Gansu Province of the administrative decision that reconsider is the biggest bar
From;    Author:Stand originally

Two class government is opposite the county in Lanzhou city, Yu Lanzhou limited company makes trade of 100 beautiful paper shut a decision, administration reconsiders mechanism to instruct cancel. As dimensions of the Gansu Province the biggest papermaking company, lanzhou industry of 100 beautiful paper limited company (call company of “ paper estate ”) below however because produce can, the reason such as blowdown is mixed by Lanzhou municipal government government of the county in Yu is instructed shut. Company of this paper estate refuses to obey, put forward administration to reconsider application to province government then, province government legal system does to accept and reconsider a decision at making administration recently: Government of the county in cancel Lanzhou municipal government and Yu shuts the decision of ” of paper estate company about “ . This one cancel decides, make ” of barely escape one's life of “ of company of this paper estate.

The reporter sees yesterday, gate of lock of paper estate company, the doorway does not have any marks. So big field a depression, bright somebody is slash. Main content refuses to obey company of estate of the paper of decision application administration that reconsider (applicant) predecessor is the paper mill in Lanzhou Yu, it is the papermaking company with my province the biggest dimensions, 2001 stop production. 2003, this company legal person lends the county in Yu the east wind of capital attraction on behalf of Song Junze, hold 32 million yuan to take over the paper mill in managing the Yu that be heavily in debt, change make for Lanzhou industry of 100 beautiful paper limited company, undertook technology of newer, production transforms establishment subsequently, a series of jobs such as installation of environmental protection establishment. But good times don't last long, because be maintained to exceed mark to discharge technology of sewage, production to belong to,fall into disuse kind wait for a reason, on April 30, 2008, lanzhou municipal government is right government of the county in Yu (by the applicant) allotted an announcement, the requirement closes paper estate company instantly. On May 8, environmental protection of the county in Yu, public security, industrial and commercial scrolls pasted on either side of the door forming a couplet waiting for a ministry closes execute the law, closed paper estate company forcibly. Because to city county two class government shuts the administrative action of paper estate company to refuse to obey,legal person of paper estate company represents Song Junze, put forward administration to reconsider application to province government then, province government legal system does to give lawfully accept. Rejoin applicant of mistake of cognizance fact of city county government thinks city county government maintains main fact mistake, maintains enterprise “ makes oar ability ” be twenty-nine thousand three hundred tons, with produce fact of what one is particularly good at to not agree with; Water of the blowdown outside cognizance enterprise exceeds mark and fact to not agree with. Up to in March 2008, by the province environmental protection bureau installs the COD in total sewage draining exit appearance of automatic and online monitoring shows data makes clear, the enterprise already achieved national foul water to discharge a standard. In addition, the applicant still thinks, was not fulfilled to tell obligation by the applicant and make " announcement " belong to a program to break the law, with “ announcement ” form makes administrative punishment not agree with legal setting form. But be thought by the applicant its are produced can reach blowdown exceeding bid all the fact is clear. Cognizance blowdown amounts to mark rate to reconsider mechanism to find out via cognizance for 99.3% administration: The report that government of the county in Yu submitted to Lanzhou municipal government in October 2007 explains, paper estate company invests many yuan 2800 to be used at construction of environmental protection establishment early or late, blowdown amounts to mark to lead for 99.3% , but as a result of a variety of reasons, whether does environmental protection amount to mark to was not checked and accept all the time however; Discharge in sewage of paper estate company amount to mark to maintain on, lanzhou municipal government refers rejoin evidence shows, paper estate company came 28 days on September 25, 2007, numerical value of the lowest in discharging sewage PH to be worth 28 data is 6.6, highest numerical value is 7.75, accord with a country to set (standard of 6 ~ 9) . “ shuts basis of mistake of decision ” applicable basis to try a result, province government legal system does think, be in by the applicant establishment of sewage disposal of paper estate company without environmental protection branch lawfully acceptable below the circumstance, make the decision that closes a business violate legal order; ” of unit of the production after be being washed out “ to fall by the applicant is equal to wash out enterprise ” or “ to shut enterprise ” forcibly at “ , make specific administration action with this applicable basis mistake; Its opinion was not listened to before be being made shut the decision of paper estate company by the applicant, also did not inform right of its allegation, averment, did not undertake hearing of witnesses lawfully. Legal relief right, deadline and approach also are not signalled to the enterprise after making; Be adopted by the applicant " announcement " means does not accord with legal form, its shut a decision to also do not accord with the main demand of lawful administration and reasonable administration. Decide cancel “ shuts a decision”Accordingly, province government legal system does in “ administration to reconsider middle finger of decision book ” to go out, request to the applicant lawfully the closes paper estate company decision that cancel is made by the applicant gives support; Paper estate company should amount to mark hind in blowdown stability, to the province environmental protection bureau applies for environmental protection to check and accept lawfully, reason undertakes amounting to mark to project of company sewage disposal acceptable the request does not grant to support. In addition, applicant requirement is compensated for by government of applicant city, county pecuniary loss 72.96 million yuan, province government legal system does think, paper estate company should chase after countervail separately according to legal process and way.
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