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No. 8 of Ten Model Administrative Procuratorial Cases in 2021 Published by the Supreme People's Procuratorate: Hu A v. Government of A Town of A County, Hunan Province (case of supervision of administrative compulsion)

最高人民检察院发布2021年度十大行政检察典型案例之八:***诉***行政强制监督案

  • No. 8 of Ten Model Administrative Procuratorial Cases in 2021 Published by the Supreme People's Procuratorate: Hu A v. Government of A Town of A County, Hunan Province (case of supervision of administrative compulsion)
  • 最高人民检察院发布2021年度十大行政检察典型案例之八:***诉***行政强制监督案
  • [Keywords]
  • 关键词
  • substantive resolution of an administrative dispute, investigation and verification, public hearing, interpretation of law and reasoning
  • 行政争议实质性化解 调查核实 公开听证 释法说理
  • [Basic Facts]
  • 【案例简介】
  • In March 2016, the villagers' group of which Hu A (with partial name withheld) was a member was included in the scope of expropriation because of the construction of a government project, and signed a Land Expropriation Compensation Agreement with the local town government. Hu A neither signed or sealed the agreement nor received compensation. In March 2018, the town government eradicated part of the young crops on the land in accordance with the above Land Expropriation Compensation Agreement. Hu A sued in the court, claiming confirmation of the illegality of the administrative compulsory action, on the grounds that the town government had no legal basis for eradicating 10.5 mu (Chinese unit of land measurement that is 0.165 acre) of his contracted forest without signing an agreement with or paying compensation to him. As his claim was not upheld at first instance or at second instance, and was dismissed on petition for retrial, he applied to the procuratorial authorities for supervision.
  • 2016年3月,***所在的村民小组因政府项目建设纳入征收范围,该组与当地镇政府签订了《征地补偿协议》。***未在协议上签名捺印,也未领取补偿款。2018年3月,镇政府依据上述《征地补偿协议》对该组部分地上青苗予以铲除,***以镇政府未与其个人签订协议并补偿即铲除其10.5亩承包林木缺乏法律依据为由,诉至法院,请求确认该行政强制行为违法,一审、二审均未支持,申请再审亦被驳回,遂向检察机关申请监督。
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