The Procuratorate of the Three Gorges Dam Area - Public Interest Litigation Promotes Win win
2022-11-24
Many years ago, a company in Yichang City, Hubei Province signed the Grant Contract for the Use Right of State owned Construction Land with the natural resources department of Yichang City to obtain the use right of a piece of land under the contract. The contract agreed that the construction would be completed within three years, and any delay in commencement and completion would be liable for breach of contract. According to the planning plan at the time of land transfer, part of the land is used to build hotels, but now the three-year contract period has expired, and the construction of the plot has not yet started. In April this year, the People's Procuratorate of Three Gorges Dam District of Yichang City issued a pre litigation procuratorial proposal for administrative public interest litigation to the natural resources department. The natural resources department studied the rectification measures, carried out the investigation and identification of idle land, negotiated with the company many times, and ordered the company to rectify quickly. However, both enterprises and natural resources departments have faced difficulties in how to rectify. Zhang Qin, the chief procurator of the People's Procuratorate of the Three Gorges Dam Area, said that the tourism industry is depressed due to the COVID-19, and enterprises are likely to lose money in building hotels. If the land is recovered as required, it is difficult for other enterprises to be willing to participate in the development of the land parcel and cannot ensure the efficiency of land use. On the one hand, let the government administer according to law; on the other hand, let enterprises survive and develop. How to promote a win-win situation through public interest litigation is a test of the wisdom of the procuratorial organs. Therefore, the Three Gorges Dam District Procuratorate made a field visit to understand the reality of the land. "If such a large piece of land is idle, can we build a kindergarten?" "It is not convenient to have such a large supermarket around. It is convenient for residents to build such a large supermarket on such a large piece of land"... Seeing the public prosecutor's field visit, the residents around have come forward one after another to talk about their opinions and appeals. After a detailed investigation, the procuratorate immediately held a hearing on the substantive resolution of administrative disputes. After full discussion among the administrative organs, enterprises and residents' representatives, a proposal of "putting forward the transition plan first, and then building according to the original plan when the time is ripe" gradually took shape. Soon, the natural resources department put forward a transition plan for the construction of commercial supporting buildings such as large-scale supermarket and automobile 4S store, based on the principle of "taking use first and serving the people's livelihood" and the goal of "improving supporting services and improving the convenience effect". Enterprises also expressed their support on the spot. The case promotes the development and utilization of the existing idle land, and finds a fit point for the interests of the people, the use of national land resources, and the development of enterprises. After the implementation of the plan, a win-win effect will be achieved. (Outlook New Times)
Edit:sishi Responsible editor:xingyong
Source:http://www.people.com.cn/
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