Pizhou Runcheng Group Recruitment Information

Sun Sheng, a villager in Chenlou Town, Pizhou City, Jiangsu Province, has always been difficult to file a civil or administrative lawsuit.

Sun Sheng used to run a gas station in Donghu Street, Pizhou City. In 20 14, because Pizhou municipal government needed to occupy the land rented by the gas station to implement "Yi Yin Runcheng" and Nanjing Road North Extension Project, Sun Sheng gas station could not continue to operate. In order to reduce expenses, the Pizhou Municipal Government worked with Sun Sheng for many times through relatives in Sun Sheng, and finally reached a plan that the government compensated less than 4 million yuan and helped Sun Sheng to build a gas station in a certain range.

At first, the implementation of the agreement went smoothly. Sun Sheng received the compensation, and with the assistance of the donghu street office, he re-selected the address at his own expense and went through the relevant formalities. However, in the process of listing and transferring the right to use key construction land, because the words "demolition and resettlement" were not marked in the transfer announcement, many units participated in the bidding, and Sun Sheng was asked to withdraw during the bidding process. In the end, this land was won by Sinopec Jiangsu Xuzhou Petroleum Company for 348 1.65 million yuan. It is worth mentioning that the starting price of this plot is only 3 10.65 million yuan.

"The cooked duck flew." After many unsuccessful negotiations with the municipal government, Sun Sheng filed a civil lawsuit, suing the Pizhou Municipal Government to the court, demanding that the Pizhou Municipal Government compensate for its losses. After the Xuzhou Intermediate People's Court ruled that the case was tried by the xinyi city court. The transcript of the trial shows that during the trial in xinyi city, the Pizhou Municipal Government stated three times that the case was "within the scope of administrative litigation" and "within the scope of accepting cases in administrative litigation".

After Sun Sheng withdrew the lawsuit, he filed an administrative lawsuit with Xuzhou Intermediate People's Court, and Xuzhou Intermediate People's Court filed an administrative lawsuit. On February 6, 2022, 65438, the Pizhou Municipal Government argued in court that "this case does not belong to the scope of administrative litigation". The presiding judge said that after the court's research, it belongs to the scope of administrative litigation and will be notified separately; If not, the collegial panel will make a judgment according to law.

On the evening of 12 and 16, the staff of donghu street office replied to this article, saying that the agreement signed between Sun Sheng and the office only stipulated the office's obligation of "assistance and coordination", which was "priority" rather than "necessity", so the office's obligation had been fulfilled. Sun Sheng's failure to bid for land was not due to the breach of contract by the office.

When the gas station was demolished, the street office promised to "help the relocation"

Sun Sheng told the newspaper that in April of 20 1 1, he rented the homestead of Chen Mou, a villager in Zuodong Village, donghu street, Pizhou City, to run the "Oriental" gas station. The two parties agreed that "if the public planning needs to be demolished, the land compensation shall be owned by Party A". Sun Sheng introduced that the "Dongfang" gas station was put into operation in June of 20 1/year, with an annual profit of110,000 yuan.

20 13 Pizhou municipal government started the project of "diverting water from Yi to run the city" and the project of extending Nanjing Road to the north, and planned to introduce clean yi river water into the urban area. Due to the need of engineering construction, the land rented by "Dongfang" gas station will be requisitioned, and the gas station that Sun Sheng is operating will also be demolished. Sun Sheng said: "At that time, my gas station was valued at 7 million yuan, and the leaders of the street office arranged a job for me, but I didn't agree. City leaders have given me jobs many times through a relative of my family, saying that the compensation is less. I said, I must move and build another gas station. After the municipal government agreed, I signed an agreement with the street office. "

Agreement between Sun Sheng and donghu street Office. Photo courtesy of respondents

On October 22nd, 2065438+200465438+22/kloc-0, donghu street office, which is in charge of house demolition and tree felling in the "Yi Yin Runcheng" project within its jurisdiction, signed the Pizhou House Expropriation Compensation Agreement with Sun Sheng, agreeing to compensate Sun Sheng for 3.22 million yuan, and Sun Sheng vacated the house within 15 and handed it over to Party A for demolition.

On the same day, the donghu street office also signed an agreement with Sun Sheng. Both parties agree that Party A shall assist Party B to move in Guanhu Town and Chenlou Town, and be responsible for coordinating and implementing the relevant procedures for gas stations.

The document notes that the first paragraph of the compensation agreement clearly states: "With the approval of Pizhou Municipal Government, Party A is entrusted by Pizhou Housing Expropriation and Compensation Management Office to expropriate Party B's house according to law."

Certificate issued by Kun Li, former secretary of the Party Working Committee of donghu street and director of the office. Photo courtesy of respondents

The selected plot was listed for sale, and the transaction price exceeded 30 million.

