Mr. Wu from Guangxi was involved in a land ownership dispute, and he did not know how to protect his rights and interests, so he approached Beijing Jingkang Law Firm for help. After further research on the case, Mr. Li proposed a set of effective solutions for Mr. Wu.
Jingkang lawyer's demeanor
According to Mr. Li's plan and guidance, Mr. Wu first mailed the "Application Form for Disclosure of Government Information" to the county forestry bureau, requesting the disclosure of the forest right certificate of the mountain boundary, the forest right map and the "Public Welfare Forest Management and Protection Contract at or above the Autonomous Region Level" signed by the party and the village committee, but the county forestry bureau signed it on March 23, 2024, but did not reply for a long time. Seeing the deadline for replying, Mr. Li immediately drafted an application for administrative reconsideration and mailed it to the county government.
In the application for reconsideration, Mr. Li wrote:
According to paragraphs 1 and 2 of article 33 of the "Regulations of the People's Republic of China on Open Government Information", "where administrative organs receive an application for open government information and are able to respond on the spot, they shall respond on the spot." Where administrative organs are unable to respond on the spot, they shall respond within 20 working days of receiving the application; Where it is necessary to extend the time limit for responding, it shall be upon the consent of the person in charge of the open government information work body and inform the applicant that the extended period must not exceed 20 working days at the longest", in this case, the applicant made an application by mail according to the address left in the respondent's open government information guide by consulting the open government information column on the official website of the county government, and did not respond within the time limit prescribed by law after signing for it, and his conduct violated the above-mentioned legal provisions.
According to the first paragraph of Article 24 of the Organic Law of the People's Republic of China on Villagers' Committees, "the following matters involving the interests of villagers shall be discussed and decided by the villagers' meeting: (3) the establishment and fund-raising plan and construction contracting plan of the village's public welfare undertakings", the "Public Welfare Forest Management and Protection Contract at or above the Autonomous Region Level" involves the collective interests of the villagers, and the villagers' committee shall discuss and decide on the consent of the villagers' meeting before it can be signed with the respondent. In addition, according to Article 30, Paragraph 2 (1) of the Organic Law of the People's Republic of China on Villagers' Committees, which stipulates that "villagers' committees shall promptly publicize the following matters and accept the supervision of villagers: (1) the matters discussed and decided by villagers' meetings and villagers' representative meetings as provided for in Articles 23 and 24 of this Law and their implementation", the applicants in this case belong to villagers' committees and have the right to supervise the villagers' committees' open affairs matters.
During the administrative reconsideration of the case, the county forestry bureau issued a "Reply to the Application for Disclosure of Government Information" to Mr. Wu on May 14, which was served on the applicant on the same day.
Lawyer Li contacted the county government to further communicate the delay in replying, indicating that the respondent automatically extended the reply period to May 14, 2024 without informing the applicant on the grounds that the contract involved the legitimate rights and interests of the third-party village committee and solicited opinions from the village committee, which had no factual and legal basis. On May 14, 2024, the respondent issued a "Reply to the Application for Open Government Information" to the applicant, which violated the provisions of paragraph 2 of Article 33 of the "Open Government Information Regulations" and was a failure to perform open government information duties within the statutory time limit. According to Article 66 of the Administrative Reconsideration Law of the People's Republic of China, "if the respondent fails to perform its statutory duties, the administrative reconsideration organ shall decide that the respondent shall perform the duties within a certain period of time", the administrative reconsideration organ shall order the respondent to perform the duty of open government information within a certain period of time.
Case outcome
In view of the fact that the respondent has already made a "Reply to the Application for Disclosure of Government Information" on the applicant's application during the administrative reconsideration period, it is no longer meaningful for the county government to order the respondent to perform its statutory duties in accordance with Article 66 of the "Administrative Reconsideration Law of the People's Republic of China". In the end, the county government made the following decision in accordance with the provisions of Article 65, Paragraph 2, Item 2 of the Administrative Reconsideration Law of the People's Republic of China: confirmed that the respondent county forestry bureau failed to perform its duties of open government information within the statutory time limit.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.