The second point is that the defendant failed to produce the certificate issued by the urban and rural planning department that the land within the scope of the proposed expropriation meets the requirements of the overall urban plan, the certificate issued by the land and resources department that the land use within the scope of the proposed expropriation meets the requirements of the overall land use plan, as well as the certificate that the expropriation compensation fee is in full and in place, and the social stability risk assessment report, etc., and the expropriation procedure is seriously illegal.

Fourth, the procedures for making the compensation plan for housing expropriation are illegal. The first point is that the housing expropriation compensation plan has not been reported to the Baishui Municipal Government, and the public comment period for the land expropriation plan is less than 30 days. In the compensation plan, the housing expropriation compensation plan was announced on September 29, 2018, and if the publicity period exceeds 30 days, the expropriation compensation plan has been publicized before the housing expropriation decision is made, which is obviously procedurally illegal.

The second point is that no hearings were held on the compensation scheme for housing expropriation. The vast majority of the expropriated persons are dissatisfied with the housing expropriation and subsidy plan, and have reflected their demands through petitions, submission of written materials, etc., and the housing expropriation department shall organize a hearing attended by the expropriated person and public representatives, and revise the plan according to the hearing.

Fifth, the expropriation decision illegally restricts the time for the expropriated person to claim rights.

The Administrative Litigation Law clearly stipulates that if a citizen is dissatisfied with a specific administrative act, he has the right to file an administrative lawsuit within six months from the date on which he knew or should have known that the administrative act was taken, but Article 8 of the defendant's housing expropriation decision states that if he is dissatisfied with the expropriation decision, he shall file a lawsuit within three months, which is contrary to the law. To sum up, the people's court is requested to revoke the Donghai Zhengzi [2018] No. 02 housing expropriation decision made by the Donghai Community Management Committee in accordance with the law.

It can be said that in the eyes of Shang Luoyu and Huang Yixi, the plaintiff's agents, the official document of this expropriation decision can be said in layman's terms, from top to bottom, from left to right, from all aspects to show only two words: illegality, from the qualification of the subject to the applicable law, the procedures and relief clauses for the making of procedures and compensation plans, etc.

After the complaint was sent to the Baishui Prefecture Government, it is said that Secretary Kang asked the secretary to find out the plaintiff's complaint, evidence, and the legal provisions involved, and then call together the leaders and business backbones of the relevant departments of the municipal government, as well as public lawyers, to break down the provisions of the complaint one by one, and brainstorm to make a reply.

In fact, not only the city government did this, but Yu Hui, the head of the administrative division of the Baishui Intermediate People's Court, also organized the judges of their court to study this complaint, as I have seen many lawyers and parties write complaints, many of the complaints in their eyes, full of loopholes, ridiculous, and unfounded, if they are teachers who change their homework, they are afraid that the red pen can draw on every line, and I don't know how many uppercase X's are in a page.

Know that a good complaint is not easy to write.

According to reality or reasoning, many people like to be plaintiffs, and if there is no certain reason, ordinary people will rarely go to the court to mess around, you must know that the court is not a place where you want to enter.

Most plaintiffs who will go to court to sue generally believe that there is certain evidence and reasons to support their lawsuit, commonly known as seeking justice.

And the lawyers also understand that in the representation case, according to reasoning, they all like to be the plaintiff's lawyer, because in the lawsuit, if one party wins, the other party will definitely lose, and the lawyer of the losing party will definitely affect the winning rate.

But if you ask the lawyers what they are honest, they will love representing the defendant in their hearts. What is the reason for this?

On behalf of the plaintiff, you have to start from scratch, find materials and evidence by yourself, and you have to consider many aspects of the complaint, and as the defendant, you only need to see the demolition according to the plaintiff's reasons for filing and evidence, which must save a lot of effort.

At present, legal documents, including judgments and complaints, are made public through Internet platforms and are open to the public, and anyone can read them, which inevitably requires them to be reviewed and commented on by the public and legal experts.

A good complaint must be precise and concise, because the claim is the basis and core of the court's trial of the case, and the claim relies on the positioning of the legal relationship and determines the content of the lawsuit.

For the judge, if the claim is wrong, the claim may be dismissed.

For example, if the judge believes that your claim can be compensated by 1 million in accordance with the provisions of the law, you only sue for 500,000 yuan, reducing the amount of compensation you can claim. Or sue for an amount of 1.5 million and increase the cost of litigation.

None of this is a qualified complaint.

Therefore, the plaintiff should be as clear as possible about his claim when writing the complaint.

Second, the description of the factual reasons should not be too long-winded, because the vast majority of plaintiffs will think that the more detailed the complaint, the more beneficial it is for their side, so when writing the complaint, they should say everything in detail, but they do not know that if they say too much, they will be lost, and they may not be able to get to the point.

You must know that now that information is fast, many people can only accept information fragments, and if they say too much, people may remember less things.

In addition, there may be a risk for the plaintiff, that is, before the trial, too much information disclosed to the other party and showed his hole cards, which will result in losing the initiative in the next lawsuit to a certain extent.

So this complaint is not a lot of words, but there are a lot of people who have studied it.

Don't think that the judges of the Supreme People's Court, who are the highest goal of judges, just as lawyers want to enter the procuratorate, there are also judges who secretly want to be lawyers.

After research, Sunset and other judges believe that if they are the plaintiff, the highest level is the level of the complaint, and it may not necessarily be this level.

Judge Chen, who is known as a sour talent among the judges, even shook his head and compared the complaint to the son of the owner, adding one point is too long, one point short is too short, the powder is too white, and Shi Zhu is too red.

After reading the indictment at that time, Lu Qingfeng and Yu Wangyang studied it for a long time, but they didn't start writing for a long time, because they didn't know how to write the reply, how to refute it, and where to find the evidence.

In those days, the two of them checked the information, looked for cases, and consulted many capable people, but there was no result.

Although many lawyers feel that it is an impossible challenge to be able to confess to the Shuizhou municipal government, they stand on the opposite side and find that the other party has something to say, and it is difficult to overcome.

So after that, most of them were silent, unable to put forward any constructive suggestions.

Lu Qingfeng and Yu Wangyang In those days, one had a lot of gray hair and the other hair fell out a lot, and today I saw that these two people were still glorious, and I couldn't help grinding my teeth.

Looking at dozens of stinkers, who could pick a few small bones from the eggs, and put together this reply, for a moment, Yu Wangyang did not have the courage to read it.

Lu Qingfeng still stretched out her hand to take it, she felt that unless the plaintiff had other strong evidence, it was difficult to say who would win and who would lose in this lawsuit.

。 The fastest update URL for the mobile version: