Cao Mengdi
Attorney
Attorney Cao Mengdi has been engaged in the legal profession for eight years. She has a clear approach to handling cases, solid legal knowledge, outstanding abilities in legal research and argumentation, and is good at combining local expropriation policies and judicial adjudication rules to identify breakthroughs in cases and effectively protect the rights and interests of clients.
Attorney Cao Mengdi has been engaged in the legal profession for eight years. She has a clear approach to handling cases, solid legal knowledge, outstanding abilities in legal research and argumentation, and is adept at combining local expropriation policies and judicial adjudication rules to identify breakthroughs in cases and effectively safeguard the legitimate property rights and interests of clients. Attorney Cao Mengdi adopts a team-based case-handling model, where team lawyers possess extensive professional knowledge, excellent professional skills, and rich practical experience. "Client-centered, professional, efficient, and responsible" is the guiding principle of the entire team in serving clients. Attorney Cao's team specializes in administrative disputes over land expropriation and demolition, while simultaneously handling civil and commercial disputes. They are familiar with various adjudication rules and accurately assess legal disputes. They travel to various locations to verify evidence and dig deep into case facts, identifying the core breakthroughs in cases. They adhere to the principle of "one case, one strategy," pursue litigation and negotiation in parallel, follow up on cases throughout the entire process, and strive to maximize clients' rights and interests. Cao Mengdi has been engaged in the legal profession for eight years. She has a clear approach to handling cases, solid legal knowledge, outstanding abilities in legal research and argumentation, and is adept at combining local expropriation policies and judicial adjudication rules to identify breakthroughs in cases and effectively safeguard the legitimate property rights and interests of clients. Attorney Cao Mengdi adopts a team-based case-handling model, where team lawyers possess extensive professional knowledge, excellent professional skills, and rich practical experience. "Client-centered, professional, efficient, and responsible" is the guiding principle of the entire team in serving clients. Attorney Cao's team specializes in administrative disputes over land expropriation and demolition, while simultaneously handling civil and commercial disputes. They are familiar with various adjudication rules and accurately assess legal disputes. They travel to various locations to verify evidence and dig deep into case facts, identifying the core breakthroughs in cases. They adhere to the principle of "one case, one strategy," pursue litigation and negotiation in parallel, follow up on cases throughout the entire process, and strive to maximize clients' rights and interests.
Practice philosophy: Be faithful to the facts and the law, strive for excellence through diligence, and resolve disputes and put an end to conflicts.
[Area of Expertise]
Administrative cases such as nationwide housing demolition, land expropriation, administrative penalties, administrative licensing, satellite map markers, land reclamation and restoration, photovoltaic land occupation, social security for landless people, and shantytown renovation. For a long time, we have focused on reviewing the legality of expropriation, protecting rights against illegal forced demolition, reviewing the identification of illegal construction, protecting rights against expropriation and resettlement compensation, and handling some civil and commercial cases.
[Some Successful Cases]
Hulunbuir, Inner Mongolia · The determination of illegal construction was revoked, and 27 Mongolian yurts were preserved
In Inner Mongolia, there were 26 collective cases where buildings were directly identified as illegal without going through the illegal construction identification process, and corresponding documents such as "Notices" and "Decisions" were issued. After accepting the commission, we only initiated the administrative reconsideration procedure, and eventually the administrative unit itself revoked the "Decision on Demolishing Illegal Buildings within a Limited Time" document. By trading time for space, we successfully preserved the client's houses, yurts, and other buildings.
Zhangzhou, Fujian Province· The land expropriation and social security resettlement have not been implemented, and the expropriation agreement is confirmed to be invalid
The client's contracted land was expropriated. An administrative reconsideration procedure was initiated, and after investigation by the reconsideration authority, it was determined that the land expropriation compensation agreement was signed on behalf of the client and was therefore invalid. The county government responsible for the expropriation was ordered to conduct a new investigation and handle the matter within 30 days. If the client was not satisfied with the handling, they could directly file a lawsuit. The most favorable aspect of this case is that the administrative reconsideration confirmed the invalidity of the land expropriation compensation agreement.
