[introduction of the lawyer in this case] Yuan Xin, a partner of Liaoning Tongfang law firm, has successfully handled many complicated and difficult civil, commercial and administrative litigation cases. Lawyer Yuan Xin's work style is steady and steady, and his work is meticulous and serious. His legal service work has been fully affirmed by clients. He has served as a legal adviser and agent in other civil and commercial litigation cases for many times, and has rich litigation agency experience, which has saved a lot of economic losses for the parties.
[judgment points] first, whether the case belongs to the scope of the people's court; Second, if the case falls within the jurisdiction of the people's court, whether the house involved in the case should be returned.
[basic case] the father of the defendant Yang is a cadre at or above the military level. The plaintiff, a staff Department of the Chinese people's Liberation Army, assigned the house located at No. 1, building 25, building 129, fengyutan street, Shenhe District, Shenyang City to the defendant's parents. Now the defendant's parents have passed away, and the property involved in the case was occupied by the defendant Yang, The plaintiff requested the defendant yang to vacate the house and pay the expenses for occupying the plaintiff's house according to the opinions of the leading group for the reform of the military housing system on properly solving the problem of the children of the deceased cadres at or above the military level occupying the house of the deceased cadres.
[judgment result] the final judgment of Shenyang intermediate people's court rejected the lawsuit of a staff Department of the Chinese people's Liberation Army.
[reasons for adjudication] according to Article 3 of the notice of the Supreme People's Court on the acceptance of real estate cases, the reply of the Supreme People's Court on the request of the real estate administration bureau of the Beijing Military Region of the Chinese people's Liberation Army for the court to accept issues related to the case of the housing of military family members ([2002] mltz No. 8), the reply of the Supreme People's Court on whether the court accepts the dispute over the retirement of military retired cadres from the military property According to the reply of the Research Office of the Supreme People's Court on whether the people's court accepts the cases involving the vacations, demolitions and resettlement of military real estate, the houses involved in the case are welfare houses. In the event that the plaintiff and the defendant fail to reach an agreement on housing clearance, the plaintiff's petition does not fall within the scope of the competent work of the people's court.
[legal basis] according to the provisions of Article 94 (3), (4), Article 97 and article 107 of the contract law of the people's Republic of China.
[lawyer's view] the reform of the military housing system is an integral part of the reform of the national housing system. It covers a wide range of areas and has a strong policy orientation. It is a long-term work. It should not only conform to the national housing reform policy, but also reflect the concern of the Party Central Committee and the Central Military Commission for the children of the deceased cadres. It should fully consider the history and reality of the children occupying the house. Therefore, it is not appropriate to simply "apply the policy across the board". At the moment of deepening the reform of the military housing system, this case provides a reference for subsequent cases.