The party of the Supreme Court Xingshen No. 5764 handled by our firm (2019) drove 300 kilometers to Jiangsu Zhongshan Mingjing (Zhenjiang) Law Firm, the attorney Wu Rufeng, the Third Circuit Court of the Supreme People ’s Court Weiqiang, the Supreme People ’s Court Judge Lin Qingxing of the Third Circuit Court presented a pennant as a token of gratitude.

In 2004, the party Feng Mou bought a house from a villager in a village by way of purchase for daily operation. However, on February 14, 2017, the government of Town D issued a "Decision to order the Demolition of Illegal Buildings within a Definite Time" to demolish the houses involved in the case. people. At the same time, the government of Town D began to demolish the houses involved in the case in February 2017. The houses involved in the plots in the current case have all been demolished.

According to the information, the area involved in the case was approved by the D County Planning and Economic Commission in 1996. The construction, operation and management of this market are led and supported by the relevant administrative agencies of the district and town. Work permit, but it cannot be determined to be an illegal building. The party then filed an administrative review with the People's Government of District J. However, the District J government believed that the applicant was not a stakeholder and did not conduct a substantive review of the administrative review.

After accepting the case, the lawyers of the firm analyzed the case of the case and made relevant case searches.

This case is a typical administrative case caused by a demolition dispute. The general idea of dealing with similar cases can be confirmed through administrative litigation, and administrative actions are then filed. However, this case has its own particularity. The main subject of the demolition is the government of Town D. This means that if the action of forced demolition is illegal, the court of first instance is the People ’s Court of District J, and the retrial will only take place in the Senior People ’s Court of S City, taking into account regional protection Almost all similar cases were handled locally in S City, and the lawsuits carried out by more than 700 demolition households in the area that were not resolved in this way were eventually dismissed as not interested parties.

In order to protect the interests of the parties as much as possible, we chose another way of thinking, requesting that the administrative reconsideration decision be revoked and that the administrative reconsideration be substantively reviewed to improve the review level. The decision of the reconsideration is made by the government of District J. According to the provisions of Article 15 of the Administrative Procedure Law, the first instance is directly accepted by the Intermediate People's Court. At this time, the retrial can go to the Supreme People's Court, which avoids the problem of regional protection. Unsurprisingly, the court of first and second instance still dismissed the claim on the grounds that the house involved in the case was illegally constructed and the house sales contract was invalid. Through the retrial, under the mediation of Judge Wei Qiang and Judge Lin Qingxing of the Supreme Court, the two parties finally reached a settlement agreement, and the case achieved ideal results.