Liangshan, Sichuan - The first-instance case was transferred to the intermediate court for trial, and it was confirmed that the forced demolition was illegal
The town government carried out the forced demolition without the other party's authorization when suing, formulated a litigation strategy, and listed the county-level government as a co-defendant to prove whether it was the entrusting organ. By raising the level of litigation, the first-instance case was directly tried in the intermediate court, and the plaintiff won the lawsuit! Identifying the county-level and higher governments as the responsible subjects can ensure the enforceability of the subsequent compensation judgments. Applicable legal provisions: Article 3 of the "Regulations of the Supreme People's Court on Determining the Defendant Qualifications of Local People's Governments at or Above the County Level in Administrative Lawsuits" clearly stipulates that in the forced demolition of houses in collective land expropriation, if there is no forced demolition decision, the administrative organ that specifically carries out forced demolition and other acts shall be the defendant; but if there is a clear entrustment relationship, the entrusting organ shall be the defendant.
Liling City, Hunan Province · The administrative reconsideration authority ordered the Natural Resources Bureau to perform its duty of investigation and punishment
The Liling City Natural Resources Bureau was ordered to perform its statutory duties of investigating and handling illegal mining and illegal land use. The administrative organ "replaced the performance of its duties with the refusal to accept the petition, and the content was obviously improper, which should be revoked according to law." In practice, it is common for administrative organs to shirk their responsibilities, pass the buck, delay, and forcefully push their statutory duties onto petition matters. We must have the courage to speak up, refute, and correct mistakes!
Anhui Suzhou · The outstanding demolition compensation funds were paid in a lump sum of 466,590 yuan.
The monetary compensation due to the client for the demolition of his house was delayed by the government for several years. After Attorney Cao's team intervened and filed an administrative compensation lawsuit, the expropriating party paid the remaining balance of 466,590 yuan in a lump sum one day before the trial, and the matter was resolved. In recent years, the number of disputes over the implementation of resettlement and compensation after land expropriation and demolition has gradually increased. This case is very typical. After the demolition of the house, the government delayed providing the monetary compensation as agreed and resorted to "unscrupulous tactics". After the lawsuit was filed, the expropriating party actively fulfilled its obligations and made the payment. The government should improve its administrative efficiency and deliver real benefits to the people!
Leshan, Sichuan Province - The compensation subject has been identified, and the compensation amount has been increased from zero to 200,000 yuan.
The farm was forcibly demolished. After identifying the civil compensation subject, a lawsuit for damages was filed. During the trial, through coordination with various parties, a mediation agreement was reached, and the compensation was increased from 0 to 200,000. By using litigation to promote negotiations, it has become common in recent years for state-owned enterprises to start combined administrative and civil proceedings when construction projects are not subject to expropriation, in order to maximize the client's interests. This requires legal teams to possess strong communication and negotiation skills.
Chifeng, Inner Mongolia · The administrative authority withdraws the lawsuit and fulfills its compensation obligations
The administrative organ signed a demolition compensation agreement, promising to pay a one-time compensation of over 700,000 yuan, but failed to fulfill its obligation afterwards. Instead, it sued to request the termination of the agreement. Attorney Cao defended against the lawsuit, and in the end, the administrative organ withdrew the lawsuit, and the original demolition compensation agreement continued to be implemented, ensuring that the client's agreed compensation rights were protected.
Cangnan, Zhejiang Province. This is not an illegal building. The court in another city confirmed that the forced demolition was illegal after reviewing the case.
The house in question was built for historical reasons and cannot be directly classified as an illegal construction, but it was subject to forced demolition by the administrative authorities. Attorney Cao represented the client in filing an administrative lawsuit, and the court ultimately ruled that the forced demolition by the Qianku Town Government and the Comprehensive Administrative Law Enforcement Bureau of Cangnan County was illegal. This established the fact of the illegal demolition, laying a crucial foundation for subsequent claims for compensation.
