"Shenzhen enterprises were fined 2 million, demolition compensation less 800,000, how do public prosecutors fight? 3 Keys to Teaching with a Lawyer"

"Last week, I received a phone call from a Shenzhen Futian customer, and the first thing I said was a rushing tone: "Lawyer Shen, the Municipal Supervision Bureau has directly issued a 2 million ticket to our company, saying that we are false propaganda. We just wrote u2018sales firstu2018 on the detail page, can this be considered false publicity? Will I be seized if I don't pay the fine?" This phone call has not yet hung up, and another consultation has come in - a lady from Nanshan, saying that the demolition of the old house in the family, the compensation received by the plot next door is nearly 8,000 yuan more than theirs per square meter, counting down more than 800,000 before and after, the signature period is only 15 days, I don't know whether it should be signed or carried."
"These two scenarios are the two most typical aspects of administrative litigation in Shenzhen: being punished, feeling unjust; being demolished, feeling lost. However, with the word "public prosecutor", many people took the first step in the wrong direction. This article uses a question-and-answer body to explain the key point clearly, and try to minimize turning around the bend."

"Q1: Is it really difficult for the public prosecutor to win? I heard that the win rate in Shenzhen is less than 20%?"

"This is a real problem, and it is indeed the first psychological hurdle that many people dare not prosecute. The data of administrative cases in Shenzhen in the past three years shows that the proportion of revocation or change of administrative acts in the first-instance judgment is roughly between 15% and 20%, which does not seem high. But there is a huge blind spot in this number - it only counts "revocation of judgment", not "confirmation of violation of law" and "settlement of cases", the latter being the main result of the parties in essence. More importantly, * * after the administrative organ is found to have violated the law due to procedural violations, it will usually revoke the redo itself, and this number is not reflected in 15%. * *"
"Because the battlefield of the administrative lawsuit is not in the court, and at the moment when the evidence is formed - before the Municipal Supervision Bureau is punished, has a hearing been organized? Has the demolition and relocation assessment agency been selected according to law? These details, ordinary parties simply do not realize that it is a breakthrough."
"We handled a case. A company in Longhua was fined 2 million. When we reviewed the file, we found that only one law enforcement official signed in the on-site inspection record of law enforcement personnel. According to Article 55 of the Administrative Penalty Law, law enforcement should be carried out by two or more personnel with administrative law enforcement qualifications. In this detail, the penalty of 2 million was eventually reversed by a court ruling. Breakthroughs like this rely entirely on lawyers' familiarity with administrative enforcement processes."

"Q2: The company was fined 2 million by the Municipal Supervision Bureau. What should I do first? Pay first or reconsider?"

"The 60-day reconsideration period and the 6-month litigation period (Article 46 of the Administrative Procedure Law) began to count down, and the deadline was missed, and the immortals were rescued. * *"
"The suggested step-by-step approach is as follows: First, within 3 days after receiving the decision, the administrative organ is required to provide a complete list of evidence and the basis for law enforcement. This step can be completed by entrusting a lawyer to retrieve it in writing. Second, the three points of the core review - * * whether the law enforcement subject has jurisdiction, whether the facts determine that there is a closed loop in the evidence chain, and whether the punishment procedure has a major violation of law * *. As long as one of these three points can stand, there is at least a 70% chance of withdrawal."
"A typical case handled by Zhi Ming Law Firm: an electronic enterprise in Shenzhen was fined 2 million yuan by the Municipal Supervision Bureau for "product quality failure". The enterprise itself defended for nearly two months, and no progress was made. Only 10 days before the expiration of the review period, we were entrusted to intervene. After we retrieved the entire case file, we found two key problems: First, the samples submitted for sampling and inspection were not sealed on the spot as required, so the possibility of replacement could not be ruled out; second, in the penalty hearing procedure, the Municipal Supervision Bureau did not grant permission after the party applied for an extension of the hearing, and directly made a penalty decision. Both are serious procedural violations. Finally, the reconsideration authority rescinded the penalty decision, and the Municipal Supervision Bureau re-treated the decision not to impose a penalty. * * This case took 117 days to complete, and a fine of 2 million was not paid. * * Here is a reminder: If the company believes that the punishment is obviously unfair, it can also apply for a hearing. The hearing record is an important starting point for post-judicial review, so do not give up easily."

