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Winning Case 1022: Lawyer Lu Yongqiang represented Cangnan County Dongxing Chemical Co., Ltd. against the defendants Cangnan County Qianku Town People’s Government and Cangnan County People’s Governme
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Article author：Yingting Lawyers Group | Update time：2019-04-25 | Reading times：1338
Winning cases 1022: Represented by Lawyer Lu YongqiangCangnan County Dongxing Chemical Co., Ltd. sued the defendants Cangnan County Qianku Town People’s Government and Cangnan County People’s Government for administrative enforcement of city construction
[Summary of the case]
The plaintiff, Dongxing Chemical Company, was founded in 2004 and mainly deals in hazardous chemicals. Due to the double-track construction of the expressway, the collective land where the factory is located needs to be expropriated. The plaintiff actively negotiated a compensation plan with the defendant, but no compensation and resettlement agreement was reached. In this case, the Cangnan County Government made a decision in the meeting minutes, and the county government organized and implemented it. On April 28, 2017, the plaintiff’s factory and warehouse were forcibly demolished. The plaintiff believed that the administrative actions of the defendants Qianku Government and Cangnan County Government in forcibly demolishing the plaintiff's factory were illegal, and therefore filed a lawsuit with the court.
[Style in handling cases]
The litigation attorney in this case is Lawyer Lu Yongqiang, who is a senior partner lawyer at Beijing Yingtong Law Firm. Lawyer Lu Yongqiang has nearly 10 years of experience in administrative litigation. During the trial of this case, in order to effectively protect the client's legitimate rights and interests, lawyer Lu Yongqiang carefully analyzed the case, found out the proof ideas, and formed a complete chain of evidence to prove the facts to be determined in this case. Finally, he was recognized by the court and obtained a winning judgment.
[Significance of the case]
There are two main points of dispute in this case.
(1) The defendant Cangnan County Government believes that it does not meet the qualifications as a subject in this case. After accepting the plaintiff's entrustment, lawyer Lu Yongqiang conducted a series of investigations and evidence collection. He collected and organized photos of highway headquarters staff at the scene when the factory involved in the case was demolished, screenshots of news released by the Qianku Town Government, and other evidence. Finally, based on the court's statements, the court determined that the Cangnan County Government met the qualifications of the defendant in this case.
(2) The defendant Qianku Town Government of Cangnan County believes that it has fulfilled its obligation to notify before forced demolition. Lawyer Lu Yongqiang pointed out during the trial that according to Article 35 of the "Administrative Enforcement Law of the People's Republic of China", before the administrative agency makes an enforcement decision, it should urge the parties to perform their obligations in advance; Article 44 stipulates that if illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement and set a time limit for the parties to dismantle them themselves; if the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and do not demolish it, the administrative agency may force the demolition in accordance with the law. In this case, although the Qianku Town Government posted a notice, the notice was an act of administrative guidance and there was no legal agreement for the parties involved. The defendant directly carried out forced demolition without urging the parties to make a complaint in accordance with the above provisions, hearing the parties' statements and defense opinions, and without imposing administrative penalties from the competent authorities. The procedures were illegal. The court finally adopted lawyer Lu Yongqiang’s opinion and ruled in favor of the plaintiff.
【Winning Judgment】
——For detailed judgments, please log in to the Supreme People’s Court’s Judgment Documents website
[Reason for entrusting Yingting]
Lawyer Lu Yongqiang is the founder and deputy director lawyer of Beijing Yingting Law Firm, a member of the Beijing Lawyers Association, and a member of the All-China Lawyers Association. Lawyer Lu is an outstanding professional lawyer in administrative litigation and rights protection in the industry. He is one of the earliest lawyers in the industry specializing in administrative litigation and corporate demolition compensation cases. He is the founder of the corporate demolition lawyer group. He has a solid legal theoretical foundation and rich practical experience. The business he has represented for nearly 10 years has been interviewed and reported by many media such as "People's Daily Online", "Legal Network", "China Enterprise Network", "Xinhuanet", "Jinghuanet" and other media. Known as "a professional lawyer for corporate demolition and rights protection" and "a lawyer for corporate demolition and rights protection trusted by business owners".
