Chapter 425: The First Administrative Public Interest Lawsuit!

Muyang's smiling face stretched longer, and he immediately caught the "joke" thrown by Zhang Ruiming.

"How can there be, how can there be! Minister Zhang didn't know the inside story at the time~ Minister Zhang is really extraordinary! I was restrained in three or two strokes, I only felt that it was dark in front of me, and I immediately threw myself to the ground, and as soon as I turned around, I was cleaned up by Minister Zhang's divine soldiers, admire, admire!"

The flattery in Mu Yang's smile was almost overflowing, and the tail note was raised to the sky. It was the first time that Zhang Ruiming had seen someone who had been "beaten" and could still praise the "abuser" like this, and he was simply amazed at the performance skills of these businessmen.

"Director Mu hasn't told me yet, what are the instructions for coming here today?"

"This ......" Na Muyang retracted a little smile, glanced at Lu Jian next to him, obviously waiting for the leader's instructions, Na Lu Dong took a sip of tea, leaned on the sofa in Lao Yan's office, his face was tepid, he put down the teacup casually, and the two big fan-like palms were clasped together, but there was a bit of anti-guest posture.

"Ahem...... That's the case, Zhang Jian, our Chen Cheng Real Estate Company came over today, mainly because there is a clue that we want to report to you, we also asked someone, saying that it is the business of the Eighth Procuratorate Department of your Municipal Procuratorate, what kind of lawsuit is it called......

When Zhang Ruiming heard this, he suddenly understood a little in his heart, what this boss who seemed to be richer than himself should be a public interest lawsuit, and their purpose was to prevent Lan Guiyuan's acquisition of their company, could it be that their so-called clue materials are about Lan Guiyuan's public interest litigation clues?

If so, this is already a clue material with an obvious revenge nature, and the power struggle behind it is confusing and treacherous, which makes Zhang Ruiming a little vigilant in his heart.

"Public interest litigation. ”

Lao Yan reminded with a smile, but immediately stopped talking, just glanced at Zhang Ruiming, his eyes were full of deep meaning.

"Yes, yes, we just mentioned it to me by Prosecutor General Yan, I have this memory...... That, Director Mu, hurry up and show us the materials to Prosecutor Zhang!"

Lu Dong patted Muyang next to him, and the young director hurriedly took out a brown paper envelope from the briefcase in his hand and handed it to Zhang Ruiming respectfully.

This is a report letter that looks very simple on the outside, the pale yellow kraft paper still has a hint of grass and trees, and the three big words "report letter" are written on it, and the payment is "Chen Cheng Real Estate Development Company", and it is also stamped with a bright red seal at the payment place, which is the company seal that Muyang snatched from the accountant not long ago.

When he saw the seal, the corners of Zhang Ruiming's mouth couldn't help but pull inexplicably, this whole thing is really absurd, the executives of his own company, snatched back his company's seal in public? And they worked hard to get back the seal, it was actually to stamp this report letter? Don't they know that if they report the other party, in fact, they do not strictly require the real-name identity of the whistleblower, so it is necessary to take such a big effort to snatch back an official seal?

Laughing and laughing, but he didn't dare to be careless in his heart, there must be a demon when things go wrong, especially if it was such an intricate company dispute, Zhang Ruiming hadn't opened the envelope, he could already guess the general content inside, it should be based on the clues of public interest litigation in a certain field, to report Lan Guiyuan, so that the other party group could receive a blow, but Zhang Ruiming always felt that something was not quite right in his heart, and he almost asked: This person bought your company, how can you "former" executives who are going to be swept out of the house jump? ? Public interest litigation is not an ordinary civil lawsuit or criminal lawsuit, but generally involves cases such as food and drug safety, ecological and environmental safety, etc., so where can it have any impact on a large-scale real estate company like Languiyuan?

