During the written review stage, the three members of the reconsideration body unanimously agreed that the fine issued by the Inspection Department of the Construction Committee was excessively severe, and they asked the Inspection Department of the Construction Committee to reconsider the penalty decision.

"For obvious problems, the administrative department has to correct its mistakes, and the key now is that the elderly service center not only does not accept any punishment in the reconsideration application, but also continues to rent out vacant houses, this requirement obviously does not comply with local regulations, what do you think should be done next?" Director Jia of the Legislative Affairs Office is the moderator of this reconsideration, and he feels that the next thing is not so simple.

"Because the two sides have big differences, if that doesn't work, we have to hold a hearing and bring both sides here to hear their respective statements. A member of the reconsideration body suggested.

"In this case, the matter is a bit big, but for the sake of fairness and justice, I think there is no better way than for the two sides to plead face-to-face. Then inform both parties that they will be here at eight o'clock tomorrow morning to attend the hearing. ”

At 8 o'clock in the morning of the next day, the parties on both sides and the three staff members of the reconsideration agency arrived on time, and on behalf of the Municipal Construction Committee, the deputy director in charge of the inspection and the chief of the inspection section were the deputy director and the chief of the inspection section, and the old Zhao of the Mingjie Law Firm and another lawyer were the clients of the elderly service center.

"Oh, can't the reconsideration applicant be present in person?" said Director Jia.

"We are the perennial legal counsel of Changda Holdings and are entrusted by the parties to represent them at hearings. ”

The three members of the reconsideration body, including Lao Jia, are also members of the legal profession, and of course they agree with Lao Zhao's identity, "I don't doubt your qualifications, I just think that the corporate parties will not come to the scene, and it seems that he is very relieved of you." ”

"The parties are very busy, and they really can't spare time to entrust us to attend, Mingjie Law Firm and Changda Group have cooperated for more than 20 years, and they have long trusted each other very much. Lao Zhao explained.

"Changda Group, are you talking about the Changda Group headquartered in Fuyuan County?"

"Yes, they are also the parent company that invested in the Changda Holding Company of the Huayuan Elderly Service Center. ”

"Oh, I see, their boss should not have the time, and it is understandable to entrust such a matter to legal counsel. "Director Jia may have heard of Guan Yuntian, or know something about Changda Group.

Lao Jia briefed both sides on the conclusions reached during the written review stage, and asked the Construction Committee to reconsider the decision to punish the elderly service center.

"The question now is, if the senior service center asks to continue renting out vacant houses, does the inspection department of the Construction Committee have any opinion?" asked another member of the reconsideration body.

"According to the relevant local regulations of Huayuan City, changing the use of buildings without authorization is a violation and should be punished, which is nothing to say. The chief of the inspection section said clearly.

"As far as we know, when the Municipal Association for the Aged introduced the project, the investor, that is, Changda Holding Company, had put forward two requirements in the negotiation process with the relevant departments of the city, the first is that the construction area should be greater than the initial demand of the project, and the second is that the vacant houses should be arranged by the enterprises themselves. For the first requirement, the relevant departments clearly support, because it involves the future development of the pension market in Huayuan City; for the second requirement, although there is no clear attitude at the negotiation table, there is no objection, the relevant departments actually acquiesce. Lawyer Zhao stated.

"What you are talking about is not hearsay, is there any evidence?" asked a staff member of the reconsideration agency.

"Of course, this is the original project negotiation memorandum, the original evidence. Lao Zhao's assistant handed the notebook to Lao Jia.

After the three members of the reconsideration body circulated it, Lao Jia said: "It is indeed the original evidence. ”

Old Qian interjected: "By."

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I don't have the slightest doubt about the evidence provided by professional lawyers, which I think should be true. However, I would like to remind you that the land on which Changda Holding Company invested in the construction of the elderly service center has enjoyed many preferential policies in terms of price and location, and the houses built on this land should be consistent with the use of the project, and if the use is changed, especially for commercial rental, there will be suspicion of violations. ”

Lao Zhao immediately took it, "Director Qian's point of view, on the surface, seems to be reasonable, but he only knows one and not the other. Why did the investor make two demands at the negotiating table, and the city authorities explicitly supported one and tacitly agreed to the other?"

"Can Lawyer Zhao explain?" asked Director Jia.

"Of course! Maybe you don't know, the pension project is a livelihood project, the profit is meager, and the slightest carelessness in operation and management will make the enterprise fall into a state of loss, which is difficult to sustain. In order to reserve space for the development of Huayuan Elderly Service Center, it is necessary to increase the construction area of the project, and the scale of investment will inevitably increase, and all investment will eventually be amortized into the cost. ”

Lao Zhao paused and continued to explain: "However, in the first few years of project operation, the additional construction area is not used, which not only wastes investment, but also increases operating costs after amortization. In order to minimize the adverse impact, the management of Changda Holdings decided to rent out the temporarily idle buildings to the outside world and do everything possible to increase investment returns. Such an idea was supported and tacitly approved by the relevant leaders of the city at the negotiation table. ”

Lao Qian disagreed, "After all, the elderly service center enjoys the preferential policies of the local government, and if the building on this land is rented out, it is illegal profit." ”

If Director Qian had to say this, if the relevant departments of Huayuan City did not agree to or acquiesce to the two requests of the investor, it would be impossible for Changda Holding Company to invest in the establishment of an elderly service center here. Lao Zhao competed against each other.

