2011 年 4 18, Hangzhou, Jiangsu, Wang Ji, the first business side disputes rush. This time, Fang Ji, a macro finally got made by the Hangzhou Intermediate People's Court's administrative judgments, judgments Jianggan District People's Government decision to force removal of generous three billboard advertising companies unlawful administrative action, the verdict so that Ji Fang great big sigh of relief. Fang Ji Wang is generous person in charge of advertising, this time from the time of demolitions occurred in June 2009 for nearly 2 years, he said that he finally gains the
in the last 700 days and nights, Fang Ji, Hong demolitions around these events from more than a continuous fight the lawsuit, coming and going of various legal instruments piled half the height, shall not accept to be accepted from , from the first instance to the second trial until the verdict and then to remand, Fang Ji, Wang had never abandoned, even by some in the back called Lawsuit went now, he has an explanation from the pure, evolved into a kind of faith and war. Only because he believed - the laws are fair, just may be late, but it is definitely not less. That time the sun shone through the heavy clouds, playing in his face, but also a spring season of the.
government demolitions of billboards
Looking back from the demolitions of the causes of this fact, but from the highway under a government-led advertising campaigns artillery. Happened in June 2009, when the generous advertising company in Jiangsu area in preparation Tong Jianggan three pieces of artillery vertical roadside billboards, highway because of the need for remediation Riverside area, the district government set up the Riverside District Office of Highway Regulation ( hereinafter referred to as high the whole office), the organization of the urban management and other department is trying to tear down the three generous advertising billboards.
as a generous person in charge of party advertising companies for the Riverside District, Ji Wang expressed different views on the Government's approach, he insisted that only in the high office to produce the entire legal formalities, had just agreed to do the entire removal of the high advertising card. However, from June 11, 2009 has been a stalemate to June 17, has not been high the whole office to provide the corresponding procedures.
and many similar cases reported in the newspapers of the demolitions, for that matter the two sides back and forth to struggle, the negotiations on the occasion, June 18, 2009, the high whole organization, including Riverside District Office Administrative Law Enforcement Bureau, Riverside District Public Security Bureau, Riverside District Urban Management Office, the Riverside District majority of the Town government staff, traffic police, including dozens of joint law enforcement team, to be generous in Jiangsu billboard advertising for demolitions.
demolitions also did not produce any formalities, advertising agencies and generous staff left at the scene to stop demolitions in the course of Liu Yi was hit and later was the scene of police detention, their vehicles were left at the scene law enforcement officers smashed the vehicle was immediately detained by traffic police brigade Jianggan, of course, the scene was no suspense billboards to be removed.
rights according to the law regardless of the cost
Fang Ji, Hong combed the whole process of the demolitions of the event that the demolitions of four major problems exist in the event. One: do not remove billboards procedures; the other: the public security organs Liu Yi was hit in its employees not only find out after the fact, but to Liu Yi obstructing the grounds of his administrative detention; Third: Liu Yi was hit, the vehicle smashed wrongdoing; Fourth: the traffic police have detained the vehicle was smashed offense.
with four major problems, Fang Ji, Hong began to choose a channel for complaints, letters to local authorities, the mayor's hotline, the public security sector institutions, the complaints one by one he went, but the effect is not obvious, Are things so forget? Weapon was to him, can take some drastic measures to get things become significant, causing widespread concern in public opinion to resolve the matter. Chi square also has some sympathy for local lawyers in Hangzhou macro suggestion: look for relationships, all ways to find high-level care about, and lose money even if the reduction of point losses. How to do? Fang Ji, Hong hard to the night, to give up these recommendations and made a surprising decision: he has to by law to have a say, for at any cost.
nearly two years, Fang Ji, Wang went to Hangzhou, the number of times I have to more than 50 times, together with other evidence such as the number of people to Hangzhou, the number more than 100 times. Generous to the advertising company from Hangzhou, Zhejiang, where a round trip distance is 700 km, Fang Ji, Hong joked back and forth for the lawsuit over the Long distance, if not involved in the energy, transport costs into the lawsuit has more than 10 million.
prosecute illegal demolitions win
the first lawsuit, the event is the largest demolitions crux of billboards - demolitions are lawful. August 2009, Fang Ji, Hong Hangzhou Intermediate People's Court to the administrative complaint filed, requesting confirmation Jianggan District People's Government of 18 June 2009 billboards removed the actual loss caused 100 million and 7,500 yuan for loss of vehicles.
