VillagersRights Defense Law Association of Town Governments Representation of Distant Complaints: No Violations by Law Institutions

 VillagersRights Defense Law Association of Town Governments Representation of Distant Complaints: No Violations by Law Institutions

Recently, microblogs of villagers in Chihua Village, Chen Village, Foshan reported that Tianjin lawyers were hired to defend their rights due to disputes over land expropriation compensation and resettlement. Unexpectedly, the local government sent people to Tianjin Lawyers Association (Tianjin Law Association) to complain about violations of laws and regulations by law firms. After reviewing, Tianjin Law Association cancelled the complaints. Later, Chihua villagers applied to open the town government to Tianjin to complain about all the expenses of the law firm.

On the morning of May 10, upstream journalists learned from Chen Village that villagers had received a reply from the peoples government of Chen Village to publicize information. However, villagers believed that the reply was not convincing. They insisted that complaints from the town government in different places would inevitably incur huge expenses and that their expenses must be made public.

Villagersrequest for lawyers to safeguard their rights was complained by the town government

On May 8, Liu Xiaogang, director of Beijing Shengyun (Tianjin) Law Firm, told upstream journalists that in the second half of 2017, Chihua villagers in Chen Village Town, Shunde District, Foshan City, had disputes over the proposed transfer of Wujiawei plot by the town government and had not been reasonably resolved.

On April 28, 2018, Chihua Village villagersrepresentatives went to Beijing Shengyun Law Firm to consult the case. The law firm received the visiting villagers representatives and analyzed and answered their legal questions. After full communication between the two sides, the villagersrepresentatives agreed to entrust the Law Institute to act as its agent and pay a deposit of 10,000 yuan.

Because of the significant impact of the case, involving a large number of people, and involving many years of historical legacy issues (Chihua village villagersrepresentatives have been fighting for rights for more than ten years), after full consultation with the representatives of clients, it was decided that Beijing Shengyun Law Firm and Beijing Shengyun (Tianjin) Law Firm should jointly undertake the case. Liu Xiaogang introduced that on May 4, 2018, the staff of the Law Institute arrived at Chihua Village, Chencun Town, Shunde District, Foshan City. Villagers signed a written contract of special commission and agency for housing collection on the spot. The Law Institute issued invoices for villagers according to law after receiving agency service fees.

Liu Xiaogang said that in order to do a good job of case agency and find out the facts of the case in time, Beijing Shengyun Law Firm and Beijing Shengyun Law Firm jointly sent written coordination proposals to the peoples governments of Chen Village and Shunde District of Foshan City, hoping to establish communication channels as soon as possible and properly resolve administrative disputes.

Regrettably, no written reply has been received from any of the units so far. Liu Xiaogang said that on June 26, 2018, without a clear answer to the case within the legal time limit, the staff of the law firm went to the local area for filing.

The staff of the Law Institute have repeatedly informed the villagers concerned that the protection of rights is not illegal, and they should treat the disputes rationally. In the case of a large number of cases, they should inform the parties to communicate with the rights representatives, express their appeals rationally and support the understanding of the work of the rights representatives.

To Liu Xiaogangs surprise, on August 14, 2018, Tianjin Branch received a notice of filing complaints from Tianjin Legal Association. Subsequently, on September 3, 2018, Beijing Shengyun LawyersLaw Institute received a notice of complaint filed by Beijing Dongcheng District Lawyers Association. Both complaints come from the peoples government of Chen Village and Town.

_Villagersapplication for information disclosure.

VillagersApplication for Disclosure of Governments Expenses for Complaints from Other Places

However, the incident did not end. Chihua villagers applied to disclose all the expenses of Chens village government to complain about law firms in Beijing and Tianjin.

On April 25, the reply to the information disclosure of the peoples government of Chen Village and Town (hereinafter referred to as the reply letter) stated that the government information on the amount of taxpayers money, details and accounting vouchers spent by the applicants for complaints of Chen Village and Town Government on employing lawyers which the villagers applied for publication did not exist because the matter did not employ lawyers to represent them and did not incur related expenses.

The reply also states that if you are not satisfied with the public reply to this information, you may apply to the peoples government of Shunde District of Foshan City for administrative reconsideration within 60 days from the date of receipt of this reply, or initiate administrative proceedings directly to the peoples court of Shunde District of Foshan City within six months from the date of receipt of this reply.

On May 10, the head of the relevant departments of Chen Village and Township Government told upstream journalists that the Department did receive an application for information disclosure of Chihua Village villagers, and also gave a written reply to the application.

For the local villagersqueries about complaints from the town government in different places, the person in charge explained to the upstream journalists that the Chen village government had indeed made complaints from different places, some in writing and some in the face. And to complain in Beijing and Tianjin, the financial expenditure is well-founded, and the cost of accommodation and board is also within the prescribed scope of expenditure. However, the specific expenses incurred shall be counted by the financial department.

On the reasons for complaints from other places, the person in charge said that the town government only went to Tianjin Law Association to explain the irregular behavior of the law firm, not for the lawyers hired in this village dispute. The town government also reflected through legal channels, and did not violate the rules.

_Tianjin Legal Association revoked the complaint.

Tianjin Law Association: There is no violation of the law

According to the relevant information obtained by the upstream journalists, the peoples government of Chen Village complained to Tianjin Law Association and Beijing Dongcheng Law Association that Beijing Shengyun Law Firm and Beijing Shengyun Law Firm had false propaganda and confused audiences to solicit business by means of unfair competition. In addition, they set up names and charged fees illegally and violated professional norms. Abuse of power, pressure on the government, non-litigation means to interfere with the administrative order, video announcement, encourage fund-raising, affect the residentsfreedom of litigation. In addition, ignoring the facts, distorting the history, insisting on a series of illegal and illegal acts such as misleading statements contrary to the objective, the Tianjin Law Association is required to punish them according to the Measures for Punishment of Illegal Acts by Lawyers and Law Firms.

After receiving the complaint, Tianjin Legal Association filed a case investigation. The disciplinary committee of Tianjin Legal Association examined the relevant materials submitted by the complaint and the accused, and organized a hearing, in which both the complaint and the accused participated.

On December 15, 2018, the Tianjin Law Association examined and confirmed that the evidence submitted by the complaint could not prove that the defendant had violated the rules. According to the provisions of the Rules for the Disposal of Members of Lawyers Association for Violations (Trial Implementation), the complaint case was cancelled.

At present, the investigation and treatment results of Beijing Dongcheng Law Association have not yet been published.

Source: Upstream News Responsible Editor: Zhang Xianchao_NN9310