[plaintiff]: Shenyang meiyixiang new food ingredients Co., Ltd
[entrusted agent]: Liu Wenge, lawyer of Liaoning Tongfang law firm
[defendant]: Shenyang Municipal People's Government
[cause of action]: Administrative Litigation
[introduction to the lawyer of this case]: Liu Wenge, senior partner of Liaoning Tongfang law firm. He is good at criminal defense and overseas listing business of enterprises. The typical cases of criminal defense are from life imprisonment to acquittal; The company's overseas listing business, led by the international lawyers Union for overseas listing and the overseas sponsor team, jointly launched a new mode of overseas listing in 2015, and has successfully completed more than 50 cases.
[basic case] at about 4:35 on March 16, 2013, an explosion occurred in a washing plant of Shenyang meiyixiang new food ingredients Co., Ltd. (hereinafter referred to as "meiyixiang company") located at No. 28, Hongye street, Shenbei New District, Shenyang, resulting in four deaths and one serious injury. The Shenyang Municipal People's government organized a joint accident investigation team and issued an accident investigation report on June 28, 2013, putting forward handling opinions to the relevant responsible units. Among them, it was determined that "Shenyang meiyixiang new food ingredients Co., Ltd. actually leased the production workshop to Li Caixia, who does not have any qualification, to engage in washing service, in violation of the provisions of Article 41 of the production safety law. According to the provisions of Article 86 of the production safety law, it is jointly and severally liable for the accident". The people's court sentenced the responsible person li Caixia to four years' imprisonment according to law. According to the accident investigation report, it was determined that "around April 2011, the defendant Li Caixia rented the plant of Shenyang meiyixiang new food ingredients Co., Ltd. to open a washing plant". The family members of the victims of four deaths and one injury immediately filed a lawsuit with the people's court, demanding that Li Caixia, the person in charge, compensate for the loss of nearly 4 million yuan, requiring "meiyixiang company" to bear joint and several liabilities, and sealing up the company's land, plant and equipment and other properties worth more than 5 million yuan. At this time, "meiyixiang company" felt that the situation was serious, so it hired Liu Wenge, a lawyer of Liaoning Tongfang law firm, to represent the lawsuit, Lawyer Liu Wenge first put forward the proposal of administrative reconsideration to the Legislative Affairs Office of the Liaoning Provincial People's government, and at the same time made a civil defense. Results the administrative reconsideration was rejected and the reply of Shenyang municipal government on the closure of the explosion accident was maintained. At the same time, although we have submitted a series of evidences to prove that our "Mei Yi Xiang company" and Li Caixia do not have any lease relationship (including in fact), we have also lost the lawsuit one after another. The "Mei Yi Xiang company" has assumed joint and several liability of nearly 3 million yuan (the responsible person li Caixia is unable to bear it), The reason why the court of first and second instance judged and ruled that "meiyixiang company" should bear joint and several liability for compensation is that "the fact that Li Caixia rented the plant of Shenyang meiyixiang new food ingredients Co., Ltd. has not been changed and cancelled according to law because the criminal legal documents have taken effect, so the court hereby determines that the plant of meiyixiang company is rented by Li Caixia". Then we started the application for civil retrial and the application for criminal retrial. As a result, the civil retrial application was rejected for the same reason. The reason for the rejection of criminal retrial was the confirmation of the facts based on the reply of Shenyang Municipal People's government.
