Land Exchange Agreement (the Voice of China correspondent Baiyu She)
outdoor billboards Shenmu Village diagram (Voice of China correspondent white buildings/photo)
living in the activities of the board room of the village (the Voice of China correspondent Baiyu She)
中广网 Beijing on September 19 news (reporters white buildings) Voice of China “News” reported the Voice of China in Shaanxi Shenmu recent series of reports on some farmers are living in villages and farmland along with ” Shenmu Village “development and construction is gradually swallowed, has been in the activities of the board room after three years may be forced to move back to the villagers living in the cave 20 years ago. Reporters found that in-depth investigation, the Forbidden City covers an area bigger than 15 of the “sacred trees village” has not been state-owned land use right certificates. The villagers in the Court proceedings to Yulin after the answer is “not by the statutory administrative cases do.”
twists and turns, the leaders and Shenmu Yulin City Intermediate People’s Court finally responded.
County deputy secretary of the response to deny the “zone,” said one
Shenmu Village planning and implementation since 2006, covers an area of ??11.3 square kilometers, more than 15 a bigger Forbidden City, the planning area, including modern logistics, industrial projects, large residential and six Area, population planning to accommodate 8-10 people. Village Management Committee Deputy Renqiao Fan told reporters, “Shenmu Village” be considered a zone, but so far only been the county’s approval, there is no access to state-owned land use right certificates.
Reporter: What kind of village now?
Joe Fan: be considered a zone.
2003, the State Council, the National Development and Reform Commission issued a notice of 4 ministries, according to zone by the State Council and provincial, autonomous regions and municipalities two approval requirements, the following county-level development zones shall be revoked .
report aired, the reporter was removed several times, finally saw the village in charge of development and construction of Shenmu County deputy Hao Haidong. Hao Shuji introduced in Shenmu Village 11.3 square kilometers within the scope of planning, state-owned beach to 790 hectares, the village collective land about 340 hectares. But his “zone” with that given to a denial.
Hao Haidong: County has no written records and oral language, said it was a development zone.
Reporter: Why it is a Village Development Zone Administrative Committee do?
Hao Haidong: This I do not know who said this thing.
denied that the villagers will be forced to move back to the cave
interview, Hong Liulin village two groups of villagers told reporters, with the Shenmu Village development and construction of their houses and land to be developed occupation, activity board room has been three years since they did not wait until the new house, recently moved back 20 years ago might be forced to live in caves. In this regard, Shenmu county deputy secretary, said Hao Haidong has to make arrangements early.
Hao: We have arranged the beginning, to give two years of rent, as far as I know, seems to put in place a.
Reporters: it is not in place, when I went to a village that would not give.
Hao: The facts prevail, I did not say in this matter. In the long run, they have the land, to accelerate the development of their land.
Reporter: Is there a time to plan?
Hao: I would like to temporarily solve the years to resolve, in the long run I guess at least be two years. Half the land was the fastest approval, construction plans have for some time.
response to state-owned Land and Resources Bureau of Land Management is not in place
Shenmu for the villagers to reflect the Government’s 30-year contract to as “farming village for many years State-owned flood land, “the problem without any compensation, Shenmu County Land Resources Bureau Captain Wen Zhiyi monitoring for land management that is not in place due.
Wen Zhiyi: As the original township cadres of the land policy is not very understanding, when certification is not very likely to pay attention to this matter.
Reporter: What do you have referred to collective-owned land use procedures?
Wen Zhiyi: This process we have not yet, when the management of state-owned land may be let on a little bit not in place.
approval of land can not continue farming
Hao Shuji also told reporters, but has now been submitted for approval of land acquisition does not change the land use, if the villagers are willing to can continue farming.
correspondent: a clear written agreement on land acquisition is required for the construction of Shenmu Village land, then Shenmu Village must first obtain the approval of land documents.
Hao Haidong: Shenmu Village, this is not available, but has now been expropriated, without approval did not move, no change of use.
on the “acquisition but has been submitted for approval”: is a warning sings to
Haoshu Ji said, “has been requisitioned but not submitted for approval” to understand exactly how to do ? Shenmu County Land Resources Bureau to monitor the Captain Wen Zhiyi explained that the “warning sings to.”
