I don't know how Shang Luoyu rectified, this time I went to his lawyer's office, and a row of people came out, even Yang Chenlan was also smiling, no matter how picky anyone was, he couldn't find the slightest bit of it.

After arriving at the conference room, hot tea came over immediately, or milk tea, fruit was also served, and small bread was also served, so that several guests felt at home.

In the morning in the court, although there was nothing to make a fuss, but I don't know why, I was very hungry, and several people were not polite, drank tea and ate bread and then nibbled on fruit before they began to sit down and talk.

Huang Yixi ate happily, Yang Chenlan's mood was not very good, those small breads were made by her own hands, she wanted to give Shang Luoyu to eat, and wanted to be praised by the guests, but she didn't want to fill the stomach of her rival.

It is said that this woman is a pig reincarnated, she even ate several breads, without a single praise, and ate an apple and a peach, and gnawed several pieces of cantaloupe, eating so much, no wonder her waist is so thick, and her face is almost double-chinned.

However, she was still attentive, "Lawyer Huang, did you not eat in the morning, and what else do you want to order?"

She wanted everyone to see that the plate in front of Huang Yixi had been made by her, but she didn't expect Shang Luoyu to immediately push her plate over, "There is still one over here." ”

"If you don't eat it, you can't eat enough of this kind of thing. ”

Huang Yixi pushed the plate away, "Director Yang, milk tea cups, please clean up, we will have a meeting soon." ”

This is to call her as a waiter and cleaner, Yang Chenlan has a gloomy face, if it weren't for Shang Luoyu on the other side, she would have slammed the door and left.

"Brother Shang, Sister Xi, why didn't I know that the verdict still had this content. ”

Kang Mingyang couldn't care about showing his timidity, and it was the first time he had fought an administrative lawsuit, so he couldn't figure out whether this piece was unique to administrative litigation cases.

Huang Yixi shook her head with a wry smile, she didn't understand. But she didn't squeak.

"What the hell does this mean?"

Qiu Qianyan saw that several people still had the mind to play dumb riddles, and she couldn't bear it.

There is an extra paragraph in the verdict, in the upper paragraph of the verdict.

Fourth, how to deal with the case:

The Administrative Litigation Law (Article 70(3) and (4)) gives the people's courts the right to revoke administrative acts that violate legal procedures or exceed their authority.

The decision of the Donghai Community Management Committee to expropriate the house in its own name, as well as a series of procedural violations arising therefrom, are beyond its authority and in violation of legal procedures, and the people's court shall make a revocation of the judgment.

However, article 74 of the Administrative Litigation Law also stipulates that when applying the revocation of a judgment, the people's court shall consider whether the revocation of the judgment will cause significant harm to the national interest or the public interest.

This means that, in this case, the people's court needs to weigh the two legal interests of the revocation of an illegal administrative act and the national interest and the social public interest; if the revocation of the illegal administrative act will cause significant damage to the national interest or the social public interest, the revocation judgment cannot be applied, but only the judgment confirming the illegality can be applied, so as to allow the validity of the illegal administrative act to continue to exist.

Although the decision to expropriate the houses made by the Donghai Community Management Committee exceeded its authority and violated legal procedures, considering that the work of promoting the renovation and renovation of dilapidated houses on the plot in question by Baishui City is of public interest as a whole, the Baishui Municipal Government recognized the validity of the expropriation decision during the trial, and most of the expropriated persons involved in the plot have signed compensation and resettlement agreements with the administrative authorities.

If the revocation judgment is applied to negate the validity of the housing expropriation decision, it will have an adverse impact on the urban reconstruction project planned by the Baishui Municipal People's Congress, the urban construction promoted by the Baishui Municipal Government, and the construction of the Donghai community.

At the same time, the application of the revocation judgment to deny the validity of the housing expropriation decision is also very likely to lead to the "invalidity" of most of the housing expropriation agreements that have been signed, and damage the compensation and resettlement rights and interests that have been obtained by the majority of the expropriated persons. Taking into account the "legal interests" of national interests and social public interests, the judgment of affirmation of illegality should be applied to the decision to expropriate the housing in this case.

"What the hell does this mean?"

Qiu Qianyan watched it seriously for a long time, but still couldn't figure out the meaning of this paragraph.

It was Huang Yixi who explained the confusion, and she also understood, "To put it simply, because the land you demolished is not only your land, the court believes that if you revoke the judgment in this part, it will affect the public interest, so ......."

Qiu Qianyan was dumbfounded, "The co-authoring has been making trouble for a long time, which means that they only get one sentence saying that they are wrong, and then what should they do or what should they do? It's like two children fighting, and the adults say which one is wrong, and they will be wrong, but they won't pay for it, that is to say, they will fight in vain?"

This sentence is summarized concisely and powerfully, and Huang Yixi can't find anything wrong.

"So what now?" is not a problem of children fighting, and if you make a mistake, it will be in vain.

This is the thousand-year-old foundation of Partridge Village.

"I don't know what your village's decision is, but my suggestion is to appeal and start the second-instance process, and since your village has not yet been demolished, it is still too late, we must continue to mobilize people of insight to let them know that the benefits of demolishing and rebuilding the community in Partridge Village outweigh the value of the damage, and that re-planning the land before the construction work has begun will be beneficial to the urban construction of Baishui Prefecture." ”

"Is this going to work? After all, the other plots have been demolished. "After tossing for so long, Brother Ming has little confidence.

To be honest, the immediate benefits of demolition are very high, and some short-sighted people in the village are also willing to demolish, at least the cultural value of the village, what does it have to do with them, they don't fish or do tourism, they like high-rise buildings.

"I think it is feasible, after all, the development of urban construction is inseparable from the image of the city, our city has a thin foundation, and then tossing away a few cultural heritage is not conducive to urban development at all, so the provisions of Article 74 of the Administrative Law are not consistent with the current situation of Partridge Village, and we will also re-prepare materials and start the appeal matter. ”

The meaning of this verdict is that the value of the group is above all else, and it is imperative to sacrifice the interests of some parts, but in Shang Luoyu's view, the Partridge Village can completely retain the status quo, and the government only needs to revise part of the planning plan.

Shang Luoyu set the tone, Brother Ming and Qiu Qianyan felt that it was very reasonable, and after discussing with several representatives, they went through the entrustment procedures for the appeal.

Before going out, Shang Luoyu suddenly explained to Qiu Qianyan, "Those firecrackers and red silk cloth are kept, I believe we will use them soon." ”

This sentence reassured a few of them more than any promise, and Brother Ming looked at Qiu Qianyan with relief, "Lawyer Shang, you have invited the right lawyer, how can ordinary lawyers take care of matters other than your lawsuit, that is, they can handle the affairs of Partridge Village as their own business in this way." ”

These words make people feel comfortable to hear, but seriously, everyone can see the efforts of the three lawyers clearly, to paraphrase Kang Mingyang's words, if this matter is really his own business, I am afraid that he will not work so hard.