Although there are all kinds of puzzlement, but Zhang Ruiming still gently tore open the cowhide envelope, there is a thick stack of documents inside, the current first month is a formal report letter, the text is headed "Chen Chengchu, former chairman of Chen Cheng Real Estate Development Co., Ltd., during his tenure, the company's main business has lost 2.3 billion yuan in the past ten years, relying on the sale of high-quality assets to survive, a number of assets are sold cheaply, infringing on the interests of shareholders, maliciously selling the company's assets, after the board of directors, After the board of supervisors unanimously agreed to remove him from his duties, he was transferred to the deputy general manager of the southern strategy department of Languiyuan, and planned a hostile takeover of our company this year......

Zhang Ruiming was no stranger to such a report letter when he was in the Public Prosecution Department, but now it seems that there is only a big problem, first of all, today the senior executives of Chen Cheng Real Estate Development Company Mu Yang and Lu Jian came here, and they actually came to report the former chairman of Chen Cheng Real Estate Company, Chen Chengchu, when he heard this name and company name, it is conceivable that he should be one of the founders of this Chen Cheng Real Estate Development Company, and today they report this Chen Chengchu, even if there are some illegal acts, it is a civil dispute or a criminal lawsuit, how can it involve the public interest litigation of their Eighth Procuratorate Department?

In the case of doubts, Zhang Ruiming still looked down patiently, and what he didn't expect was that compared to the next bizarre statement, the previous ones were nothing at all!

“…… In August 2007, Chen Chengchu in Chen Cheng Real Estate Development Co., Ltd. (hereinafter referred to as "our company") during the tenure, with 660,000 yuan to bid for the Jingang North Road Zhoufu Garden plot, in August 2013, Jingang City Urban and Rural Planning Bureau adjusted the planning and design conditions of the plot, the total land area from 201,800 square meters to 182,400 square meters, the planning volume ratio from 1.25 to 2.11. Due to the increase in the actual construction area after the adjustment, the Jingang Municipal Bureau of Land and Resources signed a supplementary agreement with our company, agreeing to pay the land transfer fee of 10,000 yuan, but our company has not raised funds to pay the transfer fee because of the hostile acquisition of Languiyuan, and has not raised funds to pay the transfer fee, until today, it has not paid the transfer fee in accordance with the law, and the Jingang Municipal Land and Resources Bureau has not collected it in accordance with the law.

…… At the scene, all the honest senior management of our company hope that the relevant departments will thoroughly investigate the matter and arrest the culprit, Chen Chengchu, the former chairman of Chen Cheng Real Estate Development Co., Ltd. and the current deputy general manager of the Southern Strategy Department of Languiyuan Group, so as to achieve fairness and justice......"

After reading the whole report letter, Zhang Ruiming's head is completely wooden, he deliberately looked back a few times, in order to see the subject-verb-object noun clearly, he always thought that he was wrong, after reading a few times, he was sure that the object of the report was indeed Chen Chengchu, the former chairman of Chen Cheng Real Estate Development Co., Ltd., and his payment was actually Chen Cheng Real Estate Development Co., Ltd.!?

But judging between the lines, the main focus of the report lies in the fact that the Land and Resources Bureau failed to collect the land change transfer fee in a timely manner; in the final analysis, at a cursory glance, this Chen Chengchu was also an act of duty at that time, and if he files a public interest lawsuit now, the target of the lawsuit will still fall on the head of the Chen Cheng Real Estate Development Co., Ltd., so isn't this just ......

Report yourself yourself?

Zhang Ruiming is the first time to see such an absurd report letter, and after a cursory combing, it is because the company is about to be acquired by Languiyuan, and the two executives of Chen Cheng Real Estate Development Co., Ltd., Mu Yang and Lu Jian, who are on the verge of despair, have "recovered" the company seal that has been taken away by Languiyuan through abnormal means. Then he stamped it on the top of the report letter that said it was to report the former chairman of his company, but in fact it was to report his own company, asking the procuratorate to file a public interest lawsuit to sue his company!?