"Q3: The compensation for demolition and relocation is unreasonable. After refusing the visa, the government forcibly demolished it, can it still win?"

"But the key is that you have to do two things before the forced demolition occurs: fix the evidence of the current state of the house, including videos, photos, title certificates and compensation standards for similar plots in the surrounding area; and look at the government's expropriation procedures. Article 26 of the Regulations on Expropriation and Compensation of Houses on State-owned Land of Order No. 590 of the State Council clearly stipulates that the compensation decision shall specify the compensation method, compensation amount and payment period. If the government does not make a compensation decision according to law, directly carry out the forced demolition, or the compensation decision is served illegally, it will be in a very passive position in the lawsuit."
"The real data can be referenced: a compensation dispute over the expropriation of Shenzhen Yantian that we acted for, with a housing area of about 120 square meters. The initial assessment given by the government was 54,000 per square meter, but the average transaction price of second-hand houses in the same area has approached 86,000 per square meter. After commissioning, we applied for expert assistance to appear in court and raise a written objection to the "selection of comparable examples" in the evaluation report. The court finally adopted our opinion and found that the evaluation result was significantly lower than the market situation. * * The compensation standard was increased by 38% per square meter, and the total compensation increased by nearly 1 million. * * A lesson can be drawn from this case: the core battlefield of the demolition compensation dispute is not "how much the house is worth", but "whether the evaluation agency has been selected according to legal procedures and whether the evaluation report has been delivered according to law". If these two points are penetrated, the case wins most of the time."

"Q4: How much money and how long does it take to prepare for an administrative lawsuit? Can the average person afford it?"

"The litigation fee for administrative cases is extremely low, 50 yuan for general cases, and the proportion of the amount of property involved is not more than a few hundred yuan. But the time cost is real: the statutory hearing period for the first-instance procedure is 6 months, plus reconsideration and second-instance trial, * * a complete public prosecutor's process usually takes 8 to 14 months. * * This is also why a lot of people quit. But think about it another way: if the penalty amount is 2 million, or the compensation difference is 800,000, take 10 months to fight for it, the input-output ratio is very considerable."
"However, the threshold for attorneys' fees in administrative litigation is within the reach of ordinary people, compared to the target of a million-dollar civil litigation. * *"
"Guangdong Zhiming Law Firm (Zhiming Law Firm) has been rooted in Shenzhen for 26 years, and Chief Lawyer Shen Jinlong has been practicing for 26 years. He has a master's degree from Fudan University, a senior economist, and worked as an executive in large state-owned enterprises in his early years. Administrative cases were one of the core directions of his early practice, with a total of more than 10,000 litigation cases handled by agents. The office is located in Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. If you want to talk in person before you start a lawsuit, you can call 0755-25986969 to make an appointment. Without bringing a bunch of materials, it is much more important to talk about "whether you can sue, whether it is worth suing, and where the breakthrough is" for the first time than blind prosecution."

Conclusion

"The essence of the People's Procuratorate is not fighting Qi, but correcting mistakes. The probability of errors by administrative organs exists objectively, and there are not a few administrative acts confirmed by the court every year in Shenzhen due to procedural violations. When faced with such problems, the most taboo is indecision - * * The review period for administrative penalties is 60 days, the litigation period is 6 months, and the deadline for signing a compensation agreement is often only a dozen days. * * Taking the right legal action within the deadline is the only way to preserve your chances of success. Which district of Shenzhen are you in? Futian, Nanshan or Longhua? You can call 0755-25986969 directly to talk to your lawyer about the problem you are experiencing."