Sun Sheng said that on the second day after the signing of the two agreements, he received compensation of 3.22 million yuan. With the assistance of donghu street Office, the site selection is progressing smoothly.

2065438+On February 25th, 2004, donghu street Office submitted the Request for Instructions on Applying for the Relocation of Dongfang Gas Station to the headquarters of "Yi Yin Runcheng" project. Three days later, Wei Daoguang, then vice mayor of Pizhou City, signed the approval.

Sun Sheng said that the land he chose was on the west side of the north extension of Nanjing Road in Chenlou Town, with more than 3 mu but less than 4 mu. It turned out not to be construction land. On 20 17, Sun Sheng went through the relevant examination and approval procedures of geology, commerce and planning. A new gas station needs to be built. "It took two or three years to go through these procedures, and it cost more than one million."

Sun Sheng said that after the land was approved for requisition and turned into state-owned construction land, it could only be handed over to other gas stations by listing. "I didn't trust at first. What if I can't photograph this land? People in the government told me that bidding, auctioning and hanging is just a procedure. I belong to the demolition and resettlement, and I will clearly mark the price. " In this way, he handed over all the examination and approval procedures to the original Pizhou Municipal Bureau of Land and Resources.

Announcement of transferring the right to use state-owned construction land in Pizhou. Webpage screenshot

Unfortunately, Sun Sheng's concern is correct: On August 23rd, 2007, the former Bureau of Land and Resources of Pizhou issued the Announcement on the Assignment of State-owned Construction Land Use Rights in Pizhou, listing and assigning the state-owned land use rights of 1 1 plot at one time. Among them, the plot number selected in Sun Sheng is "20 17-64", with a total area of 2 178.3 square meters, with a service life of 40 years. The land use is "other commercial land", with the starting price of 3 106500 yuan and the price increase of 30,000 yuan each time. However, there is no relevant expression of "demolition and resettlement" in the transfer announcement.

Sun Sheng recalled that four or five units or individuals such as China Petrochemical Sales Co., Ltd. Jiangsu Xuzhou Petroleum Branch also signed up for the auction. When he paid 78 million yuan, only he and Sinopec Xuzhou Company continued to bid.

"I was a little afraid to add it when I added it to 78 million. They asked me to stick to it. But when I bid to 34.7865 million yuan, I was asked to quit. " Sun Sheng said.

In the end, Sinopec Xuzhou Company won the 40-year land use right of "2017-64" for 348 16500 yuan after 1057 rounds of bidding.

Sun Sheng said, "On the day of the auction, I was called to the city government office. Several leaders said that this matter was not finished, and they should compensate me and solve my problems. But until now, the problem has not been solved. "

Land supply result information. Webpage screenshot

Not only that, Sinopec Xuzhou Company, which won the land use right, was also affected. According to the information of land supply results, the land delivery time of this plot is 20 17 12 3 1, the gas station starts on June 8, 20 18, and the construction time is one year. Sun Sheng introduced that the gas station started construction in May last year and officially opened in September this year.

Civil litigation, the municipal government believes that it should be the scope of administrative litigation.

Seeing that the problem has not been solved for a long time, in 20 19, Sun Sheng filed a civil lawsuit on the grounds of contract dispute and sued the Pizhou Municipal Government to the Pizhou Municipal Court. After examination, Pizhou City Court found it inconvenient to exercise jurisdiction.

On June 4th of the same year, Xuzhou Intermediate People's Court made a civil ruling that Pizhou Municipal Government was the defendant in the case, and in order to avoid reasonable doubt and ensure fair judgment, the case should be under the jurisdiction of other people's courts, so it was decided that the case should be tried by xinyi city court.

After the xinyi city court filed the case, it held four sessions to hear the case. According to the court transcript, the Pizhou Municipal Government argued at the first court session that the compensation agreement signed by Sun Sheng and the outsider was an administrative contract, not a civil contract between equal subjects. According to the relevant provisions of the Regulations on Expropriation and Compensation of State-owned Land Houses, which was implemented on 2011,houses and land should be compensated and litigated.

At the second hearing, the Pizhou Municipal Government stated that this case was an administrative lawsuit, not a civil lawsuit. This case occurred after 20 1 1 year, and should be tried as an administrative case according to Article 25 of the Regulations of the State Council on Expropriation and Compensation of Houses on State-owned Land.

The Pizhou Municipal Government once again pointed out that this case is an administrative lawsuit, and the administrative law is applicable, not a civil lawsuit. Sun Sheng claimed that it was the government's behavior in the whole litigation process, and this issue was examined and determined by the collegial panel.

Sun Sheng said that the court explained to him that he should file an administrative lawsuit, and if he was unwilling to withdraw the lawsuit, the court would also dismiss his lawsuit. Therefore, on February 9, 2009+2065438, he filed an application for withdrawing the lawsuit with the xinyi city court. On the same day, the xinyi city court ruled that Sun Sheng was allowed to withdraw the lawsuit.

