Administrative Judgment of the Intermediate People’s Court of Liaocheng City, Shandong Province

(2000) Liaoxingzhongzi No. 57

Appellant (plaintiff in the original trial): Yao Huaping, male Born in August 1962, Han nationality, primary school education, farmer, living in Yaohang Village, Qingshui Town, Guan County.

Authorized agent: Ge Runmin, a legal worker at Dongchangfu District Central Law Firm in Liaocheng City.

Authorized agent: Xing Tianhua, occupation is the same as above.

Appellee (defendant in the original trial): People's Government of Qingshui Town, Guan County.

Legal representative: Yue Qixiang, mayor of the town.

Authorized agent: Yin Rukui, director of the Judicial Office of Qingshui Town, Guan County.

The appellant Yao Huaping filed an appeal to this court because he was dissatisfied with the Guanxingchuzi Administrative Judgment No. 161 (1999) of the Guan County People's Court in a case involving agricultural administrative coercion. This court formed a collegial panel in accordance with the law and heard the case. The trial has now been concluded.

The case was heard and found by the Guan County People's Court: On the first day of May after the lunar calendar in 1998, the defendant Qingshui Town People's Government of Guan County forcibly impounded the plaintiff Yao Huaping's tractor on the grounds that the plaintiff Yao Huaping refused to pay the agricultural summer levy. As for Du Xue Gongjie of this village, his administrative actions have no legal basis and this court will not support them. Plaintiff Yao Huaping's claim that there was 10,000 yuan in cash in his tool box was found to be unsubstantiated and was not accepted by this court. In accordance with the provisions of Article 54, Item (2), Items 3 and 4 of the Administrative Procedure Law of the People's Republic of China, the Guan County People's Court made a judgment on December 22, 1999: 1. The defendant Guan County was dismissed The People's Government of Qingshui Town impounded the plaintiff Yao Huaping's tractor for administrative coercion; 2. The defendant, the People's Government of Qingshui Town, Guan County, was restricted to return the plaintiff Yao Huaping's tractor within five days after this judgment came into effect; 3. The other claims of the plaintiff Yao Huaping were dismissed. The case acceptance fee of 400 yuan shall be borne by the People's Government of Qingshui Town, Guan County, the defendant.

The appellant Yao Huaping was dissatisfied with the first-instance judgment and filed an appeal on the grounds that the facts found in the Administrative Judgment No. 161 of Guanxingchuzi (1999) of the Guan County People's Court were unclear and the judgment was wrong, and requested the second-instance court to change the judgment in accordance with the law.

The people's government of Qingshui Town, Guan County, which was appealed, argued that the facts found by the court of first instance were clear, the procedures were legal, the law was applied correctly, and the judgment was appropriate. It requested the court of second instance to uphold the judgment in accordance with the law.

This court reviewed and cross-examined the evidence submitted by the appellee Qingshui Town People’s Government of Guan County in the first instance. The main evidence submitted by the people's government of Qingshui Town, the respondent, is: 1. Li Fengmei's investigation transcript; 2. Li Chunling's testimony; 3. Investigation transcript of Du Jifeng; 4. Investigation transcript of Li Chunze. The above evidence all proves that the appellant Yao Huaping's tractor tool box No cash inside. 5. Investigation into the transcripts of Li Shuling and Chen Renxiang; 6. Investigation into the transcripts of Fan Yuling, all proving that the appellant Yao Huaping's tractor was impounded at Du Xuegong's home.

The authorized agent of the appellant Yao Huaping raised objections to the evidence provided by the People’s Government of Qingshui Town, Guan County, the appellee, and submitted the following evidence: 1. Du Xuegong’s conversation transcript; 2. Xu Yifeng’s inquiry transcript; 3 , Du Yu'e and others' testimonies. The above evidence all proves that the staff of the Qingshui Town People's Government of Guan County, the respondent, forcibly seized the tractor of the appellant Yao Huaping to Du Xuegong's house on May 1, 1998, and refused to release the tractor without paying the money.

This court held that: on May 1, 1998, the people's government of Qingshui Town, Guan County, the respondent, forcibly impounded the tractor of the appellant Yao Huaping on the grounds that the appellant Yao Huaping refused to pay the agricultural summer levy. The facts of Du Xue Gongjia can be determined. This administrative action has no legal basis and is illegal. This court will not support it. The tractor seized by the appellee should be returned. The appellant Yao Huaping's claim that there was 10,000 yuan in cash in the tool box of his tractor failed to provide conclusive and sufficient evidence. His reason for requesting the Qingshui Town Government to return the money is untenable and this court will not support it. The original judgment was not improper and should be upheld in accordance with the law. In accordance with the provisions of Article 61 (1) of the Administrative Litigation Law of the People's Republic of China, the judgment is as follows:

The appeal is dismissed and the original judgment is upheld.

The first and second instance case acceptance fees are 100 yuan each, 100 yuan each shall be borne by the appellee Guan County People's Government and the appellant Yao Huaping.

This judgment is final.

Presiding Judge: Zhang Yulu

Judge: Xue Zhenxian

Judge: Zhang Faling

June 3, 2000

Acting Secretary: Zhou Gongfa