Civil administrative procuratorate
Xuancheng, Anhui: prosecutors "like me in litigation" to resolve administrative disputes and seven year disputes between two generations
Time: 2022-02-28 Author: News source: [Font size: large | in | Small

   A graveyard and a dozen bamboos have caused disputes for seven years between two generations. Relevant departments have also organized mediation, but mediation has failed many times.  

   "Dear Procurator Gao Jun, you are a good procurator who is loyal to the Party, the country, impartial justice, and works for the people..." On February 18, 2022, Hong Moujia, the applicant of the case, sent such a short message to Gao Jun, Director of the Fifth Procuratorial Department of Xuancheng People's Procuratorate, expressing his gratitude, and also informing the procurator that his application for withdrawing the supervision of administrative proceedings had been sent.  

   After Hong Moujia applied for procuratorial supervision, the procuratorial organ grasped the crux of the contradiction and made substantive solutions to the administrative disputes and civil disputes that have troubled the parties for many years by interpreting the law and reasoning, promoting reconciliation, and winning support.  

   Cut more than ten bamboos privately  

   "Butterfly Effect"  

   Hong XX B (Hong XX A's father) and Li XX were members of the same production team in a village in Guangde, Xuancheng during the collective period. Around 1980, Hong Mouyi planted a piece of Phyllostachys pubescens on the barren mountain slope behind his house, which gradually became a forest and extended to the edge of Li's parents' grave. In order to prevent bamboo from spreading to his parents' graves, Mr. Li cut down more than ten bamboo trees without authorization in 2016, and built a ring of retaining walls around the graves, covering an area of about 10 square meters.  

   For this reason, Hong and Li contradicted each other. During the dispute over the above issues, Mr. Li accidentally injured Mr. Hong and paid the medical expenses, and the contradiction between the two sides escalated.  

   In 2017, Hong Yiyi applied to the local village and town government for confirmation of land use right for enclosing about 10 square meters of land. After investigation, the town government believed that the disputed land was originally a collectively owned barren mountain. After Hong Eryi built a house on the private land near the barren mountain in 1979, he reclaimed the barren mountain above the foundation ridge behind the house to grow vegetables. Therefore, the disputed land did not belong to Hong Eryi's private land and decided not to confirm the right to use it. Hong Mouyi refused to accept the Reply and applied to the local municipal government for administrative reconsideration, which was also not supported.  

   Hong Mouyi refused to accept the reconsideration decision and filed an administrative lawsuit against the local city and town government. On the basis of finding out the facts, the court of first instance rejected Hong's claim according to law. After Hong Mouyi died in 2020, Hong Moujia took over his late father and appealed to Xuancheng Intermediate People's Court. After the court rejected the appeal, he applied to Anhui Higher People's Court for retrial.  

   After the provincial court rejected the retrial application, on November 25, 2021, Hong Moujia, unwilling to give up, applied to Xuancheng People's Procuratorate for supervision.  

   "Small cases" are not underestimated  

   Do more before closing the case  

   After reviewing the relevant case files, the prosecutor believed that the administrative decisions and administrative reconsideration made by the government in the case were legal, and the court's litigation judgment was no problem. However, the case handling prosecutor believes that if Hong Moujia's supervision application is not supported directly, the dispute and knot of the parties have not been solved, and the case has not been settled yet.  

   After analyzing the case, the case undertaker believed that the purpose of Hong Mouyi's application to the town government for the land use right was that both parties reported to the police after the dispute of "bamboo cutting" occurred. Since Hong Mouyi did not have the land certificate and the forest right certificate, he could not determine that the bamboo belonged to him, so the relevant department informed Hong Mouyi to solve the problem of "bamboo cutting" The premise of the contradiction is to first clarify the use right of the disputed land plot where the bamboo is located, which then led to the following two generations of Hong's father and son spending seven years in deep disputes, and almost walked through all the proceedings without resolving the knot.  

   The undertaking prosecutor decided to go to the scene of the case together with the relevant administrative departments, and at the same time make another effort to resolve the civil dispute over "bamboo cutting" and try to resolve the administrative dispute over "land".  

   Just after the Spring Festival, in order not to attract villagers' attention, the undertaking prosecutor and his party went to the village where both parties were located with the director of the local judicial office in casual clothes.  

   "If I'm suing"  

   Work together to solve the problem for many years  

   Li, a party to the case, is now over 70 years old. He told the prosecutor that he and Hong's father and son are not only in the same village but also distant relatives. He also wondered why the two sides had come this far.  

   After five years of working on the case, Hong has turned himself into a "legal expert". In addition to being familiar with the laws and regulations involved in the case, during the conversation with the prosecutor and his party, Hong Moujia frequently talked about his experience of political and legal hot words such as "Maple Bridge experience" and "handling the 'small cases' around the masses", and also told the prosecutor about the burden of travel and resentment in his heart.  

   The undertaking prosecutor learned that after Hong's death, only Hong's children continued to "fight a lawsuit". Over the years, after a long process of litigation and the patient interpretation and reasoning of the procuratorial organs and different departments, Hong also realized that his claim that "the disputed land is his father's private land" was not supported by the law. But if I give up now without a result, I feel unable to explain to my deceased father and brothers and sisters.  

   What made Hong Moujia especially puzzled was that he cultivated collective wasteland, planted bamboo, and worked hard. Decades later, no one had any objection. Can people cut down without saying hello? This does not conform to local customs, nor does it respect history.  

   The prosecutor realized that while the legal interpretation and reasoning were in place, he had to return to the "origin" of the case - bamboo.  

   "The Hong family reclaimed and planted bamboo on this collective wasteland, and it is legally impossible to give him the right to the collective wasteland, but he certainly has no problem with the ownership of the bamboo he has worked hard to plant." The prosecutor took this as a starting point, and proposed a mediation plan of "cutting bamboo from the beginning and cutting bamboo into bundles".  

   After negotiation, the two parties finally signed and reached a settlement agreement on the disputed land boundary, which was based on the courtyard wall built by Li's parents' grave. Li cut ten bamboo sticks in his bamboo forest and returned them to Hong. Both parties agreed that there would be no dispute on the bamboo forest cutting and the land boundary.  

   On February 21, 2022, the Xuancheng People's Procuratorate reviewed and believed that Hong and Li had reached a settlement agreement and fulfilled it. Hong's withdrawal of the application for supervision of administrative proceedings was his true intention and would not harm the interests of others. The case was terminated for review according to law. So far, the case has been substantially resolved. (All parties in the text are pseudonyms)