Administrative third party reply 1
The third person: XXX female, 46 years old, living at No.27, Longquan Village 1 Group, XXXX Township, Guangling District, Yangzhou City.
Plaintiff: XXX Address: Room XXXX, Oriental International Food City, Yangzhou.
Defendant: Yangzhou Human Resources and Social Security Bureau.
Address: No.746 Yang Zijiang Middle Road, Yangzhou.
Plaintiff XXX refuses to accept the decision made by Yangzhou Human Resources and Social Security Bureau? Yang Ren social worker Yanzi No. XXX has brought a lawsuit to your hospital. Because this specific administrative act has a direct interest with the third party, we hereby put forward the following defenses:
1. The third party has no objection to the administrative reply given by Yangzhou Human Resources and Social Security Bureau.
Two, the third party has a labor relationship with the plaintiff, the facts are clear and the evidence is conclusive.
The plaintiff's claim that there is no labor relationship with the third party is inconsistent with the facts.
The plaintiff is distorting the facts and trying to get rid of his legal responsibility, and the plaintiff has failed to provide any evidence to prove that the labor relationship with the third party does not exist within the statutory time limit.
According to the Regulations on Work-related Injury Insurance, when employees disagree with the employer, the employer shall provide evidence.
On the contrary, the plaintiff in this case has proved the salary certificate of the third person working in his wholesale department (XX Liquor and Food Business Department in Guangling District).
This certificate fully shows that there is a labor relationship between the third party and the company operated by the plaintiff.
Three, Yangzhou City Human Resources and Social Security Bureau's work-related injury certificate found that the third person's work-related injury facts are clear, the evidence is conclusive, the applicable law is correct, the procedure is legal, and it should be maintained according to law.
(1) 20 * * At 8 o'clock in the morning on February 29th, 65438, while a third person was waiting for work in front of the company, the company owner XXX (plaintiff) drove in front of the company and injured the third person. After the traffic accident, a brigade of Yangzhou traffic patrol detachment made a traffic accident confirmation, and the plaintiff was fully responsible.
The injured part of the third person was diagnosed as medial collateral ligament injury of the right knee, anterior cruciate ligament injury of the right knee and soft tissue contusion of the right lower limb by Jiangsu Armed Police Corps.
According to paragraph 2 of Article 14 of the Regulations on Industrial Injury Insurance, those who are injured in the workplace due to violence and other accidents during working hours, and those who are injured by traffic accidents that are not the main responsibility on their way to and from work as stipulated in paragraph 6, shall be recognized as industrial injuries.
(2) A work-related injury certificate made by Yangzhou Human Resources and Social Security Bureau within the statutory time limit and scope and in accordance with legal procedures that the injury suffered by a third party is a work-related injury.
The administrative act procedure is legal and the applicable law is correct.
To sum up, the specific administrative acts identified by Yangzhou Human Resources and Social Security Bureau are clear in fact, correct in law and appropriate in procedure.
At the same time, in order to safeguard the dignity of the law and protect the legitimate interests of the weak, the court is requested to make a fair judgment according to law and reject the plaintiff's claim.
I am here to convey
Yangzhou Hanjiang District People's Court
Defendant: XXX
654381October 9, 20**
Reply from the third party in Management II
Respondent: Dong * *, male, born on * *, 198 1, Han nationality, now living. * * Zhuang Village, * * * District, * * * City.
As the respondent Xinxiang * * * * Co., Ltd. refuses to accept the notice of work-related injury identification (Yu (Xin) No.20 * * * * * *) issued by the * * Municipal Labor and Social Security Bureau, it hereby applies for administrative reconsideration and requests to cancel the work-related injury identification case. Now, as a party, I give the following reply:
First, the fact that the respondent was injured
On the morning of April 10, 20**, the respondent had a dispute with Wu * * *, the deputy director of the respondent's unit, due to technical problems at work. Wu * * asked his nephew Wu * * * to help, and Wu * * * * arrived and was unprepared.
This fact includes the civil judgment of Xin zhong min yi zhong zi (20**)No. * * made by Xinxiang Intermediate People's Court, the criminal incidental civil rulingNo. * * * made by Xinxiang Intermediate People's Court, and Miao * * * and Li * who worked in Xinxiang * * * Co., Ltd. at that time and were present at the time of the crime.
Two, the respondent to apply for work-related injury identification time did not exceed the statutory time.
On March 2, 20**, the respondent applied to Xinxiang Labor and Social Security Bureau for work-related injury identification. Due to the incomplete materials submitted at that time, Xinxiang Municipal Labor and Social Security Bureau issued the Notice of Supplementary Materials (20** * * *), and the respondent completed all the materials required for work-related injury identification on February 2, 20**. Xinxiang Labor and Social Security Bureau officially accepted the applicant's application for work-related injury identification on February 9, 20**, and made a work-related injury identification on June 65438+1October 1 1.
