classic strioe boots Authority of conduction minin
Copartner is shown ” partnership agreement ” with government of county Party committee, county 5 · 12 ” conference summary ” .
[core hints]
Industrial and commercial business charter, ” mining permit ” show, ore dressing plant of level ground of yellow north of assist emperor county is an individual business, however, pool agreement and ruling book maintain his ” it is business of a partner ” . Here setting falls, “Individual operator ” Ding Mou is dealt with ” mining permit ” continuance, make over, caused dispute.
This dispute, not only the leading role that mine was in charge of a branch to become is dispute blame, return a drag in of branch of local discipline be careful in one’s conduct among them. How is this dispute to return a responsibility after all?
[report]
“Our iron ore was sold by a copartner “
“Our iron ore was given to sell by a copartner. ” on June 5, farmer of 4 assist emperor is mirrorred jointly to our newspaper, say they are copartner of ore dressing plant of level ground of yellow north of assist emperor county. In September 2002, with another copartner Ding Mou is collective and contributive 60 thousand yuan are dealt with ” mining permit ” . August 2005, ding Mou falls in the circumstance of other without the announcement partner, privately bureau of mine of place of Xiang Zanhuang county (hind incorporate with land bureau land bureau) application ” mining permit ” continuance. And new ” mining permit ” after be being taken, ding Mou made over others with 4.05 million yuan price again.
Make over, before change, bureau of mine of place of assist emperor county is in know perfectly well iron ore to be partnership business, ” mining permit ” below the circumstance that shares for copartner, did not investigate to other partner already,classic strioe boots, dispute is belonged to to undertake demonstrative to authority in reporting the opinion that check again, cause ” mining permit ” be made over and change, cause huge loss to them.
4 farmers disclose, accident hind is mirrorred for many times through them, prefectural discipline appoint undertook investigating, bureau of natural resources of cognizance county land has action of neglect one’s duty, dereliction of duty. Hope the reporter pays close attention to.
[investigate]
Board of inquiry maintains land bureau ” neglect one’s duty, dereliction of duty “
Be in ” mining permit ” in continueing to transfer a process with mining authority, does branch of director of mine of assist emperor county have really ” serve as in disorder ” behavior? On June 9, the reporter went to assist emperor to undertake investigating.
The agreement is in hand,
“Partnership ” became how ” individual ” ?
These 4 farmers are He Wenxue, Hao Jinshan, Zhao Xiuwen and Shen Xin company. In investigating a process, they showed to the reporter ” development of iron ore partnership runs agreement ” (the following abbreviation ” partnership agreement ” ) , handwritten ” proof ” with court of county of emperor of one paper assist ” ruling book ” .
Be in ” partnership agreement ” on, the reporter sees, it is besides clear copartner ” fourth × × (Ding Mou, the reporter is noted) , company of He Wenxue, Hao Jinshan, Zhao Xiuwen, Shen Xin ” outside, the first page has ” ore dressing plant of level ground of yellow north of assist emperor county ” official seal, the 2nd page has the autograph of afore-mentioned 5 people and an impression of the hand. ” partnership agreement ” agreed: “” mining permit ” belong to copartner collective and all, rights and interests is shared, responsibility partakes, copartner agrees with Ding Mou to hold the position of this mine legal person to represent, keep all sorts of card are illuminated. ” inscribe time is on March 8, 2003.
And ” authenticator ” be Ding Mou and Hao Jinshan ” proof ” say, “… act on combination to run mine, walk along dimensions to change the new thinking that management manages, classics and land mine bureau talk things over, entrust bureau of prefectural land mine to be us jointly mining door partnership handles license of exploitation of iron ore of Huang Beiping ore dressing plant. In December 2002 portion, ” mining permit ” apply for to do a form by land mine bureau. 2003, our mining door according to scope magnitude, to this card 75000 yuan of charge handling card undertook allocation and raise money, stone removal all mining besides some door paid fund fourth × × to give centrally land mine bureau… “
Shi Mou is the delegate of copartner legal person that land mine bureau drafts to nominate originally, because other partner does not agree, he is in then to what land mine bureau handed in him the portion does card fee 15 thousand yuan. Later, 5 copartner such as Ding Mou raised money again 60 thousand yuan, be in charge of giving by Ding Mou land mine bureau.
