Developers and Red top relocated 10 years of litigation difficult to dispute

★ August 1994, the predecessor of Hunan Jinzhengfangyuan Square Company--Zhuzhou Square company through Zhuzhou City house demolition firm dismantled the state-owned direct-control housing units managed by the Zhuzhou Real Estate Bureau 64 households, average 35 square meters per household, the building area of two houses amounted to 2274 square meters.　　★ 1997, Zhuzhou Square Company began the construction of the second phase of the ornate market, the Zhuzhou government agreed, Zhuzhou Square Company and the demolition of the Zhuzhou real Estate Bureau management of the two houses. ★ February 1999, Zhuzhou City House demolition office will be sued by Hunan Jinzhengfangyuan to Zhuzhou Lusong District People's Court, Lusong District People's court to the case to make a first instance judgment: "Request Hunan Jinzhengfangyuan Company to repay the Zhuzhou real Estate Bureau non-domestic housing 1311.55 square meters."　　★ July 11, 2001, Zhuzhou Intermediate Court second trial dismissed the Hunan Jinzhengfangyuan Company's appeal, upheld the original decision.　　★ August 29, 2009, the Higher People's Court of Hunan province issued a civil verdict, and ordered the Zhuzhou Intermediate Court to retrial the case. relocated Hunan Province Zhuzhou real Estate Bureau and the demolition of Hunan Jinzhengfangyuan Party Company on more than 1000 square meters of demolition compensation suddenly disputes. One side said it was "true and voluntary, lawful and effective", while the other side said "forced helplessness, loss of fairness, violations of national compensation policy and regulations."　　10, between the two sides of the lawsuit "tug of a battle" continued, during which, the Zhuzhou real Estate bureau was accused of illegal sale of related properties, so that the incident again overturned waves. What is the wrong, there is no conclusion.　　However, how to participate in civil activities in administrative institutions brought about by the case is thought-provoking.　　In recent years, some administrative organs and institutions with administrative law enforcement power pay much attention to the administration according to law in peacetime work, but turn a blind eye to the many abuses that exist in the civil activities, so that the proportion of the administrative institutions in civil disputes is defeated by the People's Court. Experts suggest that China should strictly restrict the scope of administrative institutions to engage in civil conduct, prohibit the administrative institutions from engaging in commercial activities, and on this basis, to improve the relevant legal liability when it comes to "relocated", people's minds are often the "disadvantaged people" in the society, In the process of competition and redistribution of social interests, this crowd often plays the role of the loser or even the victim.　　But what happens when a strong developer encounters a "red-topped" relocated with an official background? 10 years ago, relocated Zhuzhou Real Estate Bureau and the demolition of the Jinzhengfangyuan company in Hunan Province on more than 1000 square meters of demolition compensation suddenly disputes. One side said it was "true and voluntary, lawful and effective", while the other side said "forced helplessness, loss of fairness, violations of national compensation policy and regulations."　　10, between the two sides of the lawsuit "tug of a battle" continued, during which, the Zhuzhou real Estate bureau was accused of illegal sale of related properties, so that the incident again overturned waves. Recently, the higher People's Court of Hunan Province has decided to arraignment this demolition compensation dispute case. It is still unknown where the axiom is. However, there are legal practitioners who believe that, the case reflects that the administrative organs and the public institutions with administrative enforcement power should attach great importance to their civil activities in order to avoid unnecessary civil disputes and alternative "official" and "civil" lawsuits.　　Whether the coercive relocation compensation agreement caused the dispute between the private developers and the "Red top" relocated the dispute between the beginning of 1994.　　August 1994, Hunan Jinzhengfangyuan Square Company predecessor-Zhuzhou Square Company through Zhuzhou City house demolition firm demolished the Zhuzhou real Estate Bureau management of state-owned direct public housing 64 households, average 35 square meters per household, two buildings total construction area of 2274 square meters.　　After the demolition of the house, as a developer of the Zhuzhou Square company in accordance with the state and provinces related to the demolition compensation policy, 55 square meters per household compensation.　　At the same time, in accordance with the requirements of Zhuzhou Real Estate Bureau, Zhuzhou Square Company will be the new project-finery market 6 floor a total of 833 square meters compensation to the Real Estate Bureau as office room. 1997, Zhuzhou Square Company began the construction of the second phase of the ornate market, with the approval of the Zhuzhou government, Zhuzhou Square Company and the demolition of the Zhuzhou real Estate Bureau management of the two houses.　　December 5, 1997, Zhuzhou Real Estate Bureau, Zhuzhou City Housing Demolition Office (Zhuzhou Square Company commissioned demolition units) and signed a "demolition compensation, resettlement agreement."　　