environmental shutdown

【Introduction】

In the complex game involving grassland ecological protection and corporate land rights, how to accurately break the situation through legal means and get the administrative agencies to "take action"? Recently, lawyers Wang Hejing and Liu Ping of Beijing Yingting Law Firm achieved a key victory in the case of "illegal land occupation between a lime mine and the defendant coal company".

Relying on their deep understanding of administrative law, the two lawyers successfully pushed the local Forestry and Grassland Bureau to respond to their duties, clearly defined the nature of the 8.2 hectares of land involved in the case, and transferred illegal clues to law enforcement agencies. This breakthrough not only clarified the legal boundaries between easements and grassland protection, but also laid a solid foundation for the protection of the legitimate rights and interests of the parties involved.

[Details of the case and analysis of key nodes]

This case stems from a thorny conflict over mining rights and grassland rights. The parties reported that a certain coal limited liability company had not fully obtained legal procedures in the mining areas and areas where it legally enjoyed rights and interests.servitude landThe operation was carried out within the scope, resulting in serious damage to the grassland vegetation. Faced with this complicated situation, lawyers Wang Hejing and Liu Ping were not fooled by the superficial "easement dispute", but went straight to the core - grassland ecological protection andAdministrative supervision responsibilities. Through in-depth investigation and rigorous argumentation, the legal team accurately dissected the nature of the land involved.

With the strong promotion of lawyers, the local Forestry and Grassland Bureau made a clear response to perform its duties, confirming the following key facts:

1) Accurate characterization and separation of disputes: In response to a coal company’s defense of “legal paving of roads”, the legal team assisted the administrative agency in conducting a strict verification of the nature of the land. The reply clearly pointed out that the total area involved was 8.2 hectares, of which 1.2 hectares of natural pasture were not approved and were suspected of illegal use of grassland. This is within the legal scope that the Forestry and Grassland Bureau must supervise.

2) Clarification of functions and transfer in accordance with the law: The legal team successfully guided the focus of rights protection from complex civil easement disputes to clear administrative supervision responsibilities. The Forestry and Grassland Bureau adopted the lawyer's opinion and formally transferred the illegal clues of the above-mentioned 1.2 hectares of natural pasture to the local comprehensive administrative law enforcement brigade for investigation and prosecution.

3) Clear rectification and restoration to the original state: In the performance of duty response, the offending party is ordered to immediately stop the illegal behavior, clean up the coal residue within the service area, and restore the original state and ecological functions of the grassland within a time limit.Effectively stop the illegal production operations of relevant enterprises, effectively clarify the status of land use and illegal facts involved in the case, fix the key performance basis, and lay a solid factual basis and provide strong support for the parties to carry out subsequent civil rights protection and claim legitimate rights and interests.

This reply marks a substantial staged victory in the case and provides strong legal support for the subsequent complete resolution of the problem of grassland destruction.

[In-depth interpretation and lawyer’s advice]

Lawyers Wang Hejing and Liu Ping specially suggested that when dealing with such administrative rights protection cases involving natural resources (grassland, forestland, minerals), "grasp the big ones, let go the small ones, and defeat them step by step" is the magic weapon to win. Don’t be trapped by “easements”: Many illegal land occupations will refuse rectification on the grounds of “ownership of easements” or “historical issues”.

Lawyers suggested that disputes over easements are civil and cannot be overridden by administrative supervision. As long as there is unauthorized destruction of grassland vegetation, administrative agencies must perform their investigation and punishment responsibilities. The success of this case was precisely because we accurately separated "civil easements" from "administrative illegal land occupation", forcing the administrative agencies to have no excuse.

Administrative litigation often takes time, but each administrative agency's duty performance response is valuable "reassurance." It not only confirms the existence of illegal facts, but also locks the chain of evidence for subsequent administrative penalties. The current "staged victory" of this case means that law enforcement procedures have been initiated, providing strong legal support for the final and complete solution to the problem of grassland destruction.

【Conclusion】

The representation of lawyers Wang Hejing and Liu Ping fully demonstrates the professional strength of Yingting Law Firm in handling complex administrative cases. Through professional legal dismantling, a paper application was successfully transformed into administrative duties with substantial content, which not only bought time for the parties involved, but also secured legal protection for the restoration of grassland ecology.

This caseDuty performance reply letter(Part)↓

[Lawyer in charge of this case]

Beijing Yingting Law Firm Lawyer Wang Hejing, Lawyer Liu Ping

Lawyer Wang Hejing

(Lawyer Wang Hejing)

Lawyer Wang Hejing

Beijing Yingting Law Firm Practicing Lawyer

Focus on handling major and complex cases involving cross-regional issues

Researcher, School of Institutional Studies, China University of Political Science and Law, Institute of Modern Enterprise Institutions

Mediator, Beijing Diversified Mediation Development Promotion Association

Member of Beijing Bankruptcy Law Society

(Lawyer Liu Ping)

Lawyer Liu Ping

Beijing Yingting Law Firm Practicing Lawyer

Doctor of Laws, China University of Political Science and Law

Professional lawyer for government-enterprise disputes/major and complex cases

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