Yingting news

Administrative ruling on the authorization case between Chen Moumou and Changshun County People's Government

Release date: 2016-02-18

Guizhou Provincial Higher People's Court

Administrative ruling

(2015) Qiangao Lixingzhongzi No. 198

The appellant (the prosecutor in the original trial) Chen Moumou, male, was born on January 19, 1947, of the Buyi ethnic group, and lived in Songna Group, Ganba Village, Baiyun Town, Changshun County, Guizhou Province.

The appellee (defendant in the original trial) Changshun County People's Government, domiciled in Changzhai Town, Changshun County.

Legal representative Li Youjun, county magistrate.

Chen Moumou sued the Changshun County People's Government for authorization. He was dissatisfied with the (2015) Qiannan Lixingchu Zi No. 38 administrative ruling issued by the Intermediate People's Court of Qiandongnan Buyi and Miao Autonomous Prefecture, Guizhou Province, and appealed to this court.

The appellant Chen Moumou appealed, claiming that the "Qianqiao Reservoir Relocation Notice" authorized by the Changshun County People's Government was an administrative act involving the rights and obligations of citizens' entities and was actionable. Request to revoke the administrative ruling (2015) Qiannan Lixingchuzi No. 38 of the Intermediate People’s Court of Guizhou Province Qiannan Buyi and Miao Autonomous Prefecture

After review, this court believes that on July 9, 2015, it received the "Qianqiao Reservoir Relocation Notice" (hereinafter referred to as the "Notice") issued by the People's Government of Baiyunshan Town, Changshun County, requiring the plaintiff to move the grave located in the stockyard before July 15, 2015. If the plaintiff fails to move within the required time, the grave will be forcibly relocated. This "Notice" is a compulsory administrative act made by the administrative agency against the appellant Chen Moumou in the process of exercising its state administrative powers, and has had an actual impact on the rights and obligations of the appellant Chen Moumou. According to Article 1 of the "Notice": "Citizens, legal persons or other organizations believe that the administrative agency If the specific administrative actions of administrative agency staff infringe upon their legitimate rights and interests, they have the right to file a lawsuit with the People's Court in accordance with this Law. "The appellant Chen Moumou's petition to revoke the "Notice" authorized by the Changshun County People's Government falls within the scope of the People's Court's administrative litigation, and his lawsuit meets the statutory conditions.

In summary, the reason for the appeal of the appellant Chen Moumou is established and this court supports it in accordance with the law. The court of first instance made an error in ruling to reject the prosecution of the appellant Chen Moumou, and this court corrected it in accordance with the law. In accordance with the provisions of Article 1 of "", the ruling in this case is as follows:

1. Revoke the Administrative Ruling No. 38 of Qiannan Lixingchuzi (2015) of the Intermediate People’s Court of Guizhou Province Qiannan Buyi and Miao Autonomous Prefecture;

2. The Intermediate People’s Court of Qiannan Buyi and Miao Autonomous Prefecture in Guizhou Province will accept the lawsuit against Chen Moumou.

Chief Judge Li Lina

Acting Judge Wu Baolin

Acting Judge Yan Huawei