In addition, the reporter notices, book of ruling of court of assist emperor county (at the beginning of 2003 assist travel the 22nd) also maintain: “Ore dressing plant of level ground of yellow north of assist emperor county ties business of a partner.
Land mine bureau ever was appealed to to come prefectural court
Memory is signed ” cooperative agreement ” setting, 4 farmers say, in September 2002, bureau of prefectural land mine manages for normative mine, the requirement includes mining area of yellow north level ground inside partnership of 4 mining area is dealt with ” mining permit ” . But, of mining area of yellow north level ground ” mining permit ” after be being applied for to had done by land mine bureau, in January 2003, ding Mou to pay of land mine bureau 60 thousand yuan of when by them 5 copartner raise money cost handling card, but land mine bureau gave fourth some individual to issue receipt only. After that, they want receipt to Ding Mou, ding Mou does not give, do not give again dozen, they are forced to find land mine bureau. On March 8, 2003, bureau of prefectural land mine falls in the requirement of a few their people, call together Ding Mou and them 4 people signed this ” partnership agreement ” .
About this piece ” proof ” , hao Jinshan says, just began partnership to deal with ” mining permit ” when, land mine bureau drafts nomination Shi Mou to be represented for legal person, because of not if really, shi Mou is alone pay 15 thousand yuan of charge handling card, ” mining permit ” after doing, shi Mou holds card to disagree to Ding Mou, appeal to bureau of prefectural land mine then to court of assist emperor county. This paper concerned partnership is contributive those who handle card ” proof ” it is one of evidence that bureau of prefectural land mine submits prefectural court.
The person such as Hao Jinshan says, these 3 evidence, can prove they are copartner of ore dressing plant of yellow north level ground, also prove to was dealt with 2002 ” mining permit ” , they are apportion of charge. But, bureau of prefectural land mine is known perfectly well such, be in however accept ” mining permit ” continuance, in transferring a process, do not have already to their consult opinion, dispute is belonged to to undertake demonstrative to authority in reporting the opinion that check again, bring about ” mining permit ” be continued by the success and make over change, make them incomprehensible really.
Stone city letter visits a branch to enjoin mediation
4 farmers disclose, via Shijiazhuang city the letter visits a branch to coordinate, discipline of assist emperor county appoint established board of inquiry to undertake investigating. Current, board of inquiry already issued ” findings report ” , bureau of cognizance county land is put in behavior of neglect one’s duty, dereliction of duty. And visit a problem to coordinate those who solve them to go up, on May 12, government of county Party committee, county attends a meeting make ” conference summary ” , bureau of requirement county land is in charge of undertaking intercessory to the dispute between they and Ding Mou, reasonable allocation each interest.
But, mediate up to now did not make progress, responsibility person also was not found out related the branch of land natural resources that is put in working error.
[sound]
Prefectural discipline appoint: Affirmative not be partial to, regular meeting is handled
Prefectural land bureau is in those who accept Ding Mou ” mining permit ” continuance, in transferring a process, whether be put in behavior of dereliction of duty of neglect one’s duty?
Discipline of assist emperor county appoint Du Jianhua of deputy director general of members of standing committee, censorial bureau confirms, according to the county the leader makes instructions, prefectural discipline appoint, censorial bureau established board of inquiry to undertake investigating really. Via checking, the opinion of board of inquiry is, in mining of ore dressing plant of yellow north level ground authority continuance is reached in transferring a process,
Du Jianhua says, board of inquiry the basis that makes afore-mentioned conclusion, it is Huang Beiping the ore dressing plant is actual it is business of a partnership, copartner has 5, to this, besides ” partnership agreement ” rule with the court, be in charge of a branch as mine, land mine bureau ever still had been organized, should know the inside story is partnership business. 2, in know perfectly well this mine to be pool and below the circumstance that presence power belongs to dispute, deal with make over this answering that investigate personally, appear in the newspaper according to the facts, but concerned responsibility person was not investigated to other partner however, hand in the correspondence that check accord to make over an interest to be bought relevantly however get company of square auspicious day, hand in by Huang Beiping country government is checked.
