Government-enterprise disputes

Hu Moumou and Changxing County People’s Government First Instance Administrative Judgment

Huzhou Intermediate People's Court of Zhejiang Province

administrative judgment

(2015) Zhehuxingchuzi No. 6

Plaintiff: Hu Moumou,

Authorized agent: Wang Qingfeng, lawyer at Beijing Yingting Law Firm.

Authorized agent: Gu Dongqing, lawyer at Beijing Shengting Law Firm

Defendant: Changxing County People's Government, domiciled at No. 1, Guangzhou Road, Longshan New District, Changxing County.

Legal representative: Zhou Weibing, acting county magistrate.

Authorized agent: Bao Wenbin, staff member of the Legal Affairs Office of Changxing County People’s Government.

Authorized agent: Xu Zhirong, lawyer at Zhejiang Xingchang Law Firm.

The plaintiff Hu Moumou sued the defendant Changxing County People's Government for land government information disclosure. The plaintiff filed an administrative lawsuit with this court on December 24, 2014. After accepting the case on the same day, this court served the defendant with a copy of the complaint, a notice of response and a notice of evidence in accordance with the law. The defendant submitted a defense statement and the evidence and legal basis for specific administrative actions to this court within the statutory period. This court formed a collegial panel in accordance with the law and held a public hearing on January 28, 2015. The plaintiff Hu Moumou and his agent Wang Qingfeng, and the defendants' agents Xu Zhirong and Bao Wenbin of the Changxing County People's Government attended the court to participate in the lawsuit. This case has now been concluded.

The plaintiff filed a government information disclosure application with the defendant on July 11, 2014, requesting the disclosure of the implementation status of the land acquisition compensation funds issued by the Zhejiang Provincial People's Government Zhetu Zhenglizi (2012)-0070 Land Acquisition Approval. On July 31, 2014, the defendant issued a notice of government information disclosure, informing the plaintiff: After review, the government information you applied for disclosure is not information produced or obtained by this agency. You can apply for relevant government information to the People's Government of Jiapu Town, Changxing County. The contact number is: 0572-6016032. The plaintiff was dissatisfied with the above-mentioned disclosure of government information made by the defendant and applied for administrative reconsideration to the Huzhou Municipal People's Government. The Huzhou Municipal People's Government issued an administrative reconsideration decision of Hu Zheng Fu Jue Zi (2014) No. 38 on October 29, 2014. The plaintiff was dissatisfied and filed an administrative lawsuit with this court.

The defendant provided this court with evidence of government information disclosure within the statutory period: 1. Government Information Disclosure Application Form, proving that the plaintiff submitted an application for government information disclosure on July 11, 2014; 2. Power of Attorney, proving that the plaintiff entrusted a lawyer to send and receive relevant legal documents; 3. Government Letter Information disclosure notice, proving that the defendant notified the plaintiff of the content of the application; 4. Mail inquiry sheet, proving that the defendant mailed the notice to the plaintiff’s address after it was issued; 5. Administrative review decision letter No. 38 of Hu Zheng Fu Jue Zi (2014), proving that the review agency maintained notification of specific administrative actions. The defendant provided this court with the legal basis for government information disclosure within the statutory period: 1. Article 21 and 24 of the "Regulations of the People's Republic of China on Government Information Disclosure"; 2. Article 20 of the "Interim Measures for Government Information Disclosure of Zhejiang Province".

The plaintiff claimed that in July 2014, the plaintiff applied to the defendant for information disclosure on "the implementation of the land acquisition compensation payment issued by the Zhejiang Provincial People's Government in the Zhejiang Provincial People's Government's Zhetu Zhenglizi (2012)-0070 Land Acquisition Approval". On August 1, 2014, the defendant received an information that was not produced or obtained by the agency. In response to the information obtained, the plaintiff believed that notification of the distribution of land acquisition funds was a statutory disclosure obligation stipulated in Article 11, paragraph 3, of the "Regulations on Government Information Disclosure of the People's Republic of China". Therefore, the defendant violated the provisions of the Information Disclosure Regulations, failed to perform relevant notification obligations, and violated citizens' right to know. After the plaintiff applied for administrative reconsideration, he received the administrative reconsideration decision No. 38 (2014) Huzhengfujuezi (2014) of the Huzhou Municipal People's Government on November 4, 2014. The plaintiff was dissatisfied and filed a lawsuit in court. Request the court to revoke the government information disclosure reply made by the defendant and make a new reply.

The plaintiff submitted the following evidence materials to this court: 1. Government Information Disclosure Notification, proving that the defendant had made a government information disclosure response; 2. Hu Zhengfujuezi (2014) No. 38 Administrative Review Decision, proving that the plaintiff had applied for administrative review in response to government information disclosure.

