On January 1, the family of 30-year-old Zhang Huifang, the legal representative of Zhengzhou Lvyuan Shanshui Ecological Agriculture Development Co., Ltd. (hereinafter referred to as "Lvyuan Shanshui"), received a report from the police of the Huiji Branch of the Zhengzhou Public Security Bureau. Notice of arrest approved by the Procuratorate of Huiji District, Zhengzhou City for the crime of illegally absorbing public deposits.
"This crime is a guise. Zhang Zhipeng (Zhang Huifang's father), Wang Shuanglei, Lu Qunxian, etc. who were involved in the crime were arrested in 2018, and have long been sentenced.
Zhang Huifang’s mother-in-law, Ms. Xu, said that “Lvyuan Shanshui” was forcibly demolished by the government and took the Huiji District Government to court. The Huiji Public Security Bureau repeatedly asked Zhang Huifang to change the subject of administrative litigation. Zhang Huifang disagreed and they took Zhang Huifang away.
The demolished Lvyuan Shanshui Ecological Park.Photo by Liu Hu
The court dismissed the company's lawsuit after the legal representative was taken away
The Lvyuan Mountain and Water Ecological Agricultural Sightseeing Scenic Spot is located on the shore of the Yellow River and east of the Mang Mountain.The park was built in June 2009, with a total area of 6 mu, of which the land area is 3350
With a water area of 387 acres, it is a comprehensive and multifunctional ecological park integrating modern agriculture, tourism, leisure and vacation, hot spring recuperation, business exhibitions, and picking and fishing.The park has a hot spring fitness center, a business conference center, a water four-season ecological catering center and a traditional cultural center, a business and leisure area, a hot spring recuperation area, a fruit and vegetable picking area, an experiential factory area, a soilless culture sightseeing area, a water amusement area, and a recreational area And ecological residential areas.
However, this beautiful scenic spot was forcibly demolished by the government three times from April to August 2020.
Works of this number'Zhengzhou"Provincial key leading enterprises" were demolished, and the government ordered them to change the situation, causing losses of over 10 billion"(Click on the title to read), once told the story of the demolition of the Lvyuan Shanshui Ecological Park by the Huiji District Government of Zhengzhou.
"Lvyuan Shanshui" sued Zhengzhou Huiji District Government, Zhengzhou Agricultural High-tech Industrial Demonstration Zone Management Committee, Zhengzhou Natural Resources and Planning Bureau Huiji Branch, and Zhengzhou Huiji District Environmental Protection Bureau to the Zhengzhou Intermediate Court.
Zhang Huifang, the legal person of Luyuan Landscape (before arrest).Photo by Liu Hu
June 2020, 12
When the Zhengzhou Intermediate People's Court heard the case on July XNUMX, the above four defendants all denied participating in the forced demolition.The judge asked the Huiji District Government and Dahe Road Sub-district Office to submit a statement after the trial, clarifying who is organizing and implementing the demolition.
On December 2020, 12, the Huiji District Government submitted a "Statement Statement" stating, "The Dahe Road Sub-district Office of our district is responsible, and the district government has notified Dahe Road Office to submit a statement to your hospital."
On December 12, the Dahe Road Sub-district Office submitted a "Statement Statement" stating that the demolition "will be implemented by our office."
On the evening of December 12, Zhang Huifang, the legal representative of "Lvyuanshanshui", was summoned and taken away by the Huiji Branch of the Zhengzhou Public Security Bureau. The police asked him to modify the subject of the administrative litigation and the Huiji District Government could not be listed as the defendant.
According to Zhang Huifang, police officers from Huiji District had visited her at his home on November 11 due to administrative litigation, but she was not found because she was absent.
According to her family’s later knowledge, Zhang Huifang firmly disagrees to amend the defendant, and Huiji Public Security Bureau detained her to Zhengzhou No. XNUMX Detention Center on the grounds of “suspicion of illegally absorbing deposits from the public”."Zhengzhou Huiji District Government invested in an investment guarantee company, and drew salaries from the bottom to entrap XNUMX creditors"There are detailed instructions, click on the title to read).