"Legal daily" reporter learned that, according to this agreement, Zhuzhou City house demolition firm demolished the real Estate Bureau management of state-owned direct public housing 111 households, a total of 4672.15 square meters.　　The agreement stipulates that the square company in addition to the demolition of the relevant households to purchase housing, Zhuzhou real Estate Bureau has been in its name of 833 square meters of office space for commercial paving, the area increased to 850 square meters, but also the two phase of demolition of 461.55 square meters of residential area by operating area compensation.　　It was this agreement that led both sides to a controversy, culminating in a court of law. "Such an agreement is unfair and violates the policy and regulation of compensation for the removal of the state.　　Hunan Jinzhengfangyuan Party company in charge said, at that time the company responsible for signing the agreement is forced helpless. "We did not intimidate them into signing, and asked them to cite the evidence of coercion," said Chief Lee, director of policy and Law at Zhuzhou, in an interview with the law-enforcement daily. "These stresses are intangible, such as signing the first compensation agreement, City real Estate bureau asked us to write in the agreement," by both sides consensus, "and so on, we immediately expressed disagreement, and later changed to ' in accordance with the requirements of the Municipal Housing Bureau ', although this is only a small detail, but we can see that we were not voluntary, City Real Estate Bureau dare not offend AH.　　"The head of Hunan Jinzhengfangyuan Party company took out" the agreement "to the reporter. "We have according to regulations, according to the policy of economic compensation, the real Estate Bureau to see that we built the shop can make money, hard demand will originally have to supply their office room also replaced by shops to compensate, which has such a truth?"　　Said Jinzhengfangyuan. Because Hunan Jinzhengfangyuan Company has been rejectingThe requirements of the Real Estate Bureau, Zhuzhou City House demolition Office, Zhuzhou real Estate Bureau has not been from Hunan Jinzhengfangyuan Company to get the relevant property. 10 years of litigation is not yet conclusive. February 1999, Zhuzhou City house demolition firm will Hunan Jinzhengfangyuan company sued to Zhuzhou Lusong District People's Court, the court will Zhuzhou the real Estate Bureau as the plaintiff, request Hunan Jinzhengfangyuan Company According to the agreement agreed,　　In the ornate Phase II project Reimbursement Zhuzhou House housing 1311.55 square meters, and handle related property and land warrants. Hunan Jinzhengfangyuan Party in the Court of Defense said: "The first phase of the project has been more than 605.11 square meters of compensation for households, the second phase of the project has been more than compensation for household area of 1725 square meters, the city real Estate bureau in two demolition in this is nothing but residential housing, but now strong to make up Zhuzhou City House demolition Office, Zhuzhou real Estate bureau in two demolition projects, the use of industry authority to sign the compensation agreement is unfair, in violation of national compensation policy and regulations. "Zhuzhou Lusong District People's court hearing this case, the compensation agreement is the true meaning of the two sides, belong to the effective contract, the square company in the use of the plaintiff's land, the contract after the completion of the contract after the conclusion of the reason for the loss of fairness, can not be established." October 23, 2000, the Lusong District People's court in the case to make a first-instance judgment: "Request Hunan Jinzhengfangyuan Party company to repay the Zhuzhou real Estate Bureau non-domestic housing 1311.55 square meters." "After the verdict of first instance, Hunan Jinzhengfangyuan Party company, appealed to Zhuzhou Intermediate Court."　　July 11, 2001, Zhuzhou Intermediate Court second trial dismissed the Hunan Jinzhengfangyuan Company's appeal, upheld the original decision.　　Between 10, Hunan Jinzhengfangyuan Company and Zhuzhou Real Estate bureau between the lawsuit unceasingly.　　August 29, 2009, the Higher People's Court of Hunan Province issued a civil decision, ordered Zhuzhou Intermediate court to retrial the case. May 24, 2010, the Zhuzhou Intermediate People's Court after the case, issued a civil verdict: "Dismissed Hunan Jinzhengfangyuan party's retrial request, upheld."　　"The case went back to the original point after a round of litigation."　　Hunan Jinzhengfangyuan to the higher people's Court in Hunan province again.　　September 24, 2010, the higher People's Court in Hunan province again issued a civil verdict, the case was arraigned by the higher People's Court in Hunan province. "In fact, the demolition compensation agreement is not fair, Hunan Province, the higher People's Court has been in the caregiver trial." "Hunan Jinzhengfangyuan Party company in charge of the reporter said, June 15, 2001, Hunan Province, the high people's Court of Zhuzhou Square Company v. Zhuzhou Real Estate Bureau of the case of multiple compensation claims:" The agreement for the Square company Super Area housing Compensation standard Agreement, violates the relevant demolition policy and regulations, It violates the principle of fairness in the general rules of civil law, which should be revoked or changed according to law. "Let" the "right" property bureau was accused of the sale of state-owned Hunan Jinzhengfangyuan and Zhuzhou real Estate Bureau lawsuit has been no result, in the meantime,Give birth to another incident.　　