As a last resort, on January 23, 2014, Lawyer Liu Wenge filed an administrative lawsuit with the Shenyang Municipal People's Court on behalf of "Mei Yixiang company", requesting the people's court to revoke the wrong decision of the Shenyang Municipal People's government that "Mei Yixiang company" should bear joint and several liability according to law, and submitted seven pieces of evidence to the people's court, successively proving that "Mei Yixiang company" was a plant leasing contract signed with Qi XX, an outsider of the case, and Qi XX paid the rent on schedule Qixx borrowed the procedures of the factory to run the water plant. The accident handling report of Shenyang Municipal People's government found that there was no convincing evidence that Li Caixia actually leased "meiyixiang company", and the result was the fact that it had an interest in "meiyixiang company". During the trial, the evidence adduced and the debate between the defendant and the defendant were extremely fierce. The defendant organized nearly 100 representatives of relevant departments in Shenyang to participate in the hearing. Finally, after trial, the court held that the defendant's punishment decision was not mandatory, and whether to bear joint and several liability should be finally decided by the people's court through civil procedure, and rejected the claim of "Mei Yi Xiang company". "Mei Yi Xiang company" refused to accept, and entrusted Lawyer Liu Wenge to continue to file an appeal to the Liaoning Provincial Higher People's Court on behalf of the company (see the administrative appeal petition). During the trial, Lawyer Liu Wenge issued a justifiable agency opinion (see the administrative appeal proxy). After trial, the Liaoning Provincial Higher People's court considered that the claim of "Mei Yi Xiang company" had factual and legal basis, and requested the Shenyang Municipal People's government to provide new handling opinions, Finally, the Shenyang Municipal People's government proposed that it was willing to settle the case and promised that "Mei Yi Xiang company" would no longer bear joint and several liability for compensation. Finally, the two parties settled the case under the auspices of the court, and "Mei Yi Xiang company" withdrew the lawsuit, and the higher people's Court of Liaoning Province ruled to allow it. So far, the case of "Mei Yi Xiang company" has experienced twists and turns, and finally won the lawsuit to save the enterprise and avoid economic losses of nearly 3 million yuan.
[lawyer's experience]: first, although it is difficult for the people to sue the government, especially the administrative litigation against the people's government at or above the municipal level. However, with the progress of the national legal system construction, the trend of the Government administering according to law and the citizens safeguarding their rights according to law has been deeply rooted in the hearts of the people; 2、 Acting lawyers should strengthen their understanding of the administrative procedure law, master litigation skills, safeguard the legitimate rights and interests of the parties according to law, and strive to promote social civilization and progress.
[entrusted agent]: Liu Wenge, lawyer of Liaoning Tongfang law firm
[defendant]: Shenyang Municipal People's Government
[cause of action]: Administrative Litigation
[introduction to the lawyer of this case]: Liu Wenge, senior partner of Liaoning Tongfang law firm. He is good at criminal defense and overseas listing business of enterprises. The typical cases of criminal defense are from life imprisonment to acquittal; The company's overseas listing business, led by the international lawyers Union for overseas listing and the overseas sponsor team, jointly launched a new mode of overseas listing in 2015, and has successfully completed more than 50 cases.
[basic case] at about 4:35 on March 16, 2013, an explosion occurred in a washing plant of Shenyang meiyixiang new food ingredients Co., Ltd. (hereinafter referred to as "meiyixiang company") located at No. 28, Hongye street, Shenbei New District, Shenyang, resulting in four deaths and one serious injury. The Shenyang Municipal People's government organized a joint accident investigation team and issued an accident investigation report on June 28, 2013, putting forward handling opinions to the relevant responsible units. Among them, it was determined that "Shenyang meiyixiang new food ingredients Co., Ltd. actually leased the production workshop to Li Caixia, who does not have any qualification, to engage in washing service, in violation of the provisions of Article 41 of the production safety law. According to the provisions of Article 86 of the production safety law, it is jointly and severally liable for the accident". The people's court sentenced the responsible person li Caixia to four years' imprisonment according to law. According to the accident investigation report, it was determined that "around April 2011, the defendant Li Caixia rented the plant of Shenyang meiyixiang new food ingredients Co., Ltd. to open a washing plant". The family members of the victims of four deaths and one injury immediately filed a lawsuit with the