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In recent years, nearly seventy years Maguang Bin always been a trouble troubled mind. He and his neighbors after decades of self-financing entrepreneurship and developed factory, overnight, split into the ground. As the demolition party in "compensation and resettlement agreement" on the signature was actually the local town government. Several hundred thousand dollars relocation relocation compensation, it is missing.

Maguang Bin and his workers have been seeking an answer: factory founded by residents of the self-financing, is owned by residents of all, or owned by the local government for all?

Relocation agreement signed on behalf of the town government

, who run businesses are suixi casting plant in Huaibei City, Anhui Province, the administrative area located west of the northern section of the Old City of Ten North County, belong suixi Suixi town jurisdiction.

According introduced in the 1970s, when some residents Suixi Town neighborhood off the self-financing founded casting plant. Subsequently, the factory from scratch, from small to large, twice during the expansion plant, plant expansion and the addition of several devices. Some employees do not receive paychecks a year, will be used to expand the reproduction.

Maguang Bin told reporters,chaussures louboutin homme, in 1994,http://enjoy.pial.jp/~easthill/cgi-bin/yybbs/yybbs.cgi, forced by market conditions, casting plant shutdown closed. At that time, the plant has accumulated under, including plant,http://www.to-jin.com/joyful/joyful.cgi, equipment and other fixed assets,hogan outlet milano, laid-off workers to fend for themselves at the same time, the commission Suixi town government will plant, equipment and other foreign leasing, to subsidize workers live.

Quiet life, was once the demolition broken. 2007, out of necessity suixi City Gate East Road construction, casting plant part of the plant, the land was included in the scope of the demolition of expropriation. January 21, 2008, in the case of the original casting plant workers absent, Suixi town government to be the identity of the demolition party, and the demolition party suixi Urban Construction Investment Company signed compensation and resettlement agreement. According to representatives of the employees introduced plant removal process, many companies missing data, some of the equipment has also been sold.

The news of the original casting plant employees both surprised and angry: "casting plant is obviously pays people to do business, target compensation and resettlement should be a government enterprise employees did the penny,http://www.5ixiao.com/forum.php?mod=viewthread&tid=2464018, how can freely dispose of businesses. property? Moreover, in recent years the plant leasing costs, but also has long been held town government. "

In order to prove property ownership for enterprise employees, presented to reporters suixi Real Estate Board to casting plant premises issued warrants, as well as casting plant to expand production of land acquisition agreement.

Collective enterprise assets belong to the local government for all?

Casting plant workers began to town to reflect the original question, I urge the government to respect the fact that the town Suixi confirmed employees of the enterprise property ownership, and requested that the plant lease payments, relocation compensation for workers living in difficult problem to solve.

May 7, 2008,moncler donna, the town held a party Suixi joint decision to cast pipe plant plant and ground attachments rental fee 69,000 yuan returned to the employees. As for the relocation compensation fee, "given the current UDIC relocation compensation is not in place until after the compensation funds, and then be resolved through consultation."

However, the casting plant workers from suixi Urban Construction Investment Company acquired notes show January 23, 2008, the city voted the company has 55.5827 million relocation compensation fee paid to Suixi town government, including housing compensation 215,scarpe hogan outlet,558.6 yuan, land compensation 313,562.5 yuan, 26,706 yuan compensation appendages.

Found that the town government, "contradictory", casting plant workers elect Maguang Bin, Zhang and other four representatives from Ling began to suixi, Huaibei municipal government of the problem.

October 14, 2009, the town government gives Suixi reply comments on the casting plant workers petition. The opinion had swept away party joint meeting "negotiation process" tone, but it clear that casting plant "is a township enterprise, so businesses of all assets belonging to the town government Shuixi all, in accordance with the relevant provisions of the collective assets can not be distributed to Personal ...... "and in the minutes stated on the return of party co-workers will be 69,000 yuan plant leasing fees, in this opinion, into a" town took 69,000 yuan to solve the financial difficulties in the lives of workers. "

Since casting plant property was clearly belong to government-owned, Suixi town government did not invest and set up factories to produce the relevant evidence to the reporter. Economic development office handling the matter, former director Hu Jinfeng Town Suixi (late 2010 redeployed to other towns served - Reporters note) told reporters that the town government and do not have the materials.

Maguang Bin and other workers believe Suixi town government did not invest too casting plant, it is impossible to come up with evidence. Since the business is located in Suixi town, the town on the casting plant exercised executive power, but management is not the same as having, casting plant workers' collective assets, "our hands real estate license, land lease agreements and contracts can description of the problem. "

Court Full Court: the case of the demolition workers compensation

Petition way dead, casting plant workers will be counting on litigation.