The defendant argued that the defendant’s Government Information Disclosure Office received the plaintiff’s government information disclosure application on July 17, 2014. The application content was to disclose “the implementation status of the payment of land acquisition compensation funds issued by the Zhejiang Provincial People’s Government in the land acquisition approval No. Zhetu Zhenglizi (2012)-0070.” On July 31, 2014, the defendant responded to the plaintiff, informing the plaintiff that "after review, the government information you applied for disclosure was not information produced or obtained by this agency. You can apply for relevant government information to the People's Government of Jiapu Town, Changxing County, contact number: 0572-6016032." At the same time, the plaintiff is informed that if he is not satisfied with this notice, he can apply for administrative reconsideration and file a lawsuit. The plaintiff applied for administrative reconsideration to the Huzhou Municipal People's Government, and the Huzhou Municipal People's Government issued an administrative reconsideration decision Hu Zheng Fu Jue Zi (2014) No. 38, upholding the defendant's specific administrative actions. Therefore, the defendant found that the facts of the plaintiff’s disclosure of government information were clear, the applicable law was correct, the procedure was legal, and the content was appropriate, and requested the court to reject the plaintiff’s claim.

After cross-examination in court, this court made the following determinations on the evidence submitted by the plaintiff and defendant: The plaintiff had no objection to the evidence 1-5 submitted by the defendant, and this court confirmed it. Evidence 1 and 2 submitted by the plaintiff are consistent with evidence 3 and 5 submitted by the defendant, so this court will not make repeated determinations.

After trial, it was found that on July 11, 2014, the plaintiff filed a government information disclosure application with the defendant, requesting the disclosure of the implementation status of the land acquisition compensation funds issued by the Zhejiang Provincial People's Government Zhetu Zhenglizi (2012)-0070 Land Acquisition Approval. On July 31, 2014, the defendant issued a notice of government information disclosure, informing the plaintiff: After review, the government information you applied for disclosure is not information produced or obtained by this agency. You can apply for relevant government information to the People's Government of Jiapu Town, Changxing County. The contact number is: 0572-6016032. The defendant mailed the notice to the plaintiff on the day it was made. The plaintiff received this notice on August 1, 2014. Because he was dissatisfied with the above-mentioned government information disclosure notification made by the defendant, he applied to the Huzhou Municipal People's Government for administrative reconsideration. On October 29, 2014, the Huzhou Municipal People's Government issued an administrative review decision of Hu Zheng Fu Jue Zi (2014) No. 38, upholding the specific administrative action of the defendant on government information disclosure. The plaintiff was not satisfied and filed an administrative lawsuit with this court.

This court held that according to the provisions of Articles 4 and 13 of the "Regulations of the People's Republic of China on Government Information Disclosure", the defendant has the statutory duty to accept applications for government information disclosure and make corresponding replies. Item (3) of Article 11 of the Regulations of the People's Republic of China on the Disclosure of Government Information stipulates that the key government information disclosed by the people's government at the districted city level, the people's government at the county level and their departments shall also include the expropriation or acquisition of land, house demolition and the issuance and use of compensation and subsidies. Article 21 (1) of the Regulations of the People's Republic of China on Government Information Disclosure stipulates that if the government information applied for disclosure falls within the scope of disclosure, the administrative agency shall inform the applicant of the methods and channels for obtaining the government information. In this case, the government information on the implementation of land acquisition compensation in the Zhejiang Provincial People's Government's land acquisition approval No. Zhetu Zhenglizi (2012)-0070 is content that the defendant should proactively disclose. It is obviously inappropriate for the defendant to refuse to disclose the government information on the grounds that it was not produced or obtained by it. Accordingly, in accordance with the provisions of Article 54, Item (2), Item 2, of the Administrative Litigation Law of the People's Republic of China and Article 9, Paragraph 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases concerning Government Information Disclosure, the judgment is as follows:

1. Revoke the specific administrative act of the defendant Changxing County People’s Government in issuing a government information disclosure notice on July 11, 2014;

2. The defendant Changxing County People's Government shall make a new written reply within 30 days from the date of entry into force of this judgment.

The case acceptance fee of RMB 50 shall be borne by the defendant Changxing County People's Government.

If you are dissatisfied with this judgment, you can submit an appeal to this court within fifteen days from the date of delivery of the judgment, and submit copies according to the number of opposing parties, and appeal to the Zhejiang Higher People's Court. [Within seven days from the date of submission of the appeal, the appeal case acceptance fee of 50 yuan must be paid in advance and remitted to the Higher People's Court of Zhejiang Province. Account name: Zhejiang Provincial Department of Finance's non-tax income settlement branch; account opening bank: Agricultural Bank of China Xihu Branch; account number: 39×××75; unit code: 515001)

Chief Judge Tang Zhengqiang

Acting Judge Guan Fusheng

Acting Judge Shen Yi

February 4, 2015

Secretary Ling Lieni