从大同的拆迁看--------中国的法制建设10----张吉福书记 Judging from the Datong Demolition -------- Legal Construction in China 10 ---- Zhang Jifu Secretary

领导派书记来大同是否有拨乱反正------还大同公平的拆迁环境之意？
Datong, the leading secretary to Datong whether there is any order ------ Datong fair demolition of the environment meaning?

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状告区政府村委会胜诉 平谷区长出庭应诉 承认工作有瑕疵
状告区政府村委会胜诉
平谷区长出庭应诉 承认工作有瑕疵
11月13日，原告蒋里庄村村委会主任张满贵走进法庭，发现对面被告席上坐的竟是区长张吉福。庭审后，他告诉记者，没想到区长会来，之前也没人通知他。“感谢区长来到法庭，他来了，我们对审判的公正性更有信心了” 。
　　区政府领到败诉书
　　庭审中，平谷区政府代理人称，区政府有权为第三人颁发土地资格证，并且村委会与用地单位在平等自愿的基础上签订了补偿协议，该协议真实有效，因此不同意原告的诉讼请求。
　　蒋里庄村委则说，这块土地一直由村里占有并使用，1999年时，村里虽然与另一家单位签订了征占地补偿协议，但村里从没有收到任何征地补偿。
　　张吉福当庭补充道，涉案的国有土地使用证从程序上是合法的，但因涉案地块是上世纪90年代出让，相关手续可能有所欠缺，且颁证过程中确实存在程序上的瑕疵，“当时法律不是很健全，颁发国有土地使用证只做到了基本合法”。
　　平谷法院当天对此案进行了宣判。法院认为，被告平谷区政府为第三人金庄公司核发的涉案国有土地使用证违反了法定程序，应予撤销。鉴于金庄公司与原平谷县土地管理局签订了《北京市国有土地使用权出让合同》且支付了国有土地使用权出让金，其合法权益也应得到保护，平谷区政府应采取相应的补救措施。
　　■庭后采访
　　应以平等心态面对官司
　　领到败诉判决后，平谷区区长张吉福表示，区政府尊重法院的判决。他觉得区政府应以平等的心态面对官司，也希望通过自己出庭应诉的行动，引导更多的群众通过诉讼维护自己的合法权益，并以此让行政领导甚至公务员在作出一个决定时，一定要依法、依照程序来办理，否则就要面临被起诉。
　　记者还获悉，这次出庭是张吉福第二次作为区长坐上被告席。去年，区长第一次出庭，平谷区政府胜诉。当年1月，平谷法院向平谷区政府发送司法建议，建议区政府建立行政机关负责人出庭应诉制度。去年5月，平谷区政府专门出台了《北京市平谷区人民政府关于加强行政机关负责人出庭应诉工作的意见》，规定凡区政府及其下属部门涉及诉讼，行政“一把手”一年内必须出庭应诉一次。现在，“一把手”应诉率已经达到了85%以上。
　　晨报记者 李庭煊

也希望通过自己出庭应诉的行动，引导更多的群众通过诉讼维护自己的合法权益，并以此让行政领导甚至公务员在作出一个决定时，一定要依法、依照程序来办理，否则就要面临被起诉。
平谷区政府专门出台了《北京市平谷区人民政府关于加强行政机关负责人出庭应诉工作的意见》，规定凡区政府及其下属部门涉及诉讼，行政“一把手”一年内必须出庭应诉一次。现在，“一把手”应诉率已经达到了85%以上。

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领导派书记来大同是否有拨乱反正------还大同公平的拆迁环境之意？

District sued plaintiff Pinggu District mayor appealed against the village to admit flaws
District sued the village committee sued
Pingyao mayor appearing in court to admit the work flawed
On November 13, Zhang Mangui, director of the village plaintiff Jiang Lizhuang Village, entered the court and found Zhang Jifu, mayor actually sitting on the opposite seat. After the trial, he told reporters, did not expect the mayor will come, no one before informing him. "Thanks to the head of the district for coming to court, he is coming and we have more confidence in the fairness of the trial."
District government received the complaint
During the court hearing, the Pinggu District government agent said that the district government had the right to issue a land qualification certificate for the third party and the village committee and the land user signed a compensation agreement on an equal and voluntary basis. The agreement was valid and therefore did not agree with the plaintiff's Claims.
Jiang Lizhuang Village Committee said that this piece of land has been occupied and used by the village. In 1999, although the village signed an agreement on acquisition and acquisition of land with another unit, the village never received any land acquisition compensation.
Zhang Jifu added in court that the state-owned land use card involved is procedurally legal, but because the land parcels were sold in the 1990s, the relevant formalities may be deficient, and there are procedural flaws in the certification process , "At that time, the law was not sound and only the issuance of the state-owned land use certificate basically made it legal."
Pinggu Court sentenced the case on the same day. The court held that the plaintiff's government in Pinggu District, which issued the third-party Jinzhuang Company's state-owned land use certificate in violation of the statutory procedures, should be withdrawn. In view of the fact that Jinzhuang Company signed the "Beijing State-owned Land Use Right Sale Contract" with the original Pinggu Land Administration Bureau and paid the transfer fee of the state-owned land use right, its legitimate rights and interests should also be protected. Pinggu District government should take corresponding remedial measures .
Interview after the court
We should face the lawsuit with equal attitude
After receiving the verdict of losing the case, Zhang Jifu, mayor of Pinggu District, said the district government respects the court's ruling. He thought that the district government should face the lawsuit with an equal mentality and hoped that through its actions in court appearances, it would like to guide more people to defend their legitimate rights and interests through litigation so as to allow the administrative leaders and even the civil servants to make a decision, Must be handled according to the law and in accordance with the procedure, or face prosecution.
This reporter also learned that Zhang Jifu this court appearance is the second time as the mayor to sit on the dock. Last year, the mayor first appeared in court, Pinggu District government won. In January of that year, Pinggu Court sent judicial advice to the Pinggu District Government, recommending that the district government establish a system of responding to court appearances by persons in charge of the administrative organ. In May last year, the Pinggu District Government issued a "Opinion of Pinggu People's Government of Beijing Municipality on Strengthening Responsible Appeal at the Heads of Administrative Departments," stipulating that whenever the district government and its subordinate departments are involved in lawsuits and administrative "top leaders" must attend court within one year Respond once. Now, the "number one" response rate has reached more than 85%.
Morning News reporter Li Ting 煊

I also hope that through their actions in court appearances, more people are being led to defend their legitimate rights and interests through litigation so that administrative leaders and even civil servants must handle the matter in accordance with the law and in accordance with the procedure or face the challenge otherwise. be accused.
Pinggu District Government issued a "Beijing Pinggu District People's Government on Strengthening the Responsible Person Appear in Court Action Opinions," where the district government and its subordinate departments involved in litigation, administrative "top" must appear in court within a year. Now, the "number one" response rate has reached more than 85%.

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Datong, the leading secretary to Datong whether there is any order ------ Datong fair demolition of the environment meaning?