December 30, 2009, and other representatives of the employees to submit to the people's court indictment suixi require explicit casting plant property ownership,http://earthcafe.jp/bbs/mono-w.cgi,chaussures louboutin soldes, and petitioned confirm SuiXi town government relocation compensation agreement between the company and the city to vote invalid.

Suixi court after receiving the complaint, did not file, but agreed to coordinate the handling. After several unsuccessful coordination, September 13, 2010, suixi court hearing on the matter.

On (2010) Sui Act No. 019 letter word "hearing report" record of the hearing process.

In this process, the town government again Suixi throw new view: casting plant does not belong to the urban collective enterprises, and belong to rural collective enterprises,http://www.wannyann.com/cgi-bin/glight/glight.cgi, the property belongs to all farmers all; Suixi Suixi town government as the original owner of casting plant entitled demolition compensation agreement signed on behalf of the enterprise; enterprise employees have no right to require segmentation, possession casting plant property.

Demolition party suixi UDIC agent said that the company is in accordance with the government's relocation compensation arrangements entered into an agreement on other issues not know.

For Suixi Town Government, suixi Court Full Court held that the plaintiff suixi casting plant is mainly urban residents, organized voluntary association, joint investment, joint work, according to his work in urban collective economic organization. The enterprise is located in the town, rather than the countryside. Therefore, the casting plant is the urban collective enterprises, the source of the plant's assets are mainly formed by employees of the enterprise in accordance with the voluntary combination of self-financing and corporate accumulation of these assets belong casting plant which shall be to all the company's property only ...... can be used for workers within the enterprise-wide collective, rather than as the property of the people of the town were dominant, it is the collective rather than the property of the whole people.

In addition, the court hearings identified by the Full Court, January 23, 2008, the relocation compensation fee has been paid to the Shuixi town government. May 7, 2008, the joint meeting of the party Suixi town has said, with regard to relocation compensation fee arrangements, "given the current UDIC relocation compensation is not in place until after the compensation funds,piumini woolrich, and then be resolved through consultation."

October 6, 2010, the Full Court final opinion given is: "casting plant relocation compensation of all employees of all plant genera; premises and appurtenances property currently owned enterprises have made it clear to all, that part shall be used to compensate workers living land compensation should be determined after land ownership, in accordance with the provisions of vested ownership of compensation ";, social security expenditure.

Relocation compensation to be turned over to finance?

However, the Court Full Court concluded dating back more than 19 months, the original casting plant workers are still unable to get any relocation compensation fee from the town government. In the meantime, though they continue to reflect the issue up, but so far, casting plant's 76 employees still can not see the hope of solving the problem.

Today,http://www.onlineflashgames.nl/activity/p/488469/, in the age group of older workers between 60 to 80 years, many people rely on small businesses for a living. Had thought she saved this young man struggles minute "family property" that can provide a living to old age security.

Hu Jinfeng has lamented the difficulties of mediation over the matter. He said similar casting plant complex enterprise assets such history, the entire Huaibei City, about 1.7 billion yuan, covers too wide, the town government to return the casting plant to employees, then look for other companies over how to do? Dissatisfied workers went to tell how much the court sentenced how much the town government compensation.

Suixi town party secretary Wu Jie told reporters, "casting plant (thing) has finished processing,http://www.gld.mmtr.or.jp/~nksmsyk/aichi/memo/apeboard_plus.cgi?command=read_message&msgnum=20/," "(relocation compensation) more than 50 million is state-owned assets, the collective assets that can not be fixed,http://www.aqua-story.com/cgi/treasurehunter/joyful/joyful.cgi?page%3C/a%3E, to be turned over to finance."

Suixi town incumbent mayor also told reporters: "Things get rid of." He told reporters: "(handle relocation compensation) is not a problem,jordan, through research, more than sixty thousand yuan they led away, has been resolved, They no longer mention, more than five hundred thousand yuan is not to mention the original disputed land. (casting plant sites - Reporters note) is a territory of land, there is no relationship with them,nike tn requin, not the collective land. "

One of the legal profession interview with reporters, said the state-owned property and collective property are two different concepts, can not be both state-owned assets is collective assets belonging to the government of all state-owned assets only. Article XII of the Constitution provides:. "Public property is inviolable socialist countries to protect the socialist public property and no organization or individual by whatever means seizure or destruction of the state and collective property."

"Casting plant has the right to use the land,giubbotti moncler donna, the ownership of all countries, no problem, but you can not say that ownership belongs to the state levy not give compensation." The legal profession,chaussure nike tn requin pas cher, said, "to say the least, even if Suixi casting plant is suixi town government said township enterprises. basis provisions of Article X,air jordan pas cher, "township enterprises Law",woolrich online, the rural collective economic organizations invested township enterprises, the establishment of its corporate property rights belong to all farmers in the business of collective farmers established a partnership or a separate investment township enterprises, its corporate property rights belong to all investors. SuiXi town government has no right to act right business models will be occupied land. "