The government of Huiji District, Zhengzhou City.Photo by Liu Hu
After Zhang Huifang was detained, the Zhengzhou Intermediate People's Court issued an administrative ruling and rejected the prosecution of Luyuan Shanshui.
The company has filed an appeal to the Henan High Court
The Zhengzhou Intermediate People's Court stated in the "this Court's opinion" part of the ruling:
"The demolition involved in the case is an administrative factual act, and the basic principle of'who acts, who is the defendant' should be followed... It can be confirmed that the demolition involved in the case was specifically implemented by the Dahe Road Sub-district Office, Huiji District, Zhengzhou City. The four defendants listed in the plaintiff are not eligible defendants in this case."
"This ruling is simply an insult to people's IQ!" Zhang Huifang's family said, "If it weren't for the unified arrangement and organization of the Huiji District Government, could the office dismantle it on its own terms?"
*Zhengzhou Intermediate Court, which stated that the Huiji District Government should not be the defendant.Photo by Liu Hu
On January 2021, 1, "Lvyuan Shanshui" appealed an administrative lawsuit for illegal demolition to the Henan High Court.
Luyuan Shanshui stated in its appeal:
"The demolition involved in the case occurred within the jurisdiction of the Huiji District Government, and the Huiji District Government arranged to organize the demolition. The Dahe Road Sub-district Office is the dispatched agency responsible for the specific implementation. The appellant's prosecution was correct.
"To give a simple example, Zhang San instructed his three sons to beat Li Si, and the victim Li Si sued Zhang San and his son. Zhang San argued that it was my son who had beaten him and he should sue my son. It has nothing to do with me. Can it be established? The appellant believes that the court should consider world conditions and ethics when making a case, and maintain the consistency of legal principle and reason, otherwise it will make a joke."
The second instance of the case has not yet determined the time for the hearing.
The government continues to demolish related vegetable bases
Zhang Huifang is still in custody. The arrest notice issued by the Huiji District Bureau of Zhengzhou Public Security Bureau on January 2021, 1 means that Zhang Huifang will continue to be detained in Zhengzhou No. 29 Detention Center.
According to the lawyer who met Zhang Huifang, Zhang Huifang was not surprised by this result, "This is power, not law."
Zhang Huifang's mother-in-law, Ms. Xu, said: "The old Zhang family, father and daughter, were arrested. The park is even more deserted, which is convenient for the government to rob them."
In January 2021, the Dahe Road Sub-district Office in Huiji District began to forcibly demolish the Maozhuang Green Garden Vegetable Base for Zhengzhou local citizens.
The scene after the vegetable greenhouse was demolished.Photo courtesy of Zhang Huifang's family
The base originally belonged to Zhengzhou Maozhuang Lvyuan Industrial Co., Ltd., which reached an agreement with "Lvyuanshanshui" in April 2012 and became a partner.Maozhuang Green Park has successively won honors such as "National Key Leading Enterprise for Agricultural Industrialization" and "Double Hundred Market Project" implemented by the Ministry of Commerce.According to Zhang Huifang, Maozhuang Green Park directly drives the per capita net income of farmers in the base to reach more than 4 yuan, solves the employment problem of 15000 people, and indirectly creates 530 jobs.
"Under the instigation of the Huiji District Government, the Dahe Road Sub-district Office has demolished three vegetable greenhouses." Ms. Xu said, "They did not provide any formalities, documents, etc. during the entire demolition process, nor did they discuss compensation issues. Give 5000 yuan as a'removal fee' for a greenhouse."
It is understood that the construction cost of the greenhouses in the Maozhuang Green Garden Vegetable Base ranges from XNUMX to XNUMX each.
"In addition to the forcible demolitions of the vegetable greenhouses, part of the land in Luyuan Landscape was also ruled to be'nationalized'." Ms. Xu said, "Lvyuan Landscape will not give up, you can only fight hard!"
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