Guangdong Zhiming Law Firm's representation in a citizen-suing-official case won the top spot among Shenzhen's Top Ten Typical Administrative Cases
On July 16, 2019, the Shenzhen court announced the top ten typical administrative cases of Shenzhen in 2018.Represented by the Wang Tengfeng Literary Rights Litigation Team of Guangdong Zhiming Law Firm; Zhang v. Shenzhen Municipal People's Government Government Information Disclosure Case; Ranked first on this list!
This case originated from an administrative lawsuit filed by our client Zhang against the Shenzhen Municipal Human Settlements and Environment Commission (another case) due to environmental pollution caused by a new government power plant project. Because the case involved government information disclosure, this "case within a case" arose.
In 2015, Zhang submitted an application to the Shenzhen Municipal People's Government, requesting the disclosure of the "Study on Site Selection and Planning Design Conditions for the Shangkengtang Site of the Shenzhen Eastern Waste-to-Energy Plant (Eastern Environmental Protection Plant) (Draft for Review)" submitted by the Shenzhen Municipal Planning and Land Resources Commission to the Shenzhen Municipal People's Government, the written opinions of the Shenzhen Municipal Urban Planning Committee on the approval of the above project and documents, and the written documents of the Shenzhen Municipal People's Government approving the above project and documents.
However, this reasonable application by Zhang was rejected by the Shenzhen Municipal People's Government. The reason was that the content he requested to disclose was generated during internal communication, research, and review among the Shenzhen Municipal People's Government and the Shenzhen Municipal Planning and Land Resources Commission regarding the construction of the Shenzhen Eastern Waste-to-Energy Plant.Procedural information is not government information that should be disclosed.
The case was heard in the first instance.The judgment ruled against the Shenzhen Municipal People's Government.The court held that administrative organs should lawfully disclose information on the approval and implementation of major construction projects. The judgment revoked the Shenzhen Municipal People's Government's decision to deny Zhang's information disclosure application and ordered the government to reprocess the matter. Subsequently, the Shenzhen Municipal Government appealed to the Guangdong Provincial High Court. In the end, our side achieved a complete victory with the provincial high court's final judgment dismissing the Shenzhen Municipal Government's appeal and upholding the original verdict.
The victory in this case reflects the profound skills and superb trial techniques of Wang Tengfeng's literary and artistic rights litigation team in handling administrative cases. Wang Tengfeng's literary and artistic rights litigation team, from the perspective of major public interests in society, takes the government's; 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;. In the end, he won the support of two courts with his brilliant defense.
Behind the victory lies the highly responsible and courageous professional spirit of Wang Tengfeng's literary and artistic rights litigation team in handling cases. Even in the face of the powerful opponent of the Shenzhen Municipal People's Government, they were able to achieve complete victories in both trials, which is rarely seen in lawyers representing administrative cases.This case has been listed as the top ten typical administrative cases in Shenzhen in 2018, which is another significant contribution of literary and artistic rights protection litigation in promoting the fairness of administrative trials.
