When reporting to Xu Dajun and Lin Hua, Chen Qingyun received a call from He Bi. He did not dare to answer it. After returning to the apartment building of the Sequoia Township Government, he called He Bi to his room and asked him the reason for the call.
.
"Boss, today the County Environmental Protection Bureau went to Hongshan Township to inspect the work. They found that our machine brick factory had not gone through the environmental protection approval procedures. We couldn't keep it, and we didn't have dinner. They left us a penalty decision letter and left." He
Bi angrily told Chen Qingyun that what happened today was not because the Environmental Protection Agency was unreasonable, but it was not something to be afraid of. It was just that He Bi had a natural fear of law enforcement officers, which was not unrelated to his experience.
Chen Qingyun is not sure whether there is anything wrong with the Environmental Protection Agency's punishment, but he believes in the principle that if you don't understand something, ask an expert. Regarding legal issues, the person he trusts most is Roman.
After listening to Chen Qingyun's narration, Roman said to Chen Qingyun with disdain: "I don't know if the officials of your county environmental protection bureau are intentionally bullying you, but they dare to issue a punishment decision rashly. Qingyun, you don't have to be afraid, they have two places."
Mistake: The Implementation Regulations of the Environmental Protection Law clearly stipulate that the county-level environmental protection department only has the power to impose a fine of 10,000 yuan in administrative penalties. They issued a penalty notice of 30,000 yuan, which has no legal basis; secondly, they have not been monitored and have no legal basis.
It is completely untenable to use any environmental monitoring data to issue a penalty decision to you based on subjective judgment. You can file a lawsuit in court based on these two articles."
Chen Qingyun asked worriedly: "If we file a lawsuit and they change the penalty decision or supplement the monitoring data, won't we also lose the lawsuit? The machine brick factory has not undergone any treatment, and there is billowing smoke every day. Indeed,
It violates environmental protection regulations."
Roman smiled and said: "Qingyun, you have to strengthen your study of administrative regulations, otherwise others will deceive you, and you still don't know how you were deceived. Administrative law is a procedural law. Once the penalty procedure is entered, the administrative unit can no longer collect evidence, or
That is to say, before they issued the penalty decision of 30,000 yuan, there was no transcript of the conversation with the person in charge of the company and no environmental monitoring. The penalty decision was meaningless. After the penalty decision was issued, the Environmental Protection Bureau could no longer obtain evidence, including the inability to
Supplement the records and monitoring data; secondly, the county-level environmental protection department only has the power to impose penalties of 10,000 yuan. They dare to issue a penalty decision of 30,000 yuan. This is completely to scare people who know nothing about the law. But you have to remember that you must
Within half a month, you can file an administrative lawsuit with the court, and you cannot apply for administrative reconsideration from the county government or the municipal environmental protection bureau. That’s all I have to say.”
Chen Qingyun still didn't understand and continued to ask: "Should we sue the Environmental Protection Bureau in the name of the township government or in the name of Tai'an Industrial Company?"
Luo Man knew that Chen Qingyun's shortcomings lay in the legal aspect, so he no longer talked in circles with him: "The township government and Yushen Tai'an Industrial Company have the same legal status. The punishment decision issued by the Environmental Protection Bureau will be in whose name
It makes no difference to file a lawsuit in court."
Chen Qingyun was still not sure, so he asked Luo Man: "Come here quickly. I can't trust the law firm in Yushen County. But I want to use this matter to make the law enforcement departments of these county governments restrain themselves. Otherwise, they will still be in trouble in the future."
You have to face similar troubles.”
Yushen Tai'an Industrial Company rejected the court's mediation proposal. The Administrative Tribunal of Yushen County Court will publicly hear Tai'an Industrial Company's lawsuit against the County Environmental Protection Bureau. This is the first public lawsuit between an enterprise and an administrative department in Yushen County.
Before the Administrative Division of the court opened, Lin Hua worriedly said to Xu Dajun: "Secretary, if Tai'an Company wins the case, the administrative law enforcement of government departments will face great difficulties in the future. Everyone knows how many people in our law enforcement team know the law;
If the Environmental Protection Bureau wins the case, I am even more worried that Tai'an Company will withdraw its investment from Yushen County, as there are still several projects that require their continued investment."
Xu Dajun said: "County Magistrate Lin, I think there is nothing to worry about. If the Rainshen Tai'an Industrial Company loses the case, it means that their work is inadequate, and Chen Qingyun will not have any ideas because of this; if the Environmental Protection Bureau loses the case, it means that
There are indeed problems with our administrative law enforcement and they need to be improved in future work. In any case, this lawsuit will only be beneficial to future development, so we will just wait and see what happens."
Lin Hua pondered for a moment and then said: "Secretary Xu, you are still capable. Please ask the court to handle this matter according to law." When Lin Hua expressed his stance, he did not forget to give Xu Dajun a high hat.
