66 Hubin Road, Gulou District, Fuzhou, Fujian.
Entrusted litigation agent: Huang Changqing, lawyer of Fujian Xiaoye Law Firm.
Person in charge: Sun Jiandong, director of the owner committee.
Source: Lu Faxing Talk! The copyright belongs to the original author.
The retrial applicant, the Owner Committee of Zhongfu West Lake Garden Community, Gulou District, Fuzhou City, Fujian Province (hereinafter referred to as the “West Lake Garden Industry Committee”), sued the Fuzhou Municipal People’s Government of Fujian Province (hereinafter referred to as the “Fuzhou Municipal Government”) for administrative inaction, disagreed with the administrative ruling (2020) made by the Fujian Higher People’s Court on April 3, 2020, and applied to this court for retrial.
Judge Wang Yan, presiding judge, judge Wang Hongbin, judge Wei Qiang, and clerk Zhang Dong made more wonderful recommendations on November 30, 2002.
Because the retrial applicant submitted a complaint to Fuzhou Municipal Government, the content of the application was actually to reflect the situation to the people’s government and make a complaint request, which belongs to the complaint matters specified in Article 2 of the Petition Regulations, and does not belong to the scope of administrative litigation of the people’s court.
Therefore, the court of first instance ruled not to file a case against the retrial applicant, and the court of second instance ruled to reject the appeal and uphold the original ruling.
The West Lake Garden Industry Committee applied to the Court for retrial, requesting acceptance of the case and supporting its claims in the first instance.
12562 retrial applicant (prosecutor in the first instance, appellant in the second instance): the owner committee of Zhongfu Xihu Garden Community, Gulou District, Fuzhou City, Fujian Province.
☑ Key points of the judgment: The party concerned thinks that the illegal building involved in the case violates the planning requirements, and submits a complaint to the municipal government, requesting the municipal government to investigate and deal with the illegal construction.
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It was wrong for the original court not to file a case against it.
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Entrusted litigation agent: Xia Yongming, lawyer of Fujian Xiaoye Law Firm.
The court does not support the reason for the retrial application submitted by the retrial applicant that cannot be established according to law.
The main facts and reasons for the application for retrial by the West Lake Garden Industry Committee are: the submission of the Application for Administrative Law Enforcement Complaint to the Fuzhou Municipal Government is not a petition, and the failure of the Fuzhou Municipal Government to deal with it constitutes an administrative omission.
The content of the application is actually to report the situation to the people’s government and make a complaint request, which belongs to the complaint matters specified in Article 2 of the Complaints Regulations, and does not belong to the scope of administrative litigation of the people’s court.
☑ Judgment document Administrative Ruling of the Supreme People’s Court of the People’s Republic of China (2020) SFXS No.
Domicile: 27D, Nanfu Building, Zhongfu West Lake Garden, No.
To sum up, the retrial application of the West Lake Garden Industry Committee does not comply with the provisions of Article 91 of the Administrative Procedure Law of the People’s Republic of China.
In accordance with the provisions of 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: reject the retrial application of the retrial applicant, the Owner Committee of Zhongfuxihu Garden Community, Gulou District, Fuzhou City, Fujian Province.
The Court believes that in this case, the retrial applicant West Lake Garden Industry Committee believed that the illegal buildings of PICC Property Insurance Company Limited Fuzhou Branch (hereinafter referred to as PICC Fuzhou Company) in Zhongfu West Lake Garden Community violated the planning requirements, submitted the Application for Administrative Law Enforcement Complaint to Fuzhou Municipal Government, and requested Fuzhou Municipal Government to investigate and deal with illegal construction.
The Court formed a collegial panel in accordance with the law to review the case, which has now been completed.