"Lawyer Zhao has always claimed that during the negotiation of the project, the relevant departments agreed to the two requests of the investor, and I am afraid that the convincing power is not enough to only produce such a physical evidence as the negotiation memorandum?" said Lao Qian.

"According to Director Qian's intentions, what evidence do we still need to come up with? Physical evidence is not enough to explain the problem, do we still need the negotiating parties to come here to testify?"

"Well, at the hearing, I think the parties should be present to explain the situation. ”

"This ...... If it is really necessary, the parties on our side can be present, but I don't know if the deputy mayor in charge of the negotiation and the leaders of the China Merchants Bureau and the Civil Affairs Bureau, who came forward to negotiate on behalf of the city government, can they be present to testify?"

As the director of the Legislative Affairs Office of the municipal government, Lao Jia must not only maintain the seriousness of policies and regulations, but also take into account the basic responsibility of serving the government's work, so the reconsideration body must be fair and just.

Through understanding, Lao Jia knows that Huayuan City Elderly Service Center is a service investment project introduced by the Municipal Association on Aging, and the investment of 200 million yuan may not be much for the prefecture-level city, but this kind of project is a new thing in the city, and it is a people's livelihood project, which has been supported by the municipal government, so Lao Jia is extra careful to preside over this administrative reconsideration.

Faced with Lao Zhao's question, Director Jia's face was difficult, "Director Qian, do you think those leaders can come here to testify?"

"I don't know about this, you can ask them!" Lao Qian caused the problem himself, but he had to let Lao Jia solve it for him.

It can be seen from the memorandum that at that time, in addition to the deputy mayor in charge of the negotiation on behalf of the city government, the leaders of the other two functional departments were the leaders of the departments. For such a matter, not to mention that it is impossible for the deputy mayor to come forward to testify, even if the two heads of functional departments are invited to be present, Director Jia will not be able to open his mouth.

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Lao Jia called two of his colleagues to the corridor to discuss, "Do you think it is necessary to invite a few leaders to testify here?"

"Director, we don't think this matter involves a matter of principle at all, the old Qian of the Construction Committee is making a bit of a fuss, for such a little thing to stir up the people and alarm the leaders, what do you think the leaders will think?" The two colleagues did not want to embarrass their leaders, they did not approve of Lao Qian's suggestion.

"But in order to convince both sides, lest they have another incident, we have to find a way to convince them. ”

"We don't know what secrets or festivals there are between the two parties, and there is no need to know, but it is not difficult to see from Lao Qian's speech that the inspection department of the Construction Committee wants to hold on to it, and now the problem is how to let Lao Qian go. ”

"Yes, Lao Qian let go, and the problem will disappear, but how to convince Lao Qian?" Lao Jia stopped, and the three of them were thinking of a way.

A colleague suddenly said: "Both the reconsideration application report and Mr. Zhao's oral statement have repeatedly emphasized that the vacant houses in the elderly service center are temporarily rented out and can be recovered at any time as long as the service center needs it, which is enough to show that the investor is not deliberately taking advantage of the loopholes in the policy." ”

"Okay, just convince the old money from this aspect. ”

The three of them returned to the conference room, Lao Jia cleared his throat and said: "Through the collegiate discussion, we believe that there is no need to invite the leaders of the parties to testify, because the content of the memorandum was signed and confirmed by both parties in the negotiation at that time, and it can be completely accepted as evidence. ”

"Director Jia, do you want Changda Holding Company to change the use of the building without authorization in the name of the elderly service center and make a profit?"

"Director Qian, I would like to draw your attention to the fact that in the reconsideration application report and Lawyer Zhao's oral statement, they have repeatedly stated that the rental of vacant buildings by the elderly service center is only temporary, and the purpose is to make use of the idle houses, and they do not want to waste investment, and they do not want to make profits from it as imagined, and they can reclaim the rented houses at any time once the elderly service center needs it. Judging from this, we believe that Changda Holding Company has no attempt to use the elderly service center to exploit policy loopholes!"

Lawyer Zhao interjected: "To tell the truth, even if the idle real estate of the elderly service center is rented out normally, how much income does it have every year? As a listed company, Changda Holdings' parent company, Changda Group, is a well-known large enterprise in the province, and the income from renting out real estate is like a drop in the bucket, which is not worth mentioning at all! Whether it is the leaders of Changda Group or Changda Holdings, they have big things to consider, and they will never bother thinking about it for this little money. ”

"I also think so, it's not worth it for such a big company to go to great lengths to exploit loopholes for these two dollars!" said Lao Jia's colleague.

Although there was no refutation, it could be seen from his expression that Lao Qian was not willing to admit defeat like this, Lao Jia asked: "Director Qian, what do you think? If you have an opinion to say, since it is an administrative reconsideration, you must fully express your opinion, don't keep it in your heart, and the final conclusion must be convincing." ”

"I ...... Because he didn't achieve his goal, Lao Qian still spoke with anger, "Okay, the situation of the elderly service center is special, and we won't supervise it in the future!"

These words made Lao Jia feel awkward to hear, "Director Qian, this is an administrative reconsideration, as a leader of a functional department, it is irresponsible for you to say such things." ”

"It's not, it doesn't matter, it doesn't matter, this makes it difficult for our grassroots staff to do it!" said Lao Qian angrily.

Lao Jia was a little unhappy, "From the beginning to the present, have you heard from the three people in our reconsideration agency who said that you will not be allowed to supervise? Administrative reconsideration should be on a case-by-case basis, what is the point of going so far? If you have any opinions on the reconsideration result, you can solve the problem through legal channels." ”

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