The date of the respondent's injury was 1 1, 20**, and the time of applying for work-related injury identification was 12, 20**, which did not exceed one year, and fully complied with the provisions of the Regulations on Work-related Injury Insurance.
There is no basis for the respondent to claim that the time for determining the work-related injury of the respondent exceeds the statutory limitation.
Three, the applicant's injury should be recognized as work-related injuries.
There is no basis for the respondent to claim that the respondent's behavior violates the administration of public security.
On the contrary, judging from the incident of the respondent's injury, the respondent was violently injured by Wu, an employee of Xinxiang * * * * * * Co., Ltd., during working hours and in the workplace, and his injury was in line with the third item of Article 14 of the Regulations on Industrial Injury Insurance, which should be recognized as a work-related injury.
Therefore, the respondent should be recognized as a work-related injury.
To sum up, the respondent believes that the facts of work-related injuries identified by Xinxiang Labor and Social Security Bureau are clear, the identification procedures are legal and the applicable laws and regulations are correct.
We hereby request Xinxiang Municipal People's Government to maintain the Notice of Henan Province's Work Injury Confirmation (Yu (N) Work Injury Word No.20 * * 0 * * * * * *) made by Xinxiang Municipal Labor and Social Security Bureau, and reject the reconsideration request of Xinxiang * * * * Co., Ltd. according to law.
I am here to convey
New * * * Municipal People's Government
Respondents: * * * * *
March 24th, 20**
Manage third-party responses 3
Respondent (the third party in the original trial): XX Address: XX
Legal representative: the head of XX village.
Defendant: XX Address: XX
Legal representative: the head of XX village.
Because of the case that the respondent XX Village (hereinafter referred to as XX Village) issued the administrative revocation right of forest right certificate to the respondent Tuxiang Village, the respondent now puts forward the following defense according to the facts of the case:
1. Is this case controversial? XX？ 、? XX？ 、? XX？ Historically, the three woodlands have been owned, used and benefited by Tuxiang Village, the respondent. The respondent claims that the three woodlands have been the management of his village since ancient times, and there is no evidence and legal basis.
( 1)? XX？ 、? XX？ 、? XX？ The three woodlands have always been owned, used and benefited by the respondent Tuxiang Village, and have been confirmed by the XX Municipal People's Government and relevant departments.
1 on February 8, 982, the XX municipal people's government issued the XX forest right certificate to the respondent tuxiang village (see evidence1), which was implemented by the XX municipal people's government? XX Garden (now called XX)? 、? Houpu Garden (now called XX)? 、? Luokankeng (now called XX)? The ownership of forest land and other trees is the confirmation of the forest right of the three plots of land owned by the respondent Tuxiang Village.
XX experimental area in XX city for 20** years, according to the provincial government's "Guangdong Province Forest Right Registration and Renewal Work Plan" in 2002, adhere to the principle of policy stability and continuity, in order to further stabilize forest rights and forestry? Polishing? On the basis of determining the ownership within the period, the certificate of ownership of forest land will be issued and a new "forest right certificate" will be issued.
Therefore, on June 9, 2004, XX gave the defendant Tu Xiangcun the Certificate of Forest Ownership issued by Zhanjiang Municipal People's Government 1982. XX？ 、? XX？ 、? XX？ When the forest land use right was renewed, Lindong Zheng Zi (20**) No.2 (see Evidence 2) reconfirmed three forest lands in Tuxiang Village.
Moreover, the locations of the three woodlands are closely related to Tuxiang Village, the respondent (see Evidence 6). Tuxiang Village has always occupied, used and benefited, and has never been abandoned.
There are also witness testimonies from XX Village, XX Village, villagers He Mingchao, XX Village and XX Branch of Zhanjiang Urban Management Law Enforcement Bureau (see Evidence 7 to Evidence 14), which all confirm that the three woodlands belong to Tuxiang Village of the respondent.
(2) Judging from the evidence provided by the respondent to the court, none of them were confirmed by the respondent? XX？ 、? XX？ 、? XX？ Three woodlands are the facts of their possession, use and income, not to mention that they have been managed by the respondent since ancient times, and there is no corresponding factual basis for what the respondent manages and operates.
Since the establishment of People's Republic of China (PRC), the respondent has been unable to produce the evidence and relevant evidence that the people's government confirmed that these three plots of land were the source of their use.
For example: (1) land certificate issued by the people's government according to law during the land reform period; (two) during the land reform, according to the land reform law is not allowed to issue the land inventory of trees and woodlands; (3) In the early 1960s, the people's government fixed labor, land, farm animals and farm tools to the production team, and determined the materials and documents of forest ownership and business scope; (four) the decision made by the people's government and other relevant evidence.
