Qiu'S Woolen Sweater Market Was Jointly Defeated By The Demolished Owners And Won The Government.

< p > speaking of Yinzhou District Qiu AI woolen sweater market, I believe many readers are impressed.

In the 90s of last century, the market of Qiu Yi knitted sweater was built in Ningbo. More than 300 owners obtained property rights in some parts of the market by auction. They opened shop downstairs and lived upstairs, and their business was quite good.

Over the next few years, Qiu Yi woolen sweater market has been developing rapidly, and has been sitting in the number one seat of Zhejiang province for many years.

However, in September last year, the market of Qiu Yi woolen sweater was "demolished". Now, the market is deserted, and the entire market area is in ruins.

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< p > recently, the Zhejiang Provincial High Court has made a judgement: the construction company demolished the housing in the woolen sweater market is commissioned by the Chiu AI town demolition office, and the legal consequences should still be borne by the town government.

The original judgment and the administrative reconsideration decision shall be revoked, and the Yinzhou District government of Ningbo shall be ordered to make a reconsideration decision.

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< p > sudden change < /p >.

< p > Qiu woolen sweater market needs to be demolished and then built "/p".

< p > all this starts with a change in 2003.

In October 25, 2003, Qiu Po woolen sweater market and surrounding plots were auctioned for auction. In the case of no competitor, Yinzhou District Nevada real estate development company in Ningbo city took 130.854 mu of residential land, including woolen sweater market, at a price of less than 100 thousand yuan per mu.

According to the agreement between developers and the government, the residential project needs to start construction before May 31, 2004 and completed in two years.

Subsequently, the work of compensation was also carried out.

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< p > the owners who thought the government would "have a flat bowl of water" had signed the demolition contract in the wake of the leadership of Qiuai town.

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< p > Cai Weijun is one of the representatives of the rights protection owners. During an interview yesterday, she explained to reporters the oddment in the compensation: "the first batch of owners who signed contracts in 2006 had received a compensation of $7.8 million for each store. I signed the second batch in 2007, and landed the same house as the first batch, but got 1 million 30 thousand yuan.

The last batch of people who signed a lot can get 4 million 290 thousand yuan of compensation. The sooner the owner signed the contract, the more he lost. What is the reason? "/p".

< p > encounter demolitions < /p >

< p > No "demolition permit", the market was dismantled < /p >.

< p > because of the unfair treatment of different prices in the same room, the owners of the woolen sweater market have negotiated with the government departments many times. During this process, some owners found that the demolition was suspected of breaking the law and did not take the "demolition permit" without permission.

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< p > April 2012, the owner commissioned a lawyer investigation, and finally confirmed the fact that Qiu AI town did not have the "demolition permit" for demolition.

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< p > "we went to the housing authority to check, the property certificate is still the owner's name, the government has no reason to demolished the market of the sweater market."

Cai Weijun told reporters, "there are still important information on the demolition contract, such as the official seal of Party A and the specific delivery date of compensation, and so on. The information is not clear or incomplete. The actual effect of such a demolition contract is very doubtful."

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< p > however, in September 12th last year, during the process of communication and coordination between the owners and the government, more than 500 demolition personnel entrusted by the Zhejiang Tianyuan Building Decoration Engineering Co., which were commissioned by the government of the town of Chiu, entered the sweater market and demolished the houses.

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< p > the act of forced demolition once again infuriated the owners. Cai Weijun and many other owners jointly applied for administrative reconsideration to the people's Court of Yinzhou District. However, they were refused and appealed to the Ningbo intermediate court.

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< p > High Court judgement < /p >

< p > order the Yinzhou District government to make a reconsideration decision "/p".

< p > despite the frequent failures of letters and visits and lawsuits, the owners of the sweater market never gave up.

In May this year, the owner of a petition was sent to the higher people's Court of Zhejiang province.

After nearly 3 months of waiting, the owners finally waited for the long-awaited good news.

The higher people's Court of Zhejiang decided that the construction company should be commissioned by the demolition of the woolen sweater market and commissioned by Chiu AI town. The legal consequences should still be borne by the town government.

The original judgment and the administrative reconsideration decision shall be revoked, and the Yinzhou District government of Ningbo shall be ordered to make a reconsideration decision.

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< p > "although it is prepared and expected, it is quite unexpected."

Yuan Yulai, the attorney for the case, was very sympathetic. Although it was often said that the judiciary could persist, it was difficult to avoid interference from the administrative organs in some large-scale land expropriation and demolition cases. "So I think this case is a trial independence."

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< p > "the provincial high court is the judgement in August 15th. I got the verdict for 31 days. I am really happy!" although Cai Weijun has still been excited for several days, she said she was excited by the night when she got the verdict.

"5 years of rights protection, there are too many bitterness and bitterness. I do not dare to think about it now.

Over the past 5 years, I have forgotten my daughter's growth, neglected my care for my family, and devoted myself to this case. This result shows that our insistence is still right.

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< p > compensation scheme < /p >

< p > owner wishes to rebuild or compensate for woolen sweater market < /p >

< p > Cai Weijun told reporters that the attitude of the local government departments in Yinzhou District has changed to their owners. This makes her even more promising for the compensation. As for the concrete compensation scheme, Cai Weijun has her own idea. She said: "we should rebuild the place in the original woolen sweater market, let our owners return to their old life, or compensate the house or lose money according to the corresponding actual value. If it is money losing, we should get more than 4 million of the compensation as the last batch of people."

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< p > but things are not so simple. Although the decision of the provincial high court is that the owners of the sweater market win, this does not mean that they will be compensated accordingly.

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Xie Dengfeng, mayor of the town of Chiu, had made it clear that compensation for the owners remained unchanged in accordance with the original policy. He thought the government was not responsible for the demolition of the sweater market, and there was no P problem.

"How to remove permits, we bought the house, the people voluntarily."

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< p > Xie Dengfeng stressed that the government bought the house from the owner and signed the purchase agreement, so the house was the government after the agreement was signed, so the government did not need to remove the license for its demolition.

Xie Dengfeng said that he is waiting for the new reconsideration decision of the people's Government of Yinzhou District.

"Anyway, we will do whatever the court decides."

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< p > experts have a warning significance for promoting the government's administration according to law. < /p >

< p > administrative law expert, Zhang Jiansheng, Professor of Law School of Zhejiang University, believes that the proportion of housing demolition litigation is larger in administrative litigation. Some local governments often shirk responsibility for the reasons of entrust or employ construction company demolition.

In this sense, the judgement of the Zhejiang high court is extraordinary. It has a warning significance for stopping illegal illegal demolition and promoting the government's administration according to law.

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