What the hell is this? Punch yourself?

"Both, have you figured this out? Have you read this report letter yourself? I advise you to take a look for yourself, according to the above meaning, you want to report Chen Chengchu during his tenure in your company to change the land plan and fail to pay the land transfer fee in time?"

The two people of Chen Cheng Real Estate Company actually nodded at the same time, indicating that it was indeed this report, and Mu Yang also raised his head and said seriously: "Minister Zhang, don't read it, this report letter is written by myself, of course I know the contents." ”

"It's not ......" Zhang Ruiming couldn't hold back his laughter at this time, he thought that he had read a lot of incoherent and logical report letters, and there were some uneducated parties who would make a mistake about the legal relationship and confuse the object of the report.

Zhang Ruiming has also encountered some wives who have reported their husbands for corruption and bribery, but that is also that husband and wife have become strangers, with irreconcilable contradictions, and basically it does not affect the wife herself, how can she report her own company like this?

Did these two legally illiterate people regard their voluntary surrender as a report?

The corners of Zhang Ruiming's mouth twitched, forcing himself to endure the funny feeling of patience, he tried to change his tone to be cautious, and said to the two: "No...... I don't think you have figured out a legal relationship, I don't care what means Chen Chengchu used to change the land plan, but the arrears of land transfer money is a group behavior, and the current materials seem to be that he is only a professional act, and he himself is not in your company now, you are now suing this problem of not paying the land transfer fee on time, and if we sue the city procuratorate at that time, it will also be your own company! Do you understand this, this is not a report at all, it can be regarded as a voluntary surrender!"

Zhang Ruiming talked all the way in a serious voice, although he had a bad impression of this Muyang, but he didn't want to pit him at this time, and sorted out the legal relationship for them, hoping to make these two guys who were so confused that they wanted to "report" themselves wake up and know what stupid things they were doing, but in the few minutes they listened to him, Director Mu and Na Lu Dong in front of him were expressionless, as if they heard idle things that had nothing to do with them.

After Zhang Ruiming finished speaking, Muyang actually just nodded and said: "Yes, it can also be said to be surrendered, but we feel that this responsibility is mainly on Chen Chengchu and him......"

"No, you still don't understand what I mean!" I ......" Zhang Ruiming hurriedly interrupted him, still trying to explain to him, but he didn't expect that Mu Yang completely ignored his kindness and immediately grabbed Bai Dao.

"I understand! Zhang Jian, you want to say that this unpaid transfer fee is also Chen Chengchu's official behavior, and if you are asked to sue now, the target is also our own company, and this money will also be paid by our company at that time, right?"

Zhang Ruiming nodded in amazement, and said in a stunned tone: "...... Yes, if you understand, then why ......"

Muyang smiled slyly, "I just want to sue Chen Cheng Real Estate Development Company, anyway, now Lan Guiyuan is in charge, Chen Chengchu thought that he would be able to "return the king"...... Hey, we just hope that the procuratorate can investigate the current Chen Cheng Real Estate Development Company, and make these guys who refuse to pay the transfer money suffer! Speaking of which, this is also the obligation of our citizens!"

Hearing this, Zhang Ruiming knew that there was no such word "citizen's obligations" in this guy's dictionary at all, and the half sentence he blurted out earlier was what he was talking about. To put it bluntly, the two of them are about to be swept out of the floor by Languiyuan, the "former" executives of Chen Cheng Real Estate Company, dissatisfied with Lan Guiyuan's hostile takeover, and want to make a hindrance from it, and create a little trouble for Chen Chengchu, who is about to re-use the name of the deputy general manager of Lan Guiyuan to kill Chen Chengchu of Chen Cheng Real Estate Development Company, so they did not hesitate to shake out such a major event as tens of millions of land transfer fees.

