73) on December 25, 2012.
73), whether the defendant has imposed administrative punishment on the plaintiff again, and if the plaintiff is punished again, the punishment decision and relevant facts, legal basis and service information shall be made public”.
On September 18, 2018, the defendant made the notice of handling government information disclosure application No.
Entrusted agent: Lin Jianming.
Fuqing natural resources and Planning Bureau of administrative punishment, Fujio Fujiyama and Fuqing natural resources and Planning Bureau appealed to this court against the Fuzhou intermediate people’s court’s (2019) min 03 xingchu No.
However, the planning department did not organize relevant technical departments to conduct necessary appraisal or demonstration after the inspection, nor did it consult the views of the punished person on whether the buildings involved in the case could take corrective measures to eliminate the impact on the implementation of the plan, Instead, it directly comes to the conclusion that the buildings involved in the case cannot be demolished without taking corrective measures to eliminate the impact on the implementation of the plan.
34 administrative ruling and transferred the case to the court of first instance for jurisdiction.
On June 6, 2019, the court made (2019) min 0102 Xing Chu No.
Entrusted agent: Jiang Dianhui, lawyer of Beijing Dacheng (Fuzhou) law firm.
Judgment document: Fujian Higher People’s court administrative judgment (2020) minxingzhong No.
After accepting the case, the court formed a collegial panel according to law to hear the case, which has been concluded.
On July 5, 2013, the defendant made the decision on administrative punishment of the case and the announcement of Fuqing urban and Rural Planning Bureau on the decision on administrative punishment of Fujio Fujiyama and Zhang Caiping for illegal construction (Ronggui [2013] No.
The facts were clearly determined and the law was correctly applied.
057) was revoked.
At the time of the decision on administrative punishment, the main part of the illegal building had been completed and could not be ordered to stop the construction.
Entrusted agent: Xu Yuanwei, lawyer of Beijing Dacheng (Fuzhou) law firm.
It was found in the original trial that the defendant Fuqing natural resources and Planning Bureau (former Fuqing urban and Rural Planning Bureau) made the administrative punishment decision No.
The facts were clearly identified and the applicable law was correct.
9, Qingchang Avenue, Fuqing City, Fujian Province.
199 appellant (plaintiff of the original trial) Fujiyama Tomio, male, born on December 5, 1960, Japanese nationality, residing in Japan.
However, the defendant’s service procedure was illegal, so the administrative punishment decision (rgfz (2012) No.
Entrusted agent: Li Xiaofeng, lawyer of Fujian huaisi law firm.
The reconsideration decision held that the plaintiff did not operate in Fuqing City in accordance with the provisions of the approved construction project planning license ×× town ×× The defendant punished the road for serious over area and over height construction.
According to Article 64 of the urban and rural planning law of the people’s Republic of China, the competent urban and rural planning departments of the people’s governments of cities and counties shall first perform the legal procedures of ordering the suspension of construction, rectification within a time limit, demolition within a time limit and other corrective measures, and when it is really impossible to eliminate the impact of illegal construction on the implementation of the plan, Only then can the administrative punishment measures of confiscating physical objects be taken.
74 administrative judgment.
It lacks careful and proper consideration, and the main basis is insufficient.
According to the original examination, if the construction of buildings, structures, roads, pipelines and other projects is carried out in the planned area of a city or town, the construction unit or individual shall apply for a construction project planning license to the competent department of urban and rural planning of the people’s Government of the city or county or the people’s Government of the town determined by the people’s Government of the province, autonomous region or municipality directly under the central government.
On August 23, 2018, the plaintiff Fujiyama Fuxiong and his entrusted agent Jiang Dianhui filed an application for government information disclosure with the defendant, Apply for government information such as “whether and when the defendant received the administrative reconsideration decision (RGF [2012] No.
The original trial also found that Fujio Fujiyama and Zhang Caiping were the same person.
The above contents were announced in Caifeng weekly on July 16, 2013.
Fujio Fujiyama v.
Legal representative: Zhang Xiao, director general.
001 to the plaintiff on March 14, 2013.
222 of 2018 to reply to the plaintiff’s application.
In this case, Fujio Fujiyama, the plaintiff, failed to work in Fuqing City in accordance with the provisions of the approved construction project planning license ×× town ×× The defendant Fuqing natural resources and Planning Bureau imposed an administrative penalty of confiscating illegal buildings on the road for serious over area and over height construction.
After the punishment decision was revoked, the defendant carried out on-site inspection and other investigations on the illegal construction involved in the case on February 1, 2013, and made the notice of planning administrative punishment No.
519).
Article 40 of the administrative punishment law of the people’s Republic of China stipulates: “the written decision on administrative punishment shall be delivered to the party on the spot after the announcement; if the party is not present, the administrative organ shall serve the written decision on administrative punishment on the party within seven days in accordance with the relevant provisions of the civil procedure law..
After obtaining the construction project planning permit, the construction shall be carried out in accordance with the provisions of the construction project planning permit.
The notice was announced in the newspaper of the people’s Court on March 23, 2013.
The plaintiff refused and filed an administrative reconsideration with the former Fuzhou urban and Rural Planning Bureau, which made the administrative reconsideration decision (RGF [2012] No.
057 on September 27, 2012 on the grounds that the plaintiff Fujiyama Fuxiong combined the two plots of land without authorization in Longfei Road, Longtian Town, which seriously exceeded the area and height and violated the laws related to urban and rural planning, Make a punishment decision to confiscate the plaintiff’s illegal buildings.
On September 29, 2018, Jiang Dianhui, the entrusted agent of the plaintiff, signed and received the decision on administrative punishment sued in this case.
The plaintiff refused to accept the punishment decision and filed an administrative lawsuit with the people’s Court of Gulou District, Fuzhou on December 21, 2018.
The appellant (defendant of the original trial) Fuqing natural resources and Planning Bureau, whose domicile is at No.