Zhejiang Zhuji: The review revoked the punishment decision, and the lawsuit confirmed the violation of the law
The cemetery was not built, and the parties concerned had no choice but to build their ancestral graves themselves for several years. However, the street office determined that they had illegally changed the use of forest land and imposed a penalty on them. Subsequently, the street office directly carried out the demolition without a legally binding enforcement document and without going through the announcement procedure. In this case, the parties adopted a step-by-step approach to protect their rights through administrative reconsideration and litigation. Due to the unclear facts and insufficient evidence provided by the administrative organ, the penalty decision was revoked. Subsequently, the administrative organ carried out the demolition without making an enforcement decision or announcing it according to law, which seriously violated the legal procedures. From this, we can see that both the substance and procedures of administrative acts must be legal!
Shuozhou, Shanxi Province - Due to mining subsidence, the local government should fulfill its duties regarding the forest land issue.
The party concerned contracted the forest land and applied to the district government for compensation and resettlement due to mining subsidence, but the district government only forwarded the materials and did not respond. After entrusting a lawyer to file an appeal, the municipal government determined that simply forwarding the materials cannot exempt the county-level government from its statutory duties, and ordered it to provide a response. Therefore, it can be concluded that administrative authorities are not allowed to shift their statutory duties to lower-level authorities.
In Luliang, Shanxi Province, investigating and cracking down on illegal mining is the statutory duty of administrative authorities.
Due to the collapse of the mining party's own factory, after the lawyer team intervened, they submitted an application for investigation of illegal mining to the local natural resources bureau, but the bureau only verbally informed them that it would not file a case. The team then initiated a review procedure, and the review authority ordered the natural resources bureau to perform its duties within a specified time limit and urged the competent department to investigate and handle the case in accordance with the law.
Pu Tian, Fujian Province: After more than 20 years of demolition, compensation has still not been provided. Urge an investigation to verify the situation
In 2005, the house owned by the party concerned was included in the scope of demolition and compensation for urban renewal, but the relevant demolition and compensation agreement was later confirmed by the court to be invalid. However, more than 20 years after the forced demolition of the house, the party concerned still hasn't received any compensation. After the lawyer team intervened, they demanded that the district government fulfill its responsibilities for resettlement and compensation, but the district government failed to respond. The review authority ordered the district government to investigate, verify, and handle the matters of compensation and resettlement. The fact that the land expropriation and compensation agreement was confirmed to be invalid does not mean that the obligation to provide compensation has ceased to exist. The administrative authorities cannot refuse to investigate on the grounds of historical cases. The party concerned can use the written application for performance of duties to urge the government to conduct a new investigation and claim the right to compensation for expropriation.
Yiyuan, Shandong Province – The case money has been received, and the execution and closure of the case will be applied for in accordance with the law.
After the lawyer team intervened in this case, the debtor paid the execution money into the court's account. The client submitted a closure application after confirming that the full amount of the money had been received. For execution cases, it is necessary to sign the closure materials after the case money has actually been received, and to properly keep the documents and mailing receipts.
The land punishment decision in Xintai, Shandong Province is based on unclear facts and should be revoked
The party concerned's factory was identified as illegally occupying land and was punished. The review organ found that the punishment had not gone through the legal review process, so it revoked the punishment and ordered a retrial. It can be seen from this that administrative punishments in the field of natural resources must be based on sufficient evidence and strictly comply with the statutory bottom line.
In Xingtai, Hebei Province, a dispute over the construction of a residential house on a homestead has been resolved through litigation and negotiation, defusing the conflict.
In Xingtai, Hebei Province, a client filed a lawsuit against a relative who obstructed his efforts to build a house on his own residential land. The case was successfully accepted for litigation, and under the pressure of the lawsuit, the other party actively negotiated to purchase the residential land. The two parties reached a settlement. The client chose not to pay the litigation fees and withdrew the lawsuit, effectively resolving the dispute. The case was concluded. Litigation is a powerful bargaining chip. By initiating legal proceedings reasonably, we can force the other party to sit down and negotiate, and resolve the residential land disputes efficiently through settlements, thereby safeguarding the legitimate rights and interests of the parties involved.
\nTheir own legitimate rights and interests.
[Other Cases]
1. The case of the Linyi Breeding Farm in Shandong Province being shut down in a non-compensation prohibited area for breeding
2. The case of expropriation and compensation for the renovation of