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"Analysis of Victory": Administrative compulsory demolition of pig farms failed to comply with legal procedures and was found to be illegal

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Article author:Yingting Lawyers Group | Update time:2019-12-17 | Reading times:645

【Plaintiff】Yu

【Agency Law Firm】Beijing Yingting Law FirmDong Guonvlawyer

Beijing Jingping Law FirmDeng Hongxinlawyer

【Defendant】Jiangsu ProvinceA certain city people's government, a certain town people's government

【Appeal】Administrative coercion case

Brief introduction to the case

In 2015, Yu used the fishery warehouse to renovate and build a new part of the house to build a pig farm in his own wharf area. It will be put into production and operation after it is completed by the end of the year. In August 2017, the town government required Yu's pig farm to stop production on the grounds of environmental pollution. At the same time, it set up checkpoints at the main intersections of the breeding area and gradually emptied the original pig farm's stock by allowing only entry and no exit. After the pig barns of Yu's pig farm were basically emptied, the city government's "Illegal Control Office", the Environmental Protection Bureau, and the town government sent personnel to direct and organized personnel to illegally and forcibly demolish Yu's pig farm four times in early February, the end of February, mid-March, and the end of March 2018, causing heavy losses to Yu.

After communication to no avail, Yu learned that Beijing Yingting Law Firm wasEnterprise demolitionHe is relatively professional in litigation. He made an appointment with Lawyer Dong over the phone for an interview. After the interview to understand the cause and effect of the matter, and after checking the relevant information and qualifications provided by Yu, the Yingting lawyer team explained to Yu the legal basis and ideas for defending his rights. After Yu knew the scope of his rights and the professionalism of the Yingting lawyer team, he decided to entrust Yingtingdemolition lawyerThe team represented her in the demolition and rights protection case. The case was personally hosted by lawyer Dong Guonv, and both parties signed an entrustment agreement.

After accepting the entrustment, the Yingting legal team quickly set up a task force to conduct further internal discussion and analysis of the materials, investigate and collect evidence on the necessary information, and after obtaining key evidence, filed relevant administrative litigation. Lawyer Ying Ting pointed out that without the legal authority to force the demolition of aquaculture and rough chemical industries, there is no legal or factual basis for the demolition. Before carrying out the administrative compulsory demolition, he did not fulfill legal procedures, did not make any administrative decision on Yu, and did not give Yu the right to make a statement and defence. His administrative behavior was illegal.
Win the case

In the end, the court supported lawyer Ying Ting’s view and ruled that the defendant’s forced demolition of the plaintiff’s pig farm by the People’s Government of a certain city and town in Zhejiang Province was illegal;





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