Bureau of Zhuzhou City real estate litigation with

developers and and demolition company in Hunan Kim Jong-party relocation compensation 1,000 square meters of a broad surge in dispute. One said it was 10 years of litigation between the parties
merits and demerits, here is inconclusive. However, the case leads to the administrative units to participate in civil activities, but thought-provoking.
recent years, a number of executive and administrative law enforcement has the right to work in public institutions paid great attention in the usual administration according to law,louis vuitton outlet store, but their presence in civil activities, many abuses have turned a blind eye, so that the civil administrative institutions disputes in court by the people against the proportion of the rise.
experts suggest that China should be strictly limited by legislation in the administrative institutions of civil behavior to prohibit commercial activities in the administrative institutions, and on this basis, a sound legal responsibilities

□ Special Investigation

Legal Daily reporter Wen-Ming Zhao Ruan Zhanjiang

said The competition and the re-allocation process, this population who often suffer or even play the role of the victim. However, when the developer met with strong background with the official
10 years ago, the demolition of Zhuzhou City, Hunan Property Bureau and the demolition company Kim Jong-party relocation compensation 1,000 square meters of a broad surge in dispute. One said it was 10 years of litigation between the parties
Recently, Hunan Provincial Higher People's Court has decided arraigned this dispute from the relocation compensation. Which axiom in what, is still unknown. However, the legal profession that reflects the case, the executive and have the right to administrative law enforcement institutions in accordance with the law, we must also attach great importance to its civil activities in order to avoid unnecessary civil disputes and alternative
whether the stress caused by the demolition compensation agreement disputes

it from private developers and the
1994 年 8 months, the party's predecessor Kim Hunan - Zhuzhou Zhuzhou City square company house demolition demolition of the office management of Zhuzhou City, State Real Estate Board Zhiguangongfang a total of 64 residential, the average households of 35 square meters, two houses a total of 2274 square meters building area.
After house demolition, as the developer of the Zhuzhou square according to the national and provincial policies on compensation for demolition, according to 55 square meters per household for the compensation.
the same time, in accordance with the requirements of Zhuzhou City Real Estate Bureau, Zhuzhou company is going to New Project Square - 6th Floor, gorgeous clothing market compensation to a total of 833 square meters of office space as the Real Estate Board.
1997, the company began construction of Zhuzhou gorgeous market square the second phase, the Zhuzhou municipal government agreed, Zhuzhou Zhuzhou City Square Company Real Estate Board also removed the two houses management. December 5, 1997,louis vuitton outlet, Zhuzhou City Real Estate Bureau, Zhuzhou Urban Housing Demolition Office (Zhuzhou commissioned by the demolition unit square) has signed a

agreement, square in addition to the demolition company's purchase of the relevant resettlement households, the Zhuzhou City Real Estate Board requested that its name will have 833 square meters of office space into commercial pavement area increased to 850 square meters, the second phase also requires the demolition of 461.55 square meters of residential area by business area compensation.
It is this agreement, the dispute from both sides and eventually taken to court.
.
Zhuzhou Real Estate Board policies and regulations Ke Like long to accept the p>
City Real Estate Board in accordance with the requirements', although this is just a small detail, but you can see that we had not voluntary, the municipal real estate bureau did not dare offend the ah.
This truth?
party because Hunan Kim has been refused the request of Real Estate Bureau, Zhuzhou Urban Housing Demolition Office, Zhuzhou City, Hunan Kim from the Real Estate Board failed to get the related party real estate company.
years of merits and demerits of action remained open

