The respondent (the defendant in the first instance and the appellee in the second instance) is Hainan Yangpu Economic Development Zone Management Committee
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Request: rescind the judgment of the first and second instance and support the claim of the first instance
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The Yangpu Management Committee shall bear the burden of proof for the loss of live pigs, and the court of first instance shall decide to compensate for the loss
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Entrusted agent ad litem Zhang Qingsong
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In this case, hood claimed that forced demolition caused his pig loss, but did not provide corresponding evidence to prove his specific loss, which could not be supported
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Hu Dejiao, female, born on March 19, 1972, Han nationality, is the retrial applicant (plaintiff of the first instance and appellant of the second instance)
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Entrusted agent ad litem Xu Hao
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Although the effective judgment confirms that the forced demolition procedure is illegal, the nature of the illegal buildings has not changed
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That is, citizens, legal persons and other organizations can only obtain state compensation when their legitimate rights and interests are infringed by illegal administrative acts
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Therefore, the demolition of the pigsty does not infringe on the legitimate rights and interests of the other party, and should not be liable for compensation
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According to the second paragraph of article 116 of the interpretation of the Supreme People’s Court on the application of the administrative procedure law of the people’s Republic of China, the ruling is as follows: Hu Dejiao’s application for retrial is rejected
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Therefore, the forced demolition of the pigsty by Yangpu management committee did not infringe on the legitimate rights and interests of Hu De Jiao and should not be liable for compensation
.
133
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Hu Dejiao, the applicant for retrial, applied to this court for retrial of the case of administrative compensation against the Management Committee of Hainan Yangpu Economic Development Zone (hereinafter referred to as Yangpu Management Committee), who refused to accept Hainan Higher People’s court’s (2019) administrative compensation judgment No
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The claim that forced demolition caused other losses, but did not provide the corresponding evidence to prove the specific losses, the claim can not be supported
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A collegial panel has been formed in accordance with the law to conduct the review, and the review has now ended
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Hu Dejiao applied for retrial, saying: 1
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Judge Yang Zhihua judge song chuxiao judge Liu aitao January 29, 2021 clerk Tang Jinsong.
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The legal representative is Ren Qinghua
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And the temporary building is a simple structure, and the building materials are not damaged after demolition
.
2
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His pig farm was invested and constructed in 2010 with the support of the government’s employment policy, not illegal construction
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Although the effective judgment confirms that the forced demolition procedure is illegal, the nature of the hute pigsty as an illegal building has not changed
.
According to the fact found in the original trial, the hutchism pigsty was a simple structure, and the building materials were not damaged after demolition
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Entrusted agent ad litem Tang Hanyan, male, born on December 2, 1944, Han nationality
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In this case, the hute pigsty is a temporary building, which has been identified as an illegal building by Yangpu Management Committee according to the relevant provisions of the urban and rural planning law, and the illegal building is not protected by law
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Hu Dejiao’s application for retrial does not conform to the situation stipulated in Article 91 of the administrative procedure law of the people’s Republic of China
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To sum up, the rejection of Hu’s claim and appeal in the first and second judgments is in line with the law
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Temporary buildings have been identified as illegal buildings by the administrative subject according to the relevant provisions of the urban and rural planning law, and the illegal buildings are not protected by law
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Article 15 (1) of the State Compensation Law of the people’s Republic of China stipulates that when people’s courts try administrative compensation cases, the claimant and the organ under compensatory obligations shall provide evidence for their claims
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After examination, the court held that the case was caused by the administrative compensation dispute caused by the forced demolition of the hudejiao pig farm by the Yangpu Management Committee on the ground that it was an illegal building because it did not obtain the construction planning license
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Entrusted agent ad litem Yang Dexiu, male, born on April 17, 1979, Han nationality
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The losses claimed by Hu Dexiao include the losses of pigsty and live pig, which are described as follows: the first paragraph of Article 2 of the State Compensation Law of the people’s Republic of China stipulates that when state organs and their functionaries exercise their functions and powers, they infringe upon the legitimate rights and interests of citizens, legal persons and other organizations as stipulated in this Law and cause damage, the victims have the right to obtain state compensation in accordance with this law
.
