Excellent Cases | The administrative reconsideration cases represented by our firm are supported
On June 21, 2024, we received the Administrative Reconsideration Decision No. 66 [2024] of the Judicial Bureau of XX City, Guangdong Province, which was made by the Reconsideration Office of the Judicial Bureau of XX City, Guangdong Province. The case is an administrative reconsideration case of collective land ownership confirmation in a village jointly undertaken by the executive director, lawyer Xie Peina, and lawyer Hong Jingling. The Decision on Administrative Reconsideration (No. 66 [2024] of the General Office of the State Council) supports our request for reconsideration and revokes the administrative ruling made by its lower administrative organ (district government) on the confirmation of land rights.
This case is a dispute over the confirmation of land rights between two natural villages. Because the client did not understand the administrative confirmation procedure and did not entrust a lawyer to act as an agent, it was found that it was inconsistent with the facts after the district government made the result of land confirmation. When I found my lawyer, the time left for the lawyer to handle the case was only 30 days, which can be described as a time constraint and a heavy task.
Moreover, the lack of materials in the case is serious, because the client has no special system and personnel for the custody of materials and documents, resulting in the failure of many objective facts to provide evidentiary documents. After drawing up the list of supplementary materials, our lawyers immediately arranged time to go to the local courts of first and second instance to transfer the files related to the land of the case, went to the real estate center to obtain the land information of the village, went to the land involved in the case to collect materials, interviewed villagers and went to the village committee to understand the situation.
After collecting a large amount of evidentiary materials in a short period of time, the undertaking lawyer carefully analyzed all the materials and found many problems in the administrative ruling and the materials of the other party, so he submitted an application for hearing at the same time as submitting the application for administrative reconsideration, and strongly requested to state his opinions in person and conduct on-site investigation. After a trial of up to three months (the trial period of 30 days was extended due to the complexity of the case), the reconsideration organ made a reconsideration decision to revoke the confirmation of land rights by the district government.
Photographic records of the process of handling cases
The picture was taken by lawyer Hong Jingling when she first went to the scene to collect materials. Several of the trees were planted in 2003 in the statement of the next village, and 14 mu of trees were cut down four times. They wanted to prove that they had operated and managed the land for 20 years, but the actual scene was four of them for three to four years
The client, lawyer Hong Jingling, a third party (from the neighboring village), the respondent (from the district government), and staff from the reconsideration agency conducted an on-site investigation
At the insistence of lawyer Hong Jingling, the staff of the reconsideration authority entered the dense forest of the 021 plot involved in the case for investigation
Conclusion:
Land disputes often involve various historical issues between natural villages or villagers, and there are many complex and missing materials. However, patient analysis and active cooperation with lawyers to collect materials will always leave traces. If you also have land dispute issues, please contact us to solve your problems.
Lawyer Introduction
Xie Peina
Founding Partner and Executive Director
Hong Jingling
lawyer
Professional field:
Lawyer Hong Jingling has worked in judicial administrative agencies for administrative reconsideration review and trial, and is familiar with the review process and ideas of administrative reconsideration cases. After entering the legal profession, my main practice direction was handling administrative dispute cases, and I have provided legal services to multiple natural villages and government departments; I have rich experience in handling administrative dispute cases, especially in dealing with rural land disputes, and have my own unique experience in handling cases.
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