None of the certification materials produced by the respondents, such as XX villagers' group, XX villagers' group and relevant personnel, can be confirmed? XX？ 、? XX？ 、? XX？ The three woodlands have been used by the respondents since history, because the supporting materials made by these villagers' groups and relevant witnesses have no relevant evidence to prove the authenticity of their testimony; In addition, XX villagers' group is of the same clan as the respondent, XX villagers' group has the same surname as the respondent, and XX villagers' group and related witnesses have contradictions with Tuxiang Village of the respondent.
According to the second paragraph of Article 7 1 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation, the following evidence cannot be used as the basis for finalizing the case alone: (2) The testimony of witnesses who have relatives or other close relationships with one party is beneficial to that party, or the testimony of witnesses who have unfavorable relationships with one party is unfavorable to that party. ? Therefore, these evidences cannot be used as conclusive evidence in this case.
Second, the respondent lowered the village's opinion? For decades,? XX？ 、? XX？ 、? XX？ There is a dispute between the Respondent and the Respondent Tuxiang Village on the ownership of the three woodlands. ? There is no legal basis.
1. From liberation to April of 20**, no village was owned by the defendant Tuxiang Village? XX？ 、? XX？ 、? XX？ Three woodlands are disputed.
(1) After liberation, primary cooperatives, senior cooperatives and people's communes were occupied and used by the respondent Tuxiang Village from/kloc-0 to the Third Plenary Session of the Eleventh Central Committee of the Party in 979. No village has raised any objection to this.
(2) After the reform and opening-up, from 1982, Tuxiang Village, the respondent, applied to Zhanjiang Municipal People's Government for approval to issue the forest right certificate, and the village did not raise any dispute.
(3) There is no dispute from 1982, when the respondent Tuxiang Village received the Forest Ownership Certificate, to 20** when the respondent Tuxiang Village applied to XX government for renewal of the Forest Ownership Certificate.
Is it last year, that is, in May of 20**, that the respondent occupied and used the respondent's history inexplicably? XX？ 、? XX？ 、? XX？ Three woodlands are disputed.
According to the evidence provided by the respondent, it raised an objection to the XX town government in February 1990, which was not recorded and filed after being verified by the Party and Government Office of XX town.
Can be seen from the possession and use of Tuxiang Village after liberation? XX？ 、? XX？ 、? XX？ Before April, 20**, no village disputed three woodlands.
2. If it takes decades? XX (formerly known as XX Garden)? 、? XX (formerly known as X Park)? 、? XX (formerly known as Luokankeng)? There is a dispute between the Respondent and the Respondent over the ownership of three forest lands. Zhanjiang Municipal People's Government will no longer issue 1982 forest right certificate to the Respondent, and XX Municipal Government will not renew the forest right certificate to the Respondent within 20 years.
XX in 3.20** was given to Tuxiang Village, the respondent? XX？ 、? XX？ 、? XX？ The fact that the forest land has been renewed is clear, the procedure is legal and effective, and it should be maintained according to law.
1, XX and the competent forestry authorities have the right to approve the registration and renewal of forest rights within their respective jurisdictions.
(1)XX belongs to the local people's government at the county level and performs the functions of the people's government at the county level.
According to the fifth point of the Work Plan for Registration and Certification of Forest Rights in Guangdong Province? Registration and certification of forest land change is the legal duty of local people's governments at or above the county level and forestry authorities at all levels? .
It can be seen that the respondent's claim in the appeal that XX has no right to issue a certificate is unfounded.
2XX to Tuxiang Village, Responder? XX？ 、? XX？ 、? XX？ The specific administrative procedure of forest right certificate renewal is legal.
(1) On June 9, 2004, a letter from XX, Zhanjiang City to Tuxiang Village, the respondent of this case? XX？ 、? XX？ 、? XX？ For example, the forest property right certificate is changed to the forest property right certificate (20**)No..
It is based on the provincial government's "Guangdong Province Forest Right Registration and Renewal Work Plan" in 2002, and the principle of policy stability and continuity. In order to further stabilize forest rights, forestry? Polishing? On the basis of determining the ownership within the period, the certificate of ownership of forest land will be issued and a new "forest right certificate" will be issued.
The forest right certificate issued by XX to the respondent (Lin Dong Zheng Zi (20**)No.) was issued on the basis of the forest right certificate issued by Zhanjiang Municipal People's Government 1982.
(2) Zhanjiang XX renewed the forest right certificate to the respondent in accordance with the Work Plan for Registration and Renewal of Forest Right in Guangdong Province and the Operating Measures for Registration and Renewal of Forest Right in XX, according to the following strict and specific procedures:
A. First, the respondent Tuxiang Village applies to the XX Certificate Replacement Working Group, fills in the Application Form for Forest Right Registration (Draft) and submits the original Zhanjiang Forest Right Certificate and other materials of the respondent, and then the XX Certificate Replacement Working Group examines and approves it.