After picking up the general situation, Zhang Ruiming quickly calculated the value of this clue in his mind while packing up the materials in the envelope.

If this material clue is true, the general context of Chen Cheng Real Estate Development Co., Ltd.'s public interest litigation is still clear, that is, a real estate company changed its plan, but owed tens of millions of land transfer fees to the state. In terms of legal relations, this is a simple administrative public interest lawsuit. But......

In terms of nature, this is more sensitive than all the cases Zhang Ruiming has handled before, because this is an administrative public interest lawsuit!

The definition of administrative public interest litigation is clear and clear: administrative public interest litigation refers to when the procuratorate believes that the administrative entity's conduct in exercising its powers is illegal, infringes on the public interest, or is likely to be infringed, in order to protect the public interest, it submits procuratorial suggestions to the administrative organ and urges it to perform its duties in accordance with the law. Where administrative organs do not perform their duties in accordance with law, the people's procuratorate initiates litigation in the people's courts in accordance with law.

However, if you look at it with a discerning eye, you will immediately find that this is the type of litigation designed for the situation of "administrative organs not performing their duties in accordance with the law".

As we all know, social public rights are an extension of civil rights. The extent to which civil rights and public rights are respected and protected is a reflection of a country's rule of law and level of human rights development.

In the past, China's administrative litigation is "civil lawsuits" This form is widely seen in courts at all levels, and in real life, cases involving administrative litigation are generally still some minor cases that do not involve much and have a wide impact, and most of them are some traffic police billing is not standardized, and the public security administrative punishment procedures are flawed.

However, after the judicial reform, the procuratorate has been explicitly regarded as the subject of administrative public interest litigation, which is a direct manifestation of the country's gradual strengthening of the protection of public interests.

Recalling the theory of this "administrative public interest litigation", these written things are so beautiful and awe-inspiring, but Zhang Ruiming was stunned in his heart, he knew that this was the first clue of the administrative public interest litigation collected in Jingang City, and it may even be the first administrative public interest litigation clue in Nanzhou Province.

Moreover, this clue directly points to the Jingang City Land and Resources Bureau's failure to perform its duties correctly, which is not a trivial matter! Regardless of the twists and turns in the land planning change at that time, Zhang Ruiming was sweating when he thought about it for a while.

It's very tricky, the clues of this case are really tricky, and it is the former executive who reported the current executive, just because it involves the ups and downs in the real estate industry, Zhang Ruiming felt a headache, he glanced at Muyang and Lu Jian in front of him, both of them cast expectant eyes on him at this time, and they were waiting for him, the pioneer of public prosecution, to give full play to the spirit of the past, and knock down this Chen Cheng Real Estate Development Co., Ltd. in one fell swoop, giving Chen Chengchu a little look. But Zhang Ruiming is not a fool, the grievances and grievances between these two people and Chen Chengchu are obviously inexhaustible at once, and they will not tell the truth at the key nodes.

Speaking of which, these two people are taking themselves for fools and trying to instigate themselves to take the Eighth Procuratorate to the muzzle of a powerful department like the Land and Resources Bureau, so as to achieve their ulterior motives!

However, Zhang Ruiming took out this stack of materials and glanced at it, speaking of which, although the purpose of these two people is not pure, this stack of materials is still detailed and well-founded, it should be quite credible, and it is a relatively reliable clue. In addition, administrative public interest litigation is now a well-known "new field" in the country, and it is a real "blue ocean". Zhang Ruiming, who has handled civil environmental public interest litigation, criminal attached civil public interest litigation, and public interest litigation in the field of food and medicine, has never handled this type of case, and now he sees the clues sent to the door, he can't help but feel a little itchy in his heart......

Zhang Ruiming hesitated, everything in front of him was too complicated, Quanjian's big case had only passed for a short time, and he was not ready to accept such an obscure new case immediately, coupled with the mysterious power behind this case, Zhang Ruiming couldn't help but mention twelve points of caution.