The gas station built by Sinopec Xuzhou Company opened in September this year. Photo courtesy of respondents

When an administrative lawsuit is filed, the municipal government argues that it does not belong to the scope of accepting administrative litigation cases.

In June 2022, Sun Sheng brought an administrative lawsuit to Xuzhou Intermediate People's Court with Pizhou Municipal Government as the plaintiff and donghu street Office and Pizhou House Expropriation Office as the third party.

The Notice of Acceptance made by Xuzhou Intermediate People's Court on August 2 shows that Sun won the administrative act of Pizhou Municipal Government and the court has filed a case for acceptance.

On February 6, 65438, Xuzhou Intermediate People's Court organized the parties to exchange evidence and listened to the opinions of the parties on whether this case belongs to the scope of administrative litigation. Wang Wei, the legal representative and mayor of Pizhou Municipal Government, did not appear in court. There are two agents ad litem, one is Wang, deputy director of donghu street office, and the other is a lawyer.

In court, when Pizhou Municipal Government entrusted an agent ad litem to reply, it said that this case was not within the scope of administrative litigation. The two agreements that Sun Sheng requested to dissolve were both signed in June 20 14 and before May 20 15. According to "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases", if there is any dispute over the administrative agreement concluded before May 20 15, the laws at that time shall apply. According to the then "Administrative Procedure Law" and judicial interpretation, the disputes arising from the implementation of the land and housing expropriation compensation agreement by the administrative organs do not belong to the scope of administrative litigation, so this case does not belong to the scope of administrative litigation. In addition, donghu street Office and Pizhou House Expropriation Office also think that the case does not belong to the scope of administrative litigation cases for the same reason.

It is worth noting that when the Pizhou Municipal Government entrusted an agent ad litem to answer the judge's question, he said: "In the civil case prosecuted by the plaintiff, the defendant Pizhou Municipal Government put forward three defense opinions and did not argue that this case was an administrative case. The written reply is still in the file of the xinyi city court. "

As for the statement that Pizhou Municipal Government entrusts an agent ad litem, Sun Sheng thinks it is obviously a lie, and it is recorded in the trial transcript of xinyi city court.

Ren Dongjie, an agent ad litem entrusted by Sun Sheng and a lawyer of Beijing Wei Heng Law Firm, believes that according to Article 2 of the Administrative Procedure Law at that time, "citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this Law if they think that a specific administrative act of an administrative organ or its staff infringes upon their legitimate rights and interests", the act of administrative agreement should fall within the scope of administrative litigation.

In addition, article 2 1 of the current effective judicial guidance document "Minutes of the Meeting of the First Circuit Court of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Trial Law" clearly answers the question of whether the people's court should accept the prosecution of the administrative agreement before the implementation of the revised administrative procedure law: "If the parties file an administrative lawsuit against the administrative agreement before the implementation of the revised administrative procedure law and meet the statutory acceptance conditions, the people's court shall accept it according to law." The reason is: "The enumeration of the scope of accepting cases in administrative litigation in Article 12 of the Administrative Procedure Law is only an incomplete enumeration of the scope of accepting cases for actionable administrative acts that are common or controversial in practice. The behavior of administrative agreement belongs to administrative behavior, which may adversely affect the personal rights and property rights of the parties. According to 1989 Administrative Procedure Law, the act of administrative agreement should be within the scope of accepting cases in administrative litigation. Only before the revision of the Administrative Procedure Law, there was indeed a dispute in judicial practice as to whether the administrative agreement dispute was resolved through civil litigation or administrative litigation. The first paragraph of Article 12 of the revised Administrative Procedure Law lists it clearly and does not expand the scope of accepting cases in administrative litigation. "

At the end of the day's inquiry, the presiding judge said that no matter whether the case is solved through civil litigation or administrative litigation, the parties should be asked whether the plaintiff's claim for compensation can be settled through coordination after the trial, so as to achieve the purpose of substantive settlement of contradictions. Sun Sheng agreed, and the agent of Pizhou Municipal Government said that he would report and reply to the court within three days.

The presiding judge said that after the court's research, it belongs to the scope of administrative litigation and will be notified separately; If not, the collegial panel will make a judgment according to law.

65438+February 65438+February, Ren Dongjie learned from the trial strength school that the agent of Pizhou municipal government replied to the presiding judge on the same day, and the Pizhou municipal government disagreed with the post-trial coordination.

On the evening of 65438+February 65438+June, Wang Xingyi, a staff member of donghu street Office, replied to this newspaper that he would come to work in donghu street in 2020. According to his understanding, the agreement signed between Sun Sheng and the office only stipulated the office's obligation of "assistance and coordination", which was a "priority" rather than a "necessity", so the office's obligation had been fulfilled. Sun Sheng's failure to bid for land was not due to the breach of contract by the office.