Reporter: Are you talking about the warning sings in the end is how is it?
Wen Zhiyi: this thing … I … I … I do not know … we do not speak specifically said this is the chat we had … it … go … let go … this thing … I chatted to you … …
Reporter: You do not chatted, I did not understand it, you first sit,
Wen Zhiyi: do not do, the white reporter, go to the current … So far … I do not understand you, this we chatted …
Wen Zhiyi concluded that the county land department will actively guide the villagers to go through approval procedures related to land.
response on the court, “according to the statutory administrative cases can not do”: the case of slip of the tongue
villagers Shenmu government to decide that the “land” is illegal So, the Yulin City Intermediate People’s Court proceedings, Yulin in the hospital were not placed on the grounds that “according to the statutory administrative cases can not do.” So, the judge explained the basis for making what is it?
the Political Department in the Office of Yulin in the hospital, the staff again to reporters after the visit said they did not understand the walk out.
Judge: Court is not able to control what’s up? Do not stand in the reporter’s identity, I do not stand up as judges to consider this issue.
Reporter: So if the court can not solve, who can solve it?
judge: the reason we understand more than you.
Reporter: So you talk about.
Judge: I went to a meeting … …
After nearly four hours, correspondents multi-representations, all staff after work, reporters were invited outside an office building does not light of the party room, but also some negotiations, the Xuanjiao Chu General Ma Baoyu authorized by the court in this dark room interview.
Reporters: according to the statutory administrative cases can not do, how do you understand what it means?
Ma Baoyu: Each person has his own some of the slip of the tongue.
Reporter: As the judge in the case when dealing with such a slip of the tongue, which is a what kind of behavior?
Mabao Yu: I think that is an oversight, I think this is a work permit within the errors.
for not filing: not accepted range
village attorney Zhaosan Ping told reporters, June 8, the villagers to the Yulin City Intermediate people’s court proceedings, Yulin has not placed in the hospital, which is why?
Ma Baoyu: This county belongs to the villagers and the relationship between the specific administrative act, this does not belong to the Yulin City Intermediate People’s Court accepted range.
Reporter: So which one should belong to it?
Ma Baoyu: what should belong to the county court.
According to the “Supreme Court on a number of issues under the jurisdiction of administrative cases, the provisions of” the people’s governments above the county level defendant’s case, part of the Administrative Procedure Law Article 14 (c) shall be prescribed by the Intermediate People’s jurisdiction of the court of first instance administrative cases. Parties to the case of major or complex on the grounds that the grassroots people’s courts have jurisdiction over the exercise of jurisdiction should not be directly to the intermediate people’s court Intermediate people’s court shall within seven days according to different situations respectively: (a) designate other grassroots people in this area Court jurisdiction (B) to determine their own trial (c) inform the parties in writing to the grassroots people’s courts have jurisdiction over the prosecution process.
ruled inadmissible on without making: “looks” violation of the law
attorney Zhao Sanping, according to villagers, from the June 8 date, more than three months have passed, Yulin in the hospital has not made any ruling inadmissible. This is why?
Yulin City Intermediate People’s Court Ma Baoyu: get up after the general acceptance does not belong to us, and we are committed to the joint meeting to go joint mechanism is a local, in order to maintain harmony and stability of a kinds of mechanisms. Therefore, the specific process in administrative proceedings in general, there is a pre-process of coordination.
Correspondent: This is a coordinated process of law provisions?
Ma Baoyu: minutes of the meeting that he is a spirit.
Reporter: You can look at the minutes issued it?
Ma Baoyu: You say that minutes of the meeting issued a specific, not to be issued.
Reporter: Minutes can be used as legal basis for it?
Ma Baoyu: Minutes not as a legal basis, but can be understood as a spiritual law. The law is just a paper thing, how to understand things on paper, there is the use of the judicial spirit, and judicial policies and meeting minutes, and so the spirit of the guidelines.
Reporters: 7 days to make a decision, this is a very clear legal provisions, you can now practice is understood as a violation of the law?
Ma Baoyu: If you simply start from the provisions, then, from the form it seems that 7 days you should make a decision, you did not make it seem as if he violated the law. However, we believe that the spirit of the law is that it is not violated.
progress of the event, China will continue to voice concerns.
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