people's court, demanding that Li Caixia, the person in charge, compensate for the loss of nearly 4 million yuan, requiring "meiyixiang company" to bear joint and several liabilities, and sealing up the company's land, plant and equipment and other properties worth more than 5 million yuan. At this time, "meiyixiang company" felt that the situation was serious, so it hired Liu Wenge, a lawyer of Liaoning Tongfang law firm, to represent the lawsuit, Lawyer Liu Wenge first put forward the proposal of administrative reconsideration to the Legislative Affairs Office of the Liaoning Provincial People's government, and at the same time made a civil defense. Results the administrative reconsideration was rejected and the reply of Shenyang municipal government on the closure of the explosion accident was maintained. At the same time, although we have submitted a series of evidences to prove that our "Mei Yi Xiang company" and Li Caixia do not have any lease relationship (including in fact), we have also lost the lawsuit one after another. The "Mei Yi Xiang company" has assumed joint and several liability of nearly 3 million yuan (the responsible person li Caixia is unable to bear it), The reason why the court of first and second instance judged and ruled that "meiyixiang company" should bear joint and several liability for compensation is that "the fact that Li Caixia rented the plant of Shenyang meiyixiang new food ingredients Co., Ltd. has not been changed and cancelled according to law because the criminal legal documents have taken effect, so the court hereby determines that the plant of meiyixiang company is rented by Li Caixia". Then we started the application for civil retrial and the application for criminal retrial. As a result, the civil retrial application was rejected for the same reason. The reason for the rejection of criminal retrial was the confirmation of the facts based on the reply of Shenyang Municipal People's government.
As a last resort, on January 23, 2014, Lawyer Liu Wenge filed an administrative lawsuit with the Shenyang Municipal People's Court on behalf of "Mei Yixiang company", requesting the people's court to revoke the wrong decision of the Shenyang Municipal People's government that "Mei Yixiang company" should bear joint and several liability according to law, and submitted seven pieces of evidence to the people's court, successively proving that "Mei Yixiang company" was a plant leasing contract signed with Qi XX, an outsider of the case, and Qi XX paid the rent on schedule Qixx borrowed the procedures of the factory to run the water plant. The accident handling report of Shenyang Municipal People's government found that there was no convincing evidence that Li Caixia actually leased "meiyixiang company", and the result was the fact that it had an interest in "meiyixiang company". During the trial, the evidence adduced and the debate between the defendant and the defendant were extremely fierce. The defendant organized nearly 100 representatives of relevant departments in Shenyang to participate in the hearing. Finally, after trial, the court held that the defendant's punishment decision was not mandatory, and whether to bear joint and several liability should be finally decided by the people's court through civil procedure, and rejected the claim of "Mei Yi Xiang company". "Mei Yi Xiang company" refused to accept, and entrusted Lawyer Liu Wenge to continue to file an appeal to the Liaoning Provincial Higher People's Court on behalf of the company (see the administrative appeal petition). During the trial, Lawyer Liu Wenge issued a justifiable agency opinion (see the administrative appeal proxy). After trial, the Liaoning Provincial Higher People's court considered that the claim of "Mei Yi Xiang company" had factual and legal basis, and requested the Shenyang Municipal People's government to provide new handling opinions, Finally, the Shenyang Municipal People's government proposed that it was willing to settle the case and promised that "Mei Yi Xiang company" would no longer bear joint and several liability for compensation. Finally, the two parties settled the case under the auspices of the court, and "Mei Yi Xiang company" withdrew the lawsuit, and the higher people's Court of Liaoning Province ruled to allow it. So far, the case of "Mei Yi Xiang company" has experienced twists and turns, and finally won the lawsuit to save the enterprise and avoid economic losses of nearly 3 million yuan.
[lawyer's experience]: first, although it is difficult for the people to sue the government, especially the administrative litigation against the people's government at or above the municipal level. However, with the progress of the national legal system construction, the trend of the Government administering according to law and the citizens safeguarding their rights according to law has been deeply rooted in the hearts of the people; 2、 Acting lawyers should strengthen their understanding of the administrative procedure law, master litigation skills, safeguard the legitimate rights and interests of the parties according to law, and strive to promote social civilization and progress.
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