. A coking company in Luliang received a compensation standard of 12 million yuan due to the construction and demolition of an industrial park. After safeguarding its rights, the government actively negotiated and evaluated, and the final compensation was 27 million yuan.

32. A 3,000-square-meter commercial house in Taiyuan was demolished due to urban road construction. The compensation amount was only a few hundred yuan per square meter. After Yingting defended his rights, the court revoked the road planning and construction approval documents. The court confirmed that the demolition was illegal and compensation was provided in accordance with the law.

33. A biotechnology company in Changzhi was demolished during the Tajiao high-speed railway construction and was only compensated according to collective ground property standards. After safeguarding its rights, it was agreed to increase compensation for losses caused by suspension of production and business and raise the ground property compensation standard.

34. A pasta processing company in Baoji was demolished due to highway construction. After investigation and evidence collection, the government actively negotiated and finally received legal compensation.

35. A gas station in Xi'an was demolished due to urban construction. After safeguarding its rights and providing compensation in accordance with the law, the government agreed to relocate and build the gas station.

36. A processing company in Shanghai needed to be demolished due to real estate development and construction. After signing a compensation agreement, the government delayed in providing the land for resettlement. After safeguarding its rights, the court ruled that the government had breached the contract and required compensation for breach of contract losses.

37. 200 industrial enterprises in Urumqi were demolished due to urban construction and were treated as illegal construction. After safeguarding their rights, they were compensated as legal construction, with a total amount of several billion yuan.

38. An export-oriented pharmaceutical company in Huzhou rented a state-owned enterprise factory for production. Urban construction required demolition, and it was only given relocation fees. After rights protection, the government compensation increased the compensation for the loss of production and business suspension, of which the liquidated damages alone amounted to 60 million yuan.

39. A university science and technology enterprise in Hangzhou needed to be demolished due to urban development. It only paid compensation for the factory building. After safeguarding its rights, it increased the compensation for losses due to production and business suspension.

40. A university chemical company in Nantong was relocated due to environmental protection needs, and the relocation fee was less than 100 million yuan. After safeguarding the rights, the government actively coordinated and increased the compensation to 150 million yuan, and also provided land resettlement compensation.

41. A rice processing enterprise in Jiaxing needed to be demolished due to river reconstruction. After safeguarding its rights, it issued a legal opinion. Government leaders attached great importance to it and actively coordinated to obtain satisfactory compensation.

42. A large hotel in Ningbo purchased a state-owned enterprise house for commercial use, and the government only compensated it according to factory building standards. After safeguarding its rights, after detailed investigation and evidence collection, it obtained evidence that the enterprise paid land use fees according to commercial land, and finally compensated according to the commercial house on state-owned land, and the compensation was increased by tens of millions.

43. A chemical company in Wenzhou was compensated based on cost price due to the demolition of the Ningbo-Taiwan Expressway construction. After safeguarding its rights, the court confirmed that the county government's demolition was illegal and the compensation was increased in accordance with the law.

Each case has a story. If your company has encountered similar problems, you can leave a comment or send a private message to express your views and questions.

Yingting reminds you:

1. According to the provisions of the "Mineral Resources Law of the People's Republic of China", "Land Management Law", "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" and other laws, for the needs of the public interest, if the houses of entities and individuals on state-owned land are expropriated, fair compensation should be given to the owners of the expropriated houses (the expropriated persons). The municipal and county-level governments that make the decision to expropriate houses shall provide compensation to the expropriated persons, including: compensation for the value of the expropriated houses; compensation for relocation and temporary resettlement caused by the expropriation of houses; compensation for losses caused by suspension of production and business due to house expropriation; compensation for ground attachments; compensation for young crops; subsidies and rewards, etc. When expropriating personal residences, if the expropriated person meets the conditions for housing security, the people's government at the city or county level that makes the decision to expropriate the house shall give priority to housing security. Therefore, if land is acquired for reservoir construction, reasonable resettlement compensation should be given to the immigrants, which can include housing compensation, monetary compensation, social security, and employment provision.

2. According to Article 14 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, if the expropriated person is dissatisfied with the house expropriation decision made by the people's government at the municipal or county level, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Therefore, when you believe that your legitimate rights and interests have been infringed, you can seek legal relief through administrative litigation and administrative reconsideration as soon as possible. According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.

3. If mineral resources and mining rights are overturned during the land acquisition process, the relevant departments should make a reasonable assessment, properly handle the mineral rights issues, and provide reasonable compensation to the mining companies.