When Xu Dajun and Lin Hua were discussing the environmental penalty case in Sequoia Township, there was a lot of discussion among the cadres of the Yushen County Party Committee and the county government. Some cadres said: "This Chen Qingyun has just become the township head."
By allowing companies to sue the county government’s departments, we have exposed the power of the Environmental Protection Agency to the sun. If we let him get a higher position, we will all have to drink from the northwest wind.”
Some cadres said: "The cadres in Sequoia Township are courageous. Knowing that the Environmental Protection Bureau is wrong, they dare to sue the court. They should be supported."
Some cadres also said: "What the law is for, isn't it to serve the government? If a company dares to file a lawsuit with the government's law enforcement department, who will dare to seriously enforce the law in the future?"
In addition, some cadres said: "The County Environmental Protection Bureau is a bit outrageous. They can only have the final say on how much money to punish companies. Tai'an Industrial Company has the courage to break this myth. It depends on whether the county court dares to enforce the law fairly."
?”
Someone immediately answered this question: "The county court can only be the first instance. If they dare to mess around, the losing party will definitely appeal to the Quanhu City Intermediate People's Court, and the county court will definitely take it seriously."
"It depends on the attitude of the county committee. It turns out that County Magistrate Jiang often said: The law follows the policy, and the policy follows the form. Now Secretary Xu's words are the policy of Yushen County, and the county court dare not not listen."
"Do you think that Jiang Manzi is still in power? I think Secretary Xu and County Magistrate Lin are much clearer than him and will not interfere in this case."
"I heard that the lawyers of Yushen Tai'an Industrial Company were invited from Yanjing. They were also accompanied by reporters from Ziwei Daily. Now the County Environmental Protection Bureau will feel uncomfortable. I'm afraid Wu Tianxing won't even be able to sleep.
Bar."
Some people also said bitterly: "Wu Tianxing is also Meng Lin's lackey. They are all the people who wear crotchless pants with Jiang Zailiang. Jiang Zailiang was transferred away. They don't know how to restrain themselves. They deserve their misfortune." It seems that Jiang Zailiang is in Rain God.
The county is not popular.
Some people worriedly said: "Jiang Zailiang has been transferred, but his power is still there, and it is all in the hands of Meng Lin. Even Secretary Xu and County Magistrate Lin have given him three points. If Chen Qingyun goes against him, there will be no good results."
have eaten."
After Hu Jialai and Luo Man arrived in Yushen County, Chen Qingyun immediately reported to Xu Dajun and Lin Hua. Xu Dajun and Lin Hua both declined all entertainment and arranged a box in the Northeast Building.
Although it is not as luxurious as the Yushen Hotel, the local cuisine in the Northeast Building is very special. When entertaining guests from out of town, they basically arrange to dine in the Northeast Building.
"Director Hu, Yushen County is a small place. Don't be surprised if the hospitality is not good." Xu Dajun toasted to the Hu family. The Hu family was walking with Luo Man. How could Xu Dajun and Lin Hua not know his purpose? They thought: If Chen Qingyun makes trouble
Let's see how he ends up.
Hu's nickname is Old Fox, and he will not reveal his trump card easily: "Secretary Xu, we reporters travel all over the world and rarely pay attention to conditions. The secretary and the county magistrate personally received him, which made Hu feel flattered."
Xu Dajun knew that going around in circles with the Hu family was a waste of time. After drinking for three rounds, he cut into the theme of the night: "Director Hu, Yushen is a small place with a weak economy and cannot withstand any storms."
Hu Jialai laughed loudly: "Secretary and county magistrate, please rest assured. I am just here to learn, not necessarily to report on this lawsuit. This kind of thing happened in the Rain God. It may be a big deal. If it were placed
Along the coast, it’s commonplace. It’s not a big deal if a government department loses an administrative lawsuit. Rain God’s administrative lawsuit cannot become a typical example.”
Xu Dajun and Lin Hua understood that the Hu family had made it clear that they were here to support Chen Qingyun. What he meant was: if Yushen County could act according to the rules of the game, he would let it go; if Yushen County played some tricks, he would definitely
This will be regarded as a typical example.
That night, Xu Dajun and Lin Hua went to Meng Lin, Wu Tianxing and the president of the court and repeatedly warned them: This lawsuit must be handled strictly in accordance with the requirements of the law. No one is allowed to make small moves behind their backs. If they find that someone is not listening,
No matter who it is, they will fight it to the end.
Lin Hua hinted to Meng Lin that the director of the news department of "Ziwei Daily" has arrived in Yushen County, and he will follow up the entire trial. If the county court dares to play any tricks and becomes a negative example, the court will take care of the matter itself.
The county party committee and county government will not bear any responsibility.
After coming out of the county party committee building, Meng Lin and the other three people were so angry that they had already agreed to give Chen Qingyun a slap in the face. This young man who didn't know the heights of the world dared to offend them.