1999 年 2 months, Zhuzhou City, Hunan Province Urban House Demolition Office will prosecute to the Kim Jong-party companies Lusong District, Zhuzhou City People's Court Real Estate Board of Zhuzhou City Court added to the plaintiff, asked Kim Jong Party Company in accordance with Hunan agreement, in the gorgeous second phase of non-repayment of Zhuzhou City Real Estate Board 1311.55 square meters of residential housing and related real estate and land for warrants.
Hunan Kim party respondent in the trial, said: This is nothing more than the residential space, but now has to pay non-residential area of ​​strong without any basis. Zhuzhou Urban Housing Demolition Office, Zhuzhou City Real Estate Board in two demolition projects, the use of industry terms of the compensation agreement signed unconscionability,cheap louis vuitton handbags, breach of National relocation compensation policies and regulations. , the contract made after completion of the contract unconscionability grounds, can not be established. October 23, 2000, Lusong District People's Court of first instance verdict on the case: side the company refused to accept the Zhuzhou City Intermediate People's Court of Appeal. July 11, 2001, Zhuzhou City, Hunan Kim Intermediate Court of second instance rejected the party's appeal and upheld the original verdict.
10 years, Hunan Zhuzhou Kim party company and continued litigation between the Real Estate Board.
2009 年 8 29, the Hunan Provincial Higher People's Court issued a civil ruling, instruction Zhuzhou City Intermediate People's Court ruled that the case for retrial.
2010 年 5 24, Zhuzhou City Intermediate People's Court retried the case, the Civil Judgement handed down: The case has completed a revolution proceedings after he returned to the starting point.
Kim Jong Party Company of Hunan Higher People's Court of Hunan Province again to appeal.
2010 年 9 24, Hunan Provincial Higher People's Court again issued a civil ruling, ruled by the Hunan Provincial Higher People's Court arraignment proceeding.
Provincial Higher People's Court of Zhuzhou Zhuzhou City Square Co. v. Real Estate Board overcharged compensation case verdict: principle of fairness, the part should be revoked or changed by law. The results have not been, during, and give birth to another incident.
2006, the Zhuzhou City Real Estate Board decided to 1311.55 square meters of compensation
It is understood, Oct. 13, 2006,louis vuitton shoes, as Party B Zhuzhou City Housing Authority and Shanghai and Shanghai Court signed the price of 600 million yuan, the company minus the 220 parties to the Kim Jong million in debt and only pay 3.8 million yuan.
day, the two sides to the can be achieved, can recover all of the risks of non-residential by the Shanghai and Shanghai House Company.

It is understood that the Ministry of Finance on the approval and shall not be disposed of, shall be open, just and fair disposal of the principle of bidding. said:
questioned the legality of the transfer in addition to, the Kim Jong-party companies also questioned this
reporters in an interview that, Zhuzhou City, and Shanghai and Shanghai House Property Bureau signed City Real Estate Board on the handling of the Director of Municipal Audit Office of Legislative Affairs, when he was deputy mayor in charge of the day before signing consent.
dispute-prone

administrative units to participate in civil activities

Zhuzhou City, Hunan, Kim Jong-side Real Estate Board and the demolition compensation agreement signed is blatantly unfair? Currently the court is pending. However, the case leads to the administrative units to participate in civil activities, but thought-provoking.
on regulations,
loving of Europe that in recent years, a number of executive and administrative law enforcement has the right to work in public institutions paid great attention in the usual administration according to law, but their presence in civil activities, many abuses have turned a blind eye, as well as administrative institutions of civil disputes in court by the people against the proportion of the rise.
Europe loving the view that the main reason for this situation is that some administrative units lax internal management, legal consciousness, can not put themselves in the position in civil activities, not strictly according to law. After the dispute, but also not good to use legal means to safeguard their legitimate rights and interests, resulting in a passive, or even result in loss of state assets.
this regard, the EU proposed loving our country should be strictly limited by legislation in the administrative institutions of civil behavior to prohibit commercial activities in the administrative institutions, and on this basis, a sound legal responsibilities, can, according to executive accountability system for administrative law enforcement, improve the establishment of the administrative institutions of civil activities in the accountability system.
notice strictly according to law .
Legal Daily, 12 October Zhuzhou Electric