Hangzhou Intermediate Court, but the subsequent decision of the administrative ruling to the parties Ji Wang blow. In this (2009) Zhejiang Hangzhou No. 30 by the early word on the administrative ruling, the court found, generous advertising company filed for the compulsory removal of conduct, the fact that behavior, the prosecutor asked the court to confirm the act as illegal and to compensate for the losses, by the Chief authorities dealt with first, and generous advertising directly sue the people's court does not meet the conditions for filing administrative cases, it will not accept the case.
2009 年 9 18, Zhejiang, Jiangsu and generous advertising companies to file an administrative appeal Higher People's Court, asked the Supreme Court according to Zhejiang Provincial High Court 【2000】 8, the sixty-eighth judicial interpretation of the provisions of Article, Hangzhou Intermediate People's Court revoked the administrative ruling, the Hangzhou Intermediate People's Court filing instructions to receive and hear verdict.
this time, Ji Fang Wang won, in February 2010, Zhejiang Provincial High Court make a final ruling, the Hangzhou Intermediate People's Court designated receiving generous advertising companies filing lawsuits.
and after a relatively lengthy court trial, in September 2010, Fang Ji, Wang got the Hangzhou Intermediate People's Court of first instance verdict, verdict Jianggan District People's Government the specific administrative act as illegal, compensation at the time the vehicle was smashed repairs, but the removal of billboards is not caused by the loss of support claim.
Received the first instance verdict did not take long, generous advertising Youxiang Zhejiang Higher People's Court of Appeal, claiming the loss of removal of billboards.
2010 年 12 months, the Zhejiang Provincial High Court to make an administrative decision again to remove the Hangzhou Intermediate Court in September the administrative decision, the case which was then sent back to the Hangzhou Intermediate Court rehearing, Jan. 18, 2011, Hangzhou Intermediate People's Court to re-file the case.
2011 年 4 18, the Hangzhou Intermediate People's Court ruling Riverside Government After the billboards cost of 50 million; case acceptance fee of 50 yuan by the Riverside District government.
prosecution - not accepted - appeal - shall make the decision - first trial - appeal - retrial decision, authority administrative act as illegal, to compensate the losses caused by administrative law, Fang Ji, that such changes in the macro legal victory.
Fang Ji, in the case for the non-stop running the macro in the courts, while several other lawsuits are also in progress. July 2009, in support of the macro side Ji, Liu Yi generous advertising employees Jianggan District Public Security Bureau of Hangzhou Branch of the grounds of administrative detention is wrong, be sued, Jianggan District Court.
Liu Yi's case is also more about paradox. To escape fail, is still being dragged off beat meal. Liu Yi after the anti-law enforcement was at the scene of the Hangzhou Public Security Bureau also Jianggan District Branch on suspicion of obstructing police officers in the name of the implementation of administrative detention (November 29, 2009 Modern Express qi detailed weekly reports on this.)
after administrative detention Liu Yi, Fang Ji, Hong immediately call the hotline, the mayor of Hangzhou, Zhejiang Province Public Security Bureau, Hangzhou Public Security Bureau's telephone complaints: an act without legal procedures demolitions to stop it actually becomes obstructing! Immediately, the public security organs of the reasons for administrative detention from the
Liu Yi indicted, Jianggan District Court on September 23 in the same year made a first instance verdict, the court that the Hangzhou Public Security Bureau Riverside District branch provided sufficient evidence to prove the car intentionally hit by Liu Yi the way people, intentionally causing bodily harm, so to maintain the public security organs of the administrative penalty decision. Fang Ji, Hong Liu Yi will soon support the appeal to the Hangzhou Intermediate People's Court case, March 30, 2010, Hangzhou Intermediate People's Court made a final decision, upheld the first instance, Jianggan District Court decision.
There are 3 minor injuries, said the results of Liu Yi crashed people. they do not smashed cars not hit, Liu Yi how to drive? filing of complaints.
Buyiburao chain case
Until August 2009, Fang Ji, Wang and others got Jianggan District Management Office of the mentioned car note, the local traffic police department had just returned to the vehicle deduction. With the illegal For the same reason, the Hangzhou Public Security Bureau Traffic Police Detachment Riverside Battalion then became a defendant.
the claims were Jianggan District Court and the Hangzhou Intermediate People's Court rejected. Fang Ji, Hong then file a complaint to the Zhejiang Provincial High Court, Hangzhou, Zhejiang Provincial High Court in turn transferred to the Court review the case. May 6, 2010, Hangzhou Intermediate People's Court issued a notice dismissed Ji Fang Wang, who made an application for retrial, but the party has filed a lawsuit Wang Ji.
this point, Fang Ji, Wang and others sort out the demolitions had four major problems have been three incidents to justice, and the fourth is Liu Yi was hit, the vehicle smashed the problem, Fang Ji, Hong, etc. people start to choose the alarm, request the public security department to investigate and punish Liu Yi was hit, the vehicle smashed the case. However, the requirements of the public security organs to quickly conditions do not meet the filing of the rejected, and issued a notice of non-filing.
