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Face relevant document of tall county public security bureau to show, be Wang Bangwen of 58 years old is Party member of the Communist Party of China, face tall county public security bureau labour is diligent personnel (was enrolled to be national worker 1978, enjoy finance salary) , be in before government service be removinged face police station of Huang Tong of tall county public security bureau to work.
On October 30, 1993, and village and face bureau of tall county forestry to sign ” affiliation litchi contract ” , the affiliation cultivates 247 mus of litchi. Bureau of forestry of county of of the same age invests capital every mus 500 yuan, responsible instructor, kind the seedling is supplied and fruit is bought.
Because manage the problem such as technology,ugg baby, method, litchi beneficial result is bad. Face tall county public security bureau on-the-job permanent staff (mergence alarm) , village person Wang Bangwen is the same as in what face police station of Huang Tong of tall county public security bureau to go to work, put forward to contract this litchi garden, assume sole responsibility for its profits or losses. On Feburary 1, 1997, the village was signed with Wang Bangwen ” contract book of Li garden contract ” , contract deadline is 40 years. Contract to just have access only, did not transfer power.
In March 2006, the villager tells Wang Bangwen the court. Appeal to say to be in 2003, below the condition that its did not impose so that the villager agrees to reach forestry branch to permit, do sth without authorization chops litchi entirely kind on banana, still take the land of accuser in circumjacent enlarge. Additionally the other side never has made deposit, did not pay up to now 2005 contract gold. Its conduct is serious already break a contact.
The villager when front courtyard careful still puts forward, the accused is personnel of on-the-job public security, basis ” the Central Committee of Communist Party of China, the State Council about checking further Party and goverment officials and party card cadre are in business, the regulation that does a business ” and ” the Ministry of Public Security about prohibiting public security mechanism is in business the regulation that handles enterprise and public security policemen to be engaged in running an activity ” , the request affirms former, the accused is signed ” contract book of Li garden contract ” invalid, sentence your the accused to put in litchi garden ’s charge to return accuser and pay to was mixed 2005 contracted 2006 gold 20 thousand yuan.
Wang Bangwen argue says, as a result of breed problem, litchi garden causes economic big loss to the accused, to increase income, just plant between litchi banana. The accused is a worker, not be formal policemen, not deregulation. Accuser with the accused it is on-the-job public security the contract puts forward to disable for personnel, reason is inadequate, give please reject.
First instance adjudicates:
The accused carries management deregulation under the counter
Face court of tall county people to think, because litchi garden is,accuser faces what collaboration cultivates affiliation of bureau of tall county forestry with the 3rd person, not be accuser solely invested belongings, its agree without what pass forestry bureau, it is illegimate that litchi garden hair bag gives Wang Bangwen. The accused belongs to worker of prefectural public security bureau, the hair in the basis (1986)6 date ” the Central Committee of Communist Party of China, the State Council about checking further Party and goverment officials and party card cadre are in business, the regulation that does a business ” the first, the 2nd regulation, former, the accused signs ” contract book of Li garden contract ” belong to seek profits sexual contract, the behavior of the accused already violated afore-mentioned regulations. The request of accuser should grant to support.
The court made first instance adjudicate in October 2006: Both sides signed on Feburary 1, 1997 ” contract book of Li garden contract ” invalid; The accused after this adjudicative become effective, before December 31, 2006, the litchi garden that contract 247 mus remand accuser.
Weigh careful to adjudicate:
Do not raise service personnel capacity of Wang Bangwen
Wang Bangwen refuses to obey to this, appeal comes province quadrangle. May 2007, province quadrangle makes a ruling, cancel first instance adjudicates, send face high court to weigh careful.
In October 2007, face court of tall county people to make heavy judgement definitely: Reject and the litigant request of the village. In the court decision that weigh careful, face high court to do not say a single word capacity of personnel of national public office. And this, just is this court in first instance court decision, the basis that adjudicates Wang Bangwen loses a lawsuit.
And the village refuses to obey to this court decision,Cheap Ugg Boots, appeal comes province quadrangle. Province quadrangle makes the ruling of heavy careful again. Face high people court the 2nd times to weigh the result of careful, and the village still loses a lawsuit. And the village refuses to obey again, appeal again to province quadrangle.