B. Make a public list.
The working group of certificate renewal in the experimental area will concentrate the application form for forest right registration on the village Committee office for posting.
C conduct on-site audit (on-site inspection).
The certification working group shall, together with village committee cadres and neighboring obligees, go to the site to verify the area, draw four boundaries, and the participants shall sign the registration form for forest right verification.
D. publicity.
Comrade XX \ (Town Government Land Office) and Comrade XX (Town Urban Construction Office) composed of the replacement work are responsible for posting the publicity content in the office or village center of the adjacent village for 30 days.
E, after publicity, registration, acceptance and filing by relevant departments, and with the approval of the township government and forestry bureau, XX will renew the forest right certificate of the national unified style stipulated by the State Forestry Administration to Tuxiang Village, the respondent.
It can be seen from the above that the specific administrative act of XX Company to renew the forest right certificate to the respondent is legal and effective, and should be maintained according to law.
4. The respondent claimed in the appeal that the certificates issued in 20** years, such as XX certification materials, XX and XX certification materials, XX Town Government Office certification, etc., could not be used as evidence when the administrative organ made a specific administrative act. ? Its views have no legal basis.
(1) According to Article 33 of the Administrative Procedure Law, in the course of litigation, the defendant shall not collect evidence from the plaintiff and witnesses by himself. ? This article stipulates that the defendant shall not? You alone? Collect evidence, and who is the object of collecting evidence? Plaintiff and witness? .
This means that there can be two exceptions: first, under certain circumstances, with the consent of the court, the defendant can receive it; Another situation is that in the course of litigation, the defendant's administrative organ may request to withdraw the lawsuit? Plaintiff and witness? Outsiders, such as individuals who make specific administrative acts, supplement the evidence of making specific administrative acts.
XX is a member of the respondent's forest right certificate renewal working group. Therefore, his personal supplementary certification materials can be used as evidence that the respondent has made a specific administrative act.
(2) According to the second paragraph of Article 28 of the Interpretation of the Administrative Procedure Law, with the permission of the court, the defendant may supplement relevant evidence under any of the following circumstances: (2) In the course of litigation, the plaintiff or a third party put forward reasons or evidence for rebuttal that he did not put forward in the course of the defendant's administrative behavior. ? However, the respondent did not produce the above-mentioned evidence of the land dispute between XX village and XX in the process of implementing the specific administrative act of issuing certificates to the respondent in the experimental area of XX island.
Therefore, it is reasonable to supplement the relevant evidence of XX Island Experimental Area, that is, the certificate of XX Town Government Office.
Moreover, there is no receipt from the town government in the evidence of the above-mentioned "Book on Reducing Land Disputes in XX Village" submitted by the respondent, which is enough to prove that the respondent did not submit any materials about the land disputes in this case to the XX town government at all.
5. The respondent's claim for revoking the Forest Property Right Certificate (Z.Z.Zi. (20**)No.) has passed the statutory limitation, so it shall be rejected according to law.
"the Supreme People's Court on implementation
In 20** years, according to the provincial government's Work Plan for Registration and Renewal of Forest Rights in Guangdong Province in 2002 and the Operating Measures for Renewal and Certification of Forest Rights Registration Office in XX City, the East Island Experimental Area was issued with the number 1982 by Zhanjiang Municipal People's Government. XX (formerly known as XX Garden)? 、? XX (formerly known as X Park)? 、? XX (formerly known as XX)? Such as forest land renewal "forest right certificate".
In the specific administrative act of renewal, in accordance with the Operation Measures for Renewal of XX Forest Land Property Rights Registry, on March 10, 20**, XX, a member of the certificate renewal working group in Dongdao Experimental Area, will fill in the following? XX？ 、? XX？ 、? XX？ "Forest right registration publicity form", the owner of forest land is Tuxiang village, which is pasted in the adjacent village, and the announcement period is 30 days.
Therefore, it should be considered that the respondent should know the contents of the specific administrative act made in the experimental area of XX Island on April 10, 20**.
However, if the respondent refuses to accept the specific administrative action taken in XX Island Experimental Zone, he should bring an administrative lawsuit to our hospital before April 10, 20XX.
However, the defendant filed an administrative lawsuit with Mazhang District Court on February 27, 20 10, 65438.
Exceeding the statutory time limit for prosecution without justifiable reasons.
Therefore, according to the sixth paragraph of Article 44 of the Interpretation of the Administrative Procedure Law: those who bring a lawsuit beyond the statutory time limit without justifiable reasons? It shall be ruled that it shall not be accepted, and if it has been accepted, it shall be ruled that the prosecution shall be rejected.
Based on the above facts and reasons, we request the court to reject the defendant's claim.
I am here to convey
XX intermediate people's court
Respondents:
XX，XX，XX，XX