How do I represent the unit win this administrative lawsuit?

□ Zhang Suming

     One reason, case:

    A retired cadres, 68 year old Yang Herong was union hired back to work,1995Years6Month14On the afternoon of6When the40Minutes, Yang Xiaban back to the dormitory, riding a bicycle carrying a leather briefcase (in cash and 7470 yuan per unit, Department of advanced models to honor short rest section) and 5 pounds of sugar, when to stay floor shed, is putting the bike, found on the back seat of the bicycle basket briefcase disappeared. At that time only neighbor Yang Lixia (female, 40 years old) and sub Cai Mou (students) in the presence of a cart, see water Houyuan, Li Tianfu spoke in the duty room door. So, Yang Herong suspected Yang Lixia or Cai Mou for.

At about 8 that night, Yang Herong came to the long Fang Road police station. Police station and the Jinghu Public Security Bureau attaches great importance, timely organize forces to carry out detection, in order to Yang Lixia, Cai Mou summoned for questioning, and visited many masses, case Jiugong not break.

 Since then, Yang Herong repeatedly wrote, petition, request the public security organ in Yang Lixia, Cai Mou to take coercive measures. Therefore, case of the branch, bureau, the District People's Congress, District Committee of political science and law, city politics and Law Committee, many leadership attention.

     No fruit in the complaint case, Yang Herong and his wife Wu Xiulan will be a cavity resentment down Yang Lixia in the body, so often to Yang Lixia quarrel. On June 12, 1997 morning 9 when make, Wu Xiulan (69 years old) saw Yang Lixia, due to mistime one's remarks, both sides dispute again. The outcome of the conflict is Wu Xiulan left ear bleeding, diagnosis by the hospital for head trauma, common to the medical fee 515.80 yuan; scratch Yang Lixia neck, did not go to hospital for treatment.

    After the incident, long Fang Road police station to carry out a large number of investigation evidence collection, and make the dispute mediation opinions in September 10, 1997: according to the responsibilities of the parties, Yang Lixia bear part of the medical expenses of 200 yuan. Wu Xiulan does not accept, repeated complaints.

    In August 4, 1999, Yang Herong, Wu Xiulan respectively to Yizhisuzhuangjiang Jinghu Public Security Bureau to court.

      Two, the respondent countermeasures:

    According to the two different but related cases, as the Public Security Bureau agent ad litem, I carefully reviewed the case, a thorough understanding of the "administrative procedure law" and relevant provisions of the spirit, to defense, defense and defense strategy planning techniques, and the drafting of the two copies of "reply", the leadership issue after printing. The case files submitted to the Jinghu District People's court.

    In court, the plaintiff Yang Herong and defense lawyers play on the head, the public security organs to accuse, urged the court we branch to protect personal rights, property rights, legal responsibility. In this regard, I be neither humble nor pushy, neither fast nor slow, don't worry about that, I briefly introduce the following defence:

    The stolen 7470 yuan in cash, suspected neighbor Yang Lixia and Cai Mou for, my bureau after receiving the report, very seriously, immediately organized the police carried out a lot of work of investigation and evidence collection, and to place the case on file for investigation, because of insufficient evidence, there has been no case. At the same time, expressed deep concern and sympathy for the plaintiffs, leadership many times to coordinate with the City Federation of trade unions, to help solve the loss of half 7470 yuan. Thus it can be seen, which was a major theft criminal cases.

    The public security organ is different from the general administrative organs, which in addition to the management of state, at the same time or crime judicial organs. The law has not stipulated the criminal investigation activities, the public security organ, the people's court should accept the supervision and examination. That is to say, the criminal investigation activity does not belong to the category of administrative litigation law adjustment. Therefore, the people's court rejected the plaintiff to prosecute people.

    On hearing the case of Wu Xiulan, Wu and lawyer is more emotional, exhibits color photographs of Wu Xiulan was injured and a lot of blood, denounced the branch of our breath almost. I Killing with Kindness, to brake. First I enumerate through the evidence to prove the fact is, the plaintiff on June 12, 1997 morning 9 when make a point at one but abuse another see Yang Li Xia, Yang Lixia not to its theory, Wu Xiulan rushed to catch catch Yang Lixia, Yang had been beaten to dodge, closed immediately after entering the house, Wu Reng did not understand the hate, holding up a brick at Cai Jia glass window, broken glass splash but will Wu Xiulan scratch. The lawyer in court by his collection of eyewitness testimony. I looked carefully, the witness is confirmed by the Wu Xiulan first hit, after smashing windows behavior. I would turn back to hit those who misled, pointed out that the lawyers for the "shells" blew up himself. Then I show that the public security organs completely morally for Wu would like Yang Lixia, mobilization compensation for the partial loss of 200 yuan for medical expenses. Finally, I put four reasons the plaintiff cannot sue us branch in administrative litigation:

    (a) for the dispute, I earnestly carried out a lot of research work, and on this basis made the mediation decision, the public security organ to perform the duties. According to relevant regulations, if the party refuses to accept the mediation of the public security organ, but to the people's court according to the civil case against the other party (third), and the public security organs should not be prosecuted.

   (two) the civil dispute my bureau that do not constitute a public security case. Even if a public security case, in accordance with the regulations on administrative penalties for public security "Regulations" article thirty-ninth, must follow the preposition of reconsideration procedure, if a party refuses to accept the reconsideration, should be raised to a higher level of public security organs, while not directly file an administrative lawsuit. The plaintiff against the provisions in the second paragraph of "administrative procedure law" thirty-seventh spirit.

   (three) the main error. The police station is the law enforcement organizations authorized by the law, the debate on the specific administrative act of the police station, the police station as a defendant only, and should not be the Jinghu Public Security Bureau as a defendant.

   (four) the plaintiff even to the police station to mediate the dispute decided as a specific administrative act and disaffected, should also bring an administrative lawsuit in 1997, after 10 September 3 months now mention, is clearly more than the limitation of action.

     Three, the verdict:

     The Wu Xiulan case, the court considered the plaintiff, with Yang Lixia, Cai Mou after a dispute, the defendant's long Fang Road police station immediately conducted an investigation work, has fulfilled the legal duty. For the injured plaintiffs are Yang Lixia, Cai Mou is, because of a lack of evidence, the dispute can not constitute the penalties for Public Security Ordinance of public security cases. The defendant has not on file, there is no improper. In order to quell disputes, resolve conflicts, the accused still presents preliminary treatment, the treatment of the defendant refuses to accept the decision and not on file, may bring a civil lawsuit in accordance with law, does not belong to the scope of administrative litigation cases. Ruling dismissed the plaintiff prosecute Wu Xiulan.

    Wu Xiulan did not appeal.

    The Yang Herong case, the court of first instance ruled after losing against Yang Herong, the court of second instance, the appellant Yang Herong by the appellee Wuhu City Public Security Bureau Jinghu branch to carry money stolen report do not perform their statutory duties, has so far failed to arrest and bring an administrative lawsuit. After review, the Wuhu Municipal Public Security Bureau Jinghu branch Yang Herong received at the money stolen after a report is filed, and in accordance with the duty of investigation and evidence collection work. As for the investigation of cases, still belongs to the public security organs of the criminal investigation activities, does not belong to the scope of administrative litigation adjustment. Therefore, the ruling facts are clear, the applicable law is correct, should be maintained, decided to dismiss the appeal and upheld the original ruling.

[author, Jinghu public security bureau chief, this article was published by NTU graduate class magazine "economic and administrative" second]