Zhiming Lawyer Achieves Complete Victory in "Citizen vs. Government" Administrative Litigation Case
[2] ▲ Shenzhen Municipal Government (Image source: Internet)
[3] Historically, lawyers handling administrative litigation where citizens sue the government have faced great difficulty! Because such lawsuits pit private rights against powerful public authority, the challenge is immense. However, recently, an administrative litigation case filed by Zhang against the Shenzhen Municipal Government, represented by Attorney Wang Tengfeng and Attorney Zhang Yong from Zhiming Law Firm, achieved a complete victory through litigation! After the first and second trials, the court repeatedly ruled in favor of our side (the appellee in the second trial).
正文
The case originated from an administrative lawsuit filed by our client Zhang Mou against the Shenzhen Municipal Human Settlements and Environment Commission (in a separate case) due to environmental pollution caused by a new power plant project initiated by the government. Because this case involved government information disclosure, it gave rise to this "case within a case." Zhang Mou requested the Shenzhen Municipal People's Government to disclose three government documents in accordance with the law: the "Study on the Site Selection and Planning Design Conditions for a Certain Power Plant in Shenzhen (Draft for Review)" (hereinafter referred to as the "Draft for Review") by the Shenzhen Municipal Planning and Land Resources Commission, which served as the basis for the new power plant project; the written opinions of the Shenzhen Municipal Urban Planning Committee reviewing the above project and documents (hereinafter referred to as the "Planning Committee Opinions"); and the written document approving the above project and documents by the Shenzhen Municipal Government (hereinafter referred to as the "Government Opinions"). These three documents were related to the public interest and were crucial to the new power plant project, playing a vital role in the trial of the separate case. After review by relevant departments, the Shenzhen Municipal Government made a decision in July 2016 that the "Draft for Review" and the "Government Opinions" were procedural information under review and study and thus not to be disclosed, while the "Planning Committee Opinions" should be applied for disclosure by the party through other departments. Zhang Mou disagreed with this decision, arguing that the "Government Opinions" should be made public, and thus filed a lawsuit with the Shenzhen Intermediate People's Court. After the first-instance trial, the court ruled against the defendant, the Shenzhen Municipal Government. The Shenzhen Municipal Government then appealed to the Guangdong Provincial Higher People's Court. In August of this year, this administrative lawsuit, which had lasted over two years, finally came to a successful conclusion, with the provincial higher court issuing a final judgment "rejecting the appeal of the Shenzhen Municipal Government and upholding the original verdict," resulting in a complete victory.
Faced with a powerful defendant, both the Intermediate Court and the High Court supported our lawsuit request and ruled against the defendant, which is not common in administrative litigation represented by lawyers. Behind the victory is the profound professional background and superb trial skills of Lawyer Zhiming, which reflects his spirit of daring to play games and superb wisdom in administrative litigation represented by Lawyer Zhiming! In this case, our legal representative, from the perspective of significant public interests in society, acted on behalf of the government; Approval Information; And self proclaimed so-called 'ldquo'; Process Information; To focus on the key points, we will conduct in-depth research on administrative substantive law and procedural law, and firmly grasp the role of the government; Confuse one's own deliberation and decision-making behavior with the specific behavior of functional departments; At the same time as this omission, we bravely put forward the idea of speaking frankly; The government's decision not to disclose it is a deliberate misinterpretation of legal provisions, a lack of due responsibility, and an attempt to shirk responsibility and avoid conflicts; The proxy lawyer won the final support of two levels of courts with strong persuasive power, which can be regarded as another classic case of literary and artistic rights protection litigation achievements.
结语
Speaking of Zhiming lawyers handling administrative litigation cases, one cannot avoid mentioning the "Maritime Palace" case from seven years ago. This case was handled by Wang Tengfeng, director of Zhiming Law Firm, and caused a social sensation with widespread coverage by domestic and international media. It has become an eternal classic in the field of administrative litigation in China and has been included in the Supreme Court Gazette and law textbooks of political and legal institutions.
Attached judgment