Beijing Yingtong Law Firm is a professional law firm approved by the Justice Bureau of Haidian District, Beijing, focusing on administrative litigation, land expropriation, house demolition, corporate demolition, government-enterprise dispute resolution and other fields. Lawyer Dong Guonv, the director of our firm, has accumulated rich practical experience in the 16 years of case handling since she started practicing law in 2002. She has established a professional team of lawyers with superb professional capabilities, profound theoretical foundation, and rich practical experience as the core. She has safeguarded the legal rights of countless parties, established a good reputation among clients in various provinces and cities across the country, and made positive contributions to the development of social rule of law.
[Summary of the case]
The plaintiff, Dongxing Chemical Company, was founded in 2004 and mainly deals in hazardous chemicals. Due to the double-track construction of the expressway, the collective land where the factory is located needs to be expropriated. The plaintiff actively negotiated a compensation plan with the defendant, but no compensation and resettlement agreement was reached. In this case, the Cangnan County Government made a decision in the meeting minutes, and the county government organized and implemented it. On April 28, 2017, the plaintiff’s factory and warehouse were forcibly demolished. The plaintiff believed that the administrative actions of the defendants Qianku Government and Cangnan County Government in forcibly demolishing the plaintiff's factory were illegal, and therefore filed a lawsuit with the court.
[Style in handling cases]
The litigation attorney in this case is Lawyer Lu Yongqiang, who is a senior partner lawyer at Beijing Yingtong Law Firm. Lawyer Lu Yongqiang has nearly 10 years of experience in administrative litigation. During the trial of this case, in order to effectively protect the client's legitimate rights and interests, lawyer Lu Yongqiang carefully analyzed the case, found out the proof ideas, and formed a complete chain of evidence to prove the facts to be determined in this case. Finally, he was recognized by the court and obtained a winning judgment.
[Significance of the case]
There are two main points of dispute in this case.
(1) The defendant Cangnan County Government believes that it does not meet the qualifications as a subject in this case. After accepting the plaintiff's entrustment, lawyer Lu Yongqiang conducted a series of investigations and evidence collection. He collected and organized photos of highway headquarters staff at the scene when the factory involved in the case was demolished, screenshots of news released by the Qianku Town Government, and other evidence. Finally, based on the court's statements, the court determined that the Cangnan County Government met the qualifications of the defendant in this case.
(2) The defendant Qianku Town Government of Cangnan County believes that it has fulfilled its obligation to notify before forced demolition. Lawyer Lu Yongqiang pointed out during the trial that according to Article 35 of the "Administrative Enforcement Law of the People's Republic of China", before the administrative agency makes an enforcement decision, it should urge the parties to perform their obligations in advance; Article 44 stipulates that if illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement and set a time limit for the parties to dismantle them themselves; if the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory period, and do not demolish it, the administrative agency may force the demolition in accordance with the law. In this case, although the Qianku Town Government posted a notice, the notice was an act of administrative guidance and there was no legal agreement for the parties involved. The defendant directly carried out forced demolition without urging the parties to make a complaint in accordance with the above provisions, hearing the parties' statements and defense opinions, and without imposing administrative penalties from the competent authorities. The procedures were illegal. The court finally adopted lawyer Lu Yongqiang’s opinion and ruled in favor of the plaintiff.
【Winning Judgment】
[Reason for entrusting Yingting]
Lawyer Lu Yongqiang is the founder and deputy director lawyer of Beijing Yingting Law Firm, a member of the Beijing Lawyers Association, and a member of the All-China Lawyers Association. Lawyer Lu is an outstanding professional lawyer in administrative litigation and rights protection in the industry. He is one of the earliest lawyers in the industry specializing in administrative litigation and corporate demolition compensation cases. He is the founder of the corporate demolition lawyer group. He has a solid legal theoretical foundation and rich practical experience. The business he has represented for nearly 10 years has been interviewed and reported by many media such as "People's Daily Online", "Legal Network", "China Enterprise Network", "Xinhuanet", "Jinghuanet" and other media. Known as "a professional lawyer for corporate demolition and rights protection" and "a lawyer for corporate demolition and rights protection trusted by business owners".
Beijing Yingtong Law Firm is a professional law firm approved by the Justice Bureau of Haidian District, Beijing, focusing on administrative litigation, land expropriation, house demolition, corporate demolition, government-enterprise dispute resolution and other fields. Lawyer Dong Guonv, the director of our firm, has accumulated rich practical experience in the 16 years of case handling since she started practicing law in 2002. She has established a professional team of lawyers with superb professional capabilities, profound theoretical foundation, and rich practical experience as the core. She has safeguarded the legal rights of countless parties, established a good reputation among clients in various provinces and cities across the country, and made positive contributions to the development of social rule of law.
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