Referee gist
Administrative organs in accordance with investment project management approach to investment and construction projects to be independent according to the law filed administrative actions do not involve land planning and site selection of the original land contractor land, there is no legal interest in the land between the contractor and the record evidence, it does not have the qualification of the plaintiff.
Case
May 13, 2011, the defendant Development and Reform Bureau Linzi district in Zibo City, Shandong Province in accordance with the investment project management approach, agreed to a Shandong Petrochemical Co., Ltd. 200,000 tons / year of special paste resin project to be filed, and make a temporary hair change the entry [2011] No. 55, "about a Shandong Petrochemical Co., 200,000 tons / year of special paste resin filing proof construction projects." The plaintiff 冯道亮 said its own legitimate land use in Linzi district contracted a town village, the defendant made a specific administrative act of filing the above project including land contracting plaintiff, the plaintiff did not seek the views of interested parties as, nor do the project substantive examination obligation, entities and procedures were illegal, violated the plaintiff's legal rights, pursuant to proceedings, the defendant requested the court to confirm the record of illegal conduct, and revoked the record show that the defendant made the construction project.
Referee
Linzi District of Zibo City, Shandong Province People's Court that, according to the State Council "on new projects to strengthen and standardize the management of the notice" (Guo Ban Fa [2007] No. 64) requirements, filing system of enterprise investment project, the project Units must reform to develop management department filing procedures for the record, for the record, respectively, to urban and rural planning, land resources and environmental protection departments for planning and site selection, land use and the EIA approval process. When filing, the problem is not related to the land acquisition and disposition of the plaintiff alleged contract land, so the defendant filed May 13, 2011 to make construction projects prove no legal interest with the plaintiff. Court ruling: Ping Daoliang prosecution dismissed the plaintiff.
After the verdicts, Ping Daoliang appeal. Zibo City, Shandong Province Intermediate People's Court after the hearing, the court rejected the appeal and upheld the original ruling.
Review
"Supreme People's Court on the implementation of <People's Republic of China Administrative Litigation Law> Interpretation of Several Issues" (hereinafter referred to as "Some explanations"), Article 12, with the specific administrative act has a legal interest in the citizens, legal persons or other organizations for the behavior dissatisfied, it may bring an administrative lawsuit according to law. According to this provision, the Court reviewed the Chief Litigation, taking into account whether they have a legal interest, whether major review of citizens, legal persons or other organizations with "specific administrative act" has an interest in law, the basic approach of the review is administrative whether behavior has a real impact. If the administrative act not yet have a real impact, the legal status of citizens, legal persons or other organizations, legal protection of rights and interests will not change. Administrative legal relationship established by the executive and administrative counterpart, the legal relationship between the executive person, excluding civil legal relations with other civil subject status between the executive body based counterpart. Administrative act of an administrative organ for a relative or related person may also make civil legal relations Property relations relative person or person other than the civil subject, creditor relations and other changes, the interests of property rights, creditors, debtors It may be affected. Real people, creditors, whether the debtor has the plaintiff qualifications, generally need to be considered "as appropriate obligations" whether administrative legal norms of the executive administrative act accordingly when to be clear. If the administrative laws and regulations clearly stipulates that when an administrative act of an administrative organ, should be considered property rights, creditors, the debtor's rights and interests, the administrative authorities and the right holder, has formed a "legal" administrative legal relationship between the creditor, the debtor The Property, creditors, debtors have no doubt plaintiff qualification; if there is no clearly defined administrative laws and regulations to consider the interests of the executive organ of the body in making administrative act, the administrative organ has no legal obligation to consider the interests of the law away. Exceptional circumstances, the administrative laws and regulations, although there is no clearly defined "as appropriate obligations" the executive authorities, but the interests of the body due to administrative action caused actual harm, and no other way of relief, with the plaintiff qualification.
Administrative record means that citizens, legal persons or other organizations according to law and administration related to specific matters related materials submitted to the executive body, the administrative body of the submitted materials to collect, collate, the fact that the behavior of a procedural and administrative law archived for future reference in system. The basic feature of this record is only after the competent authorities for the record is complete, the application personnel have engaged in an activity of qualifications or conditions. The filing is the essence of an administrative license is filed sense, most of the pre-filing as a follow-license conditions.
The present case, according to "on new projects to strengthen and standardize the management of the notice" requirement (Guo Ban Fa [2007] No. 64) of the State Council, a filing system of enterprise investment project, the project to develop the unit must first reform the record management department for the record, for the record, respectively, to urban and rural planning, land resources and environmental protection departments for planning and site selection, land use and the EIA approval process. For non-compliance with filing procedures or project has not been filed, urban and rural planning, land resources, environmental protection and other departments shall handle the relevant procedures. Development and reform of administrative examination and approval management department is the main capital investment projects for the record, the administrative counterpart is intended to invest in the construction of enterprises, the state made no provision to consider when filing behavior of specific land use planning may be involved in site selection, land and ground attachments expropriation and other content, without regard to the interests of human and property rights related administrative counterpart, creditor, debtor, etc., does not involve the filing behavior when making land plaintiff contracted to make the record the behavior of the plaintiff does not have a real impact, and No deprivation or affect housing ownership and land use rights contract plaintiffs of their rights still exist and can be exercised at any time, that the record does not conduct actual damage caused to the plaintiffs, against the house ownership and land use right of the plaintiff's contract. Unlike others do not have the interest or the interest of a particular project between the plaintiff and the filing behavior. Contractor plaintiff claims land issues can be resolved in accordance with the notice provisions and other entirely in accordance with the Land Management Law through other legal means.