However, Ji Fang Wang, who studied the law and found that not a criminal case shall make no decision of the investigation after the way out. First, you can file a complaint to the court, but the court ruling soon decided to maintain the public security organs. Then they decided to bring criminal law in accordance with the relevant private prosecution. April 28, 2011, received a generous advertising Jianggan District Court sent a notice, saying the private prosecution case, the lack of materials and two private prosecutor, the defendant's identity as material to add.
addition to the first case where the generous side Ji Wang advertising company won the other three judgments from lawsuits Wang Ji, who the other negative, but Buyiburao Ji Fang Wang has not given up, to to the various legal instruments are often Ji Fang Wang's office a half the height of the heap. In addition, Fang Ji, Hong also file a complaint to the National People's Congress in Hangzhou, Hangzhou Intermediate Court on the case in the trial may have misjudged cases of the problem, start the wrong case requires accountability procedures.
is precisely because of this reason, some people in the back of the square Chi Wang called the In fact, no matter Riverside District Court in Hangzhou, Zhejiang Provincial High Court or the relevant staff, Wang Ji for the parties to this case, and Ji Fang Wang himself, is impressive.
insider evaluation of the case, said, As for my side Ji the behavior of the macro, of course, be controversial. He is in the existing law for their own rights under the law, it is far from illegal, as long as the basis for the court to deal with the relevant provisions of the law. p>
HONGKONG said that through legal rights is a very positive thing, and should be actively promoted the whole society should do. We all believe that the law only through the law to safeguard their legitimate rights and interests can reflect the value of law, reflects the
qi dialogue
more people like me, the power was not abused
Fang Ji Wang: Because I believe that the law would give me argument, at the beginning I said there are many people, and the Government did not win a lawsuit, court time and effort, not as in other ways, but I do not think so.
Fang Ji Wang: I have never agreed to mediation. I started a lawsuit for their fight for fair, and later my main purpose is to make those law enforcement a long memory. How do you say? Bring in each of the taxpayers so much money to raise so many government officials, the Government has been promoting administration according to law, then officials should by law. Let me run into things that do not according to law, I will teach them a lesson, telling them not so good 忽悠 ordinary citizens, and you do not according to law, is a price to pay. So next time they make any moves in time, we should give more consideration to take into account, and so my purpose is attained.
Fang Ji Wang: I think the reasons become clearer, France debates clear. For two years I can go all the way, was grateful for the integrity of the law, the first law in the procedure to give me enough relief mode, followed by a party to the litigation process claim, we can find the appropriate legal basis, then why not me lawsuit crushed it? And if I did not adhere to, and why I was able to get the final verdict for compensation administrative law and the result?
my suit once again proved China was about the rule of law and legal administration of the road will be wider and wider. In this way, we need to continue to pay all the citizens, let's do the masters of their own masters, the public servants to do public servants do to really change things. Today's society is a society of democracy and the rule of law, we should promote the rule of law in China, the process of a force. To have the courage to say no to those unscrupulous people and things, so behavior is corrected. Only people like me more, the abuse of public authority who will not wanton abuse of public power, administration can be fully realized.
Fang Ji, Hong: The greatest feeling is to master the weapons wherever the law will not suffer. I started this thing back and forth, many people are actually in contact attitude is very arrogant,
carrera lunette, and later we touch down, found out that my old side is also understanding, attitudes slowly began to change, do not say better to me, the most at least everything that is business of the. So I most want to thank all levels of participation in this lawsuit the Court, no matter how the court sentence, at least they are in accordance with the normal public hearing process will clear case hearing, even though I have different views on the decision, that is the law understand the problem, rather than relying on their power to force me to how to how to.
faith law is to respect the and rare. Typically, the average person run into the government administrative law, the first reaction is to look for the media, want to create public pressure. Similarly, in order to pressure the government, many people choose through such as
frustrating is that such behavior is often something to really be able to solve, but sometimes conflicts will intensify, the party became a way to deal with the problem, this is actually the greatest tragedy of the law.
Wang Ji in the side of the story, whether it is party himself, or even the courts at all levels, in Zhejiang Province to court for the Riverside District People's Government and other government departments, we are trying to frame the law solve the problem. Why is this sentence, according to which law, in the court's decision is clearly written in the instrument. To open at least from the current level of cases, we did not find too much power to interfere in the court of public phenomenon.
a modern society, should be a law of faith society, all members of society should be legal under the rules of the game that do things. Such and such, can only be achieved with the minimum cost of social justice.
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Businessman billboards by the government in favor
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