After the first quadrangle passes cognizance, the province thinks, villager group controller did not obtain villager authorization, have no right to appeal to authority on behalf of village group exercise. Ought to hold the villager or villager delegate conference to vote after passing, mention all right again. Made final judgment rule on June 3 this year accordingly: One, cancel faces court of tall county people (2008) is faced civilian 2 first word the 50th civil judgment; 2, reject and the prosecution of villager group.
Discipline appoint intervene:
Wang Bangwen rejects to exit land to contract
During this case lawsuit on July 16, 2008,tamina ugg boots, complete province begins Party and goverment officials and its staff member to contract, the country that rent (contain farming, forestry centre) land clears working conference is held. The conference says, contract to Party and goverment officials and its staff member, the outstanding issue that land of the country that rent exists, government of provincial Party committee, province takes seriously very much. At the beginning of 2007, wei Liucheng of secretary of provincial Party committee and governor Luo Baoming make written instructions respectively, the requirement contracts to Party and goverment officials and its staff member, problem of land of the country that rent undertakes investigating clearing. Province discipline appoint because this allotted discipline fining jade [2008]26 date ” contract about beginning Party and goverment officials and its staff member, the country that rent (contain farming, forestry centre) land clears the job implements plan ” , requirement service personnel must exit rural land to contract activity.
The Wang Weilu on the meeting asks, censorial mechanism should increase various record be careful in one’s conduct the strength of supervisory examination, work supervisory examination the whole process that manage of perforative Yu Qing works, adopt a variety of means aggrandizement to supervise an examination. To the problem that masses reflects, censorial mechanism should treat various record be careful in one’s conduct seriously, organize investigation in time to check. To practise fraud, conceal nitty-gritty of purpose, disobey those who organize principle and constituent discipline badly to want earnest processing.
And the village contracts Wang Bangwen then the circumstance of this village land is mirrorred face tall county period appoint. Face tall county period appoint take seriously very much, jointly with face land of tall county public security bureau, county to clear do wait for concerned personnel to look for Wang Bangwen to talk for many times, enjoin its appropriate exits land to contract. But Wang Bangwen is determined to hold to two opinions, do not exit land to contract otherwise. It is this ground turns by its child continue to contract, can raise rent, but highest cannot exceed every mus annual 66 yuan; 2 it is to compensate 2.9 million yuan of ability that its in advance throws to exit first. Such condition is mixed the villager of the village refuses.
Wang Weilu makes instructions:
Wang Bangwen is removed government service
This year on April 10, face tall county public security bureau and prefectural land to clear the staff that manage erupts simultaneously with Wang Bangwen talk again an ultimatum, place bright continue to contract with remove labor concerns two roads are chosen by its. But two conditions that its still are determined to hold to its to put forward, reject to exit land to contract.
But under, prefectural land clears do this matter to province discipline appoint report. Province discipline appoint the written instructions that clerical Wang Weilu made deadline gravity technically handle Wang Bangwen.
According to Wang Weilu’s written instructions, face tall county period appoint public security bureau of Xiang Lingao county sends letter, branch of proposal public security removes Wang Bangwen government service.
In receive prefectural record appoint after the proposal, face tall county public security bureau to held meeting of bureau Party committee a few days ago. Think Wang Bangwen is in as public security bureau the worker is diligent personnel, arrive during and the village contracts land is managed, in complete province Party and goverment officials and its staff member contract, land of the country that rent clears in the job, do not exit land by the regulation, its behavior already was disobeyed ” the Central Committee of Communist Party of China, the State Council about checking further Party and goverment officials and party card cadre are in business, the regulation that does a business ” ([1986]6 date) the 2nd regulation, basis ” labor law of People’s Republic of China ” the 25th the 2nd, ” contract law of labor of People’s Republic of China ” the 39th the 2nd regulation, remove Wang Bangwen’s labor concerns.
Face tall county period appoint concerned personnel says, wang Bangwen is from last year complete province of second half of the year begins Party and goverment officials and its staff member to contract, since land of the country that rent undertakes clearing working, the national staff member of the first government service be removinged, its aux would rather contract land and the way that does not want government service makes a person feel mysterious.