<h1 class="pgc-h-arrow-right" data-track="1" > brief case</h1>
The vessel was implicated for illegal sand mining and was impounded for up to a year without receiving any written decision
On December 30, 2019, Zhu Mou, who has been running a sand mining enterprise in Jiujiang District, Wuhu City, Anhui Province, was brought back to the Fanchang Police Station of the Wuhu Branch of the Jiangsu Shipping Public Security Bureau for investigation because of suspected illegal sand mining. Because it did not constitute a criminal case, the next day, the police station handed over the case to the Yangtze River Sand Mining Management Office in Ngee An District, Tongling City, and moored the ship in the designated area.
However, since the transfer of the case, the Sand Mining Office has not issued any written materials and has not taken any action on the case.
Zhu repeatedly asked the sand mining office to deal with it, but the sand mining office refused to deal with it on the grounds that Zhu could not provide the materials for which he was the actual owner of the ship.
The vessel faced dismantling and twice sued for court property preservation
Because Zhu Mou's own handling has not yielded any results, he entrusted Su Liming and Gao Fei's lawyers to defend their rights.
On August 14, 2020, the Tongling Ngee An District Water Conservancy Bureau was sued to the Tongling Ngee An District People's Court, but it encountered the situation of not filing a case or making a ruling not to file a case. Subsequently, through the procedure of complaining to the Intermediate People's Court and other procedures, the intermediate personnel were finally designated to accept the case (for details, see the article on the case handled by the pro-office: Administrative prosecution, the court neither files the case nor refuses to issue a notice of non-filing, how to deal with it?). ）。
However, in the lawsuit, Zhu learned that the ship had been towed to the ship dismantling company and was about to face dismantling.
In the face of the emergency, lawyer Su Liming applied to the Ngee An District People's Court for property preservation, and after full communication with the economic and administrative officer, and personally verified the ship's docking site, the people's court made a property preservation ruling, which saved the ship from being dismantled, prevented the expansion of losses, and also provided a full guarantee for follow-up treatment.
<h1 class="pgc-h-arrow-right" data-track="12" > court decision</h1>
After trial by the people's court, it was found that the water conservancy bureau's control of the ship was an administrative compulsory measure.
For more than a year after receiving and taking control of the vessel, the Water Conservancy Authority failed to ascertain the facts in a timely manner and make a disposition decision within the time limit prescribed by law.
verdict:
It was confirmed that the administrative compulsory measures imposed by the defendant Tongling Yi'an District Water Conservancy Bureau on the XXX vessel of Anhui Hanshan Cargo were illegal, and ordered to take remedial measures
<h1 class="pgc-h-arrow-right" data-track="17" > lawyer's idea: How can the parties remedy the situation that the administrative organ has not issued any written decision? </h1>
When the situation in this case occurred, when the vessel and other items were forcibly seized, but the administrative organ did not issue any written materials, how could the parties remedy it? When a direct lawsuit is filed, the people's court will often reject it on the grounds that no specific administrative act exists.
Litigation for the performance of statutory duties is the correct path in the face of administrative acts without a written disposition decision
Where an administrative organ has already taken a factual administrative act, such as seizing property, it may apply to the administrative organ to perform its statutory duties and request the administrative organ to handle it in accordance with law.
Where an administrative organ fails to make a disposition within two months after receiving an application, it may directly file a lawsuit to the people's court and request the administrative organ to handle it in accordance with law through a judgment.
Through this method of litigation, it is possible to get out of the dilemma of not being able to sue directly without a written decision.
<h1 class="pgc-h-arrow-right" data-track="24" > case number:</h1>
(2021) Anhui 0706 Line Chu No. 20
Lawyers: Su Liming, Gao Fei
Trial court: Tongling Yi'an District People's Court