When Meng Lin sent people from the Environmental Protection Bureau to trouble Yushen Tai'an Company, they thought it was their right and they could let it be exercised. As for the authority stipulated in the law, they had no concept at all. A fine of 30,000 yuan was imposed on them.
They thought they were taking advantage of Tai'an Company. If they had known that their attitude was so bad, they would have directly issued a fine of 100,000 yuan, so that the gains outweighed the losses for Tai'an Company's machine brick factory.
Hu Lian, the president of the Yushen County Court, is Meng Lin's poker friend, and the two often decide major issues at hand at the poker table. For example, in this administrative lawsuit, Hu Lian once persuaded Meng Lin to take the initiative.
They asked Tai'an Company to mediate out of court. Unexpectedly, Tai'an Company ignored the problem and insisted on going to court. Meng Lin was so angry that he offered an olive branch, but Tai'an Company dared to refuse.
The mediation he had in mind was to reduce the fine of 30,000 yuan to 20,000 yuan or 15,000 yuan. As for the Environmental Protection Bureau to admit its mistake, that was out of the question.
In the past few days, they have gathered at the card table every night, and they have made up their minds. Even if Tai'an Company finds out the huge reason, they will lose the lawsuit. The authority of the government cannot be despised by any company.
But it was different now. Xu Dajun and Lin Hua were clearly standing on the dry shore, which made Meng Lin feel unable to swallow his breath.
"County Magistrate Meng, what should we do? I'm really unwilling to let Tai'an Company go like this." Hu Lian said frustratedly: "Without the support of Xu Dajun and Lin Hua, I would have to face the pressure of the Intermediate Court and I would not be able to bear the burden.
Take responsibility."
Meng Lin gritted his teeth and said, "Let's go, let's go to Quanhu overnight, and you notify the collegial bench to postpone the hearing for one day. I don't believe that the Intermediate Court will be as confused as Xu Dajun and Lin Hua."
A vice president named Wei Tianping of Quanhu City Intermediate Court received Hu Lian, Meng Lin and others. After listening to Meng Lin's report, he made it clear: If Tai'an Company wins this lawsuit, the entire Quanhu City
All administrative departments will blame the court and cannot allow such a thing to happen.
When he returned to Yushen from Quanhu City, Meng Lin was as excited as if he had been given a shot of blood: the leadership of Quanhu City is still good, and there is no need to pay attention to these two bumpkins, Xu Dajun and Lin Hua.
After much deliberation, Meng Lin found Chen Qingyun. After all, behind his back was the identity of a reporter from Ziwei Daily. He wanted to win without a fight and ask Tai'an Company to withdraw the lawsuit and accept mediation from the court.
Chen Qingyun didn't know where Meng Lin's confidence came from. He firmly believed that his choice was right. The machine brick factory had indeed not been approved and there was a certain degree of pollution, which could be corrected. Chen Qingyun was unwilling to accept out-of-court mediation. The key problem was that
, he couldn't accept that the county Environmental Protection Bureau was treating the law as a trivial matter. It was Meng Lin who obviously took the initiative to mediate, and hoped that Tai'an Company would accept the penalty first, and then the fine would be reallocated back to Tai'an Company in the form of pollution control subsidy funds.
Chen Qingyun didn't know that 80% of the sewage fees collected by the Environmental Protection Bureau from companies every year are pollution control subsidy funds and must be returned to the companies. As for which company it is given to, the power lies with the environmental protection department. And the remaining %
Twenty, it can be used as development funds for environmental protection undertakings.
At this time, neither party cares about the tens of thousands of yuan. One party wants justice; the other party wants face.
Chen Qingyun did not reject Meng Lin directly. He said euphemistically: "County Magistrate Meng, I can talk to Mr. Bai from Tai'an Company, but there is no guarantee that they will withdraw the lawsuit. After all, they are investing in Sequoia Township, and we have to respect them."
s Choice."
Chen Qingyun's words made it clear that his choice was to stay out of the matter. If Meng Lin knew about Chen Qingyun's status in these companies, he would have understood that Chen Qingyun had clearly rejected him.
Meng Lin still refused to give up. He said angrily: "Head Chen, you must understand your identity. You are the leader of the township government. You must speak from the government's standpoint and do not encourage these unscrupulous businessmen."
Chen Qingyun saw Meng Lin speaking unscrupulously and said unhappily: "County Magistrate Meng, Tai'an Company is a guest of Rain God to invest, not an unscrupulous businessman. I think they should be respected. As for litigation, it is a legal society now.
, even if the people sue the officials, it is normal."
If Chen Qingyun cannot be persuaded, Meng Lin will not be stupid enough to find Bai Sisi, the general manager of Tai'an Company.
The two broke up on bad terms, and the rest of the matter could only be met in court.