As to how to treat relevant responsibility person next, du Jianhua says, on May 12 ” conference summary ” agreed ” inspect intercessory circumstance redo to handle ” .
Current, the opinion of board of inquiry has not reported prefectural discipline appoint standing committee, nevertheless he considers prefectural record appoint ” affirmative not be partial to, regular meeting undertakes handling ” .
Deputy director general of prefectural land bureau: Be no problem on the program
Han Jinglin, deputy director general of secretary of bureau of mine of former county land, director, in August 2007, land mine bureau and land bureau are amalgamative establish land bureau, han Jinglin holds the post of land bureau deputy director general, director mine works.
To the opinion of board of inquiry, han Jinglin thinks, be in ore dressing plant of yellow north level ground ” mining permit ” continuance, in transferring a process, “What consider possibly is not too complete ” , but on the program he thinks to do not have a problem.
Han Jinglin says, say from the program, examine should view industrial and commercial business patent,Chestnut Ugg, it is individual on business charter it is individual. Understand according to him, ding Mou’s individual paid 60 thousand yuan fee handling card, land mine bureau also gave receipt to Ding Mou, someone else appears and disappear a money, gave how many money each, he is not clear, more not clear ” development of iron ore partnership runs agreement ” with court of assist emperor county ” ruling book ” .
Have responsibility as to prefectural land bureau, han Jinglin says, “Whether to put in the problem to be maintained by the organization ” , he ” the individual said not to calculate, my individual considers as what do according to the program ” . Current, since ” conference summary ” the requirement undertakes intercessory, he is undertaking intercessory all the time, mediation is not two too, but still make progress without materiality up to now.
[viewpoint]
Land bureau is dispute only then the person that make tomb figure
To prefectural land bureau (it is land mine bureau formerly) whether to make mistake of dereliction of duty of neglect one’s duty, prefectural discipline appoint the viewpoint of the opinion of board of inquiry and land bureau is widely divergent. To this, much name thinks after lawyer analysis, discipline appoint the opinion of board of inquiry is objective.
Di Zhilong’s lawyer says office of Heibei Bo Shanglv division, on one hand, ” authority of prospect authority mining makes over administrative measure ” the 6th specific provision, mining authority is belonged to just can make over without controversy, mining authority is belonged to open to question the focus that is this case apparently; On the other hand, the court before this already maintained ore dressing plant of yellow north level ground to tie business of a partner, below this kind of circumstance, knowing perfectly well this mine is You Ding some inside a few copartner are managed together, still dealt with continuance of authority of this mine mining to reach for its make over. Accordingly he thinks discipline appoint board of inquiry make ” mining authority is belonged to open to question, director branch idle at fulfilling obligation, make mistake of dereliction of duty of neglect one’s duty so ” the opinion is objective.
Shijiazhuang city is Li Shugong of director of office of civil code law to also think, for normative mine management, prefectural land bureau mining area conformity, ask partnership of each mining area handles mining license, it is for this prefectural mine exploitation door does a good work originally, but, dealing with ” mining permit ” in the process, land mine bureau made a serious mistake, be being known perfectly well namely is copartner runs mine jointly, handle card jointly, licence carries bright ” economic kind ” , ought not to be ” individual ” .
Dispute results from misuse of authority of director branch exceed one’s authority
Di Zhilong says frankly, the source that this dispute arises and director branch are surmounted, misuse of authority has particular concern. His explanation says, mining permit should by the applicant lawfully explain get, but the fact is however by director branch first explain get, seek an applicant again, take the branch for the root. After that,ugg mini, ignore the fact of pool again, issue mining card the individual, break the law to deal with continuance of authority of this mine mining to reach for its make over, lead to dispute of consultative both sides. As to the dispute between copartner, the proposal can mediate processing first, mediation won’ts do, but repass proceeding gives solve.
“Discipline appoint the conclusion sex opinion of board of inquiry is very objective. ” Li Shugong thinks, cause the prime cause of this dispute, depend on an executive authority executing the law lax, not serious, not rigorous. She suggests, discipline appoint the superintend branch that serves as an executive authority, since had investigated Hunan clear, should not make exterior text solely next so, supervise land bureau to dissolve the issue that because of its oneself reason brings to common people and contradiction mainly however.
□ article / Andy of reporter of graph our newspaper