2006, Zhuzhou Property Bureau decided to compensate the 1311.55 square meters "right" transfer.　　It is understood that October 13, 2006, as party A's Zhuzhou real estate Authority and Party b Shanghai-GE Company signed the "Transfer of Rights Agreement", the agreement will be 1311.55 square meters of housing agreed to transfer the total price of 6 million yuan, minus the 2.2 million-dollar debt to Jinzhengfangyuan company, only pay 3.8 million yuan.　　Day, the two sides also signed a supplementary agreement on the above "rights", agreed that the "right" in the transfer of Rights Agreement is established (exists), whether it is protected by the law, as well as whether party B can realize, can recover the non-residential and all the risks are borne by Shanghai Pavilion Company. "It is obviously illegal to dispose of state-owned assets without a public auction and to perform the relevant legal proceedings."　　"Hunan Jinzhengfangyuan Party company in charge of the law daily," said reporters. It is understood that the Ministry of Finance on "administrative units of state-owned Assets management interim measures" and "public institutions state assets Management interim measures" clearly stipulates: "Institutions dispose of state-owned assets, should strictly comply with the examination and approval procedures, without approval, not their own disposal, should be in accordance with the principles of open "For the transfer of" rights "is the illegal sale of state-owned assets of the query, Zhuzhou Real Estate bureau chief Lee said:" The transfer by the municipal government standing meeting to discuss the agreement is legal.　　When the reporter asked to see the relevant minutes and approval documents, chief Lee did not provide to reporters.　　In addition to questioning the legality of the assignment, Jinzhengfangyuan also questioned the approval process for the "right" transfer is "Xianzhanhouzou". Reporter in the interview learned that the Zhuzhou real Estate Bureau and Shanghai Pavilion Company signed the "Transfer of rights" time is "October 13, 2006", and Zhuzhou state-owned Assets management Office reported "on the Municipal Real Estate bureau to deal with" the second phase of the "gorgeous market part of the asset" verification and Zhuzhou Intermediate People's Court on　　Whether the agreement on the transfer of rights is effective please Zhuzhou the government confirmed the request, on June 1, 2007 only after the Zhuzhou government Legal Office of the Director of Audit, when the director of the deputy mayor also signed the agreement on the same day. How to participate in the civil activities of the administrative institutions with multiple disputes Zhuzhou the real Estate bureau and Hunan Jinzhengfangyuan Party Company signed the relocation compensation agreement is unfair? The court is now in trial.　　However, how to participate in civil activities in administrative institutions brought about by the case is thought-provoking. "Administrative institutions in the conduct of civil activities, should be placed in their own position, otherwise such civil disputes, ' official '" People's litigation cases will be successive. "Oaimin, a professor at Xiangtan University Law School, told the law daily, in this case, as the administrative function of the Zhuzhou Real Estate Bureau, to intervene in such civil disputes, both when the referee and as an athlete, signed by the parties that the" loss of fairness and violation of demolition policy and regulations "of the agreement, it is inevitable that people will have Lenovo,　　Also makes the administrative organs of the credibility and impartiality of the damage. Oaimin Analysis said thatIn recent years, some administrative organs and institutions with administrative law enforcement power pay much attention to the administration according to law in peacetime work, but ignore the many abuses which exist in the civil activities, and even the proportion of the administrative institutions in civil disputes that the people's Court loses the judgment is rising trend. Oaimin that the main reason for this situation is that some administrative institutions are negligent of internal management, weak legal awareness, can not be placed in the civil activities of their status, can not strictly act in accordance with the law.　　After the dispute, it is not good to use legal means to safeguard their lawful rights and interests, resulting in passivity, even the loss of state-owned assets. In this respect, Oaimin suggested that China should strictly limit the scope of the administrative institutions engaged in civil conduct, prohibit the administrative institutions from engaging in commercial activities, and on this basis, improve the relevant legal liability, "for example, the Administrative law enforcement accountability system,　　Improve the establishment of administrative institutions in the civil activities of the accountability system. "Legal daily" reporter learned that at present, some provinces in China have noticed the administrative institutions involved in civil activities, the Office of Anhui Provincial government has issued a special "on the administrative organs in civil activities in strict accordance with the law notice" document,　　All levels of government and government departments should draw lessons from the civil cases that have occurred, consciously strengthen the legal consciousness in the civil activities, strengthen the concept of law, learn and be good at using legal means to solve civil disputes. This newspaper, Zhuzhou, October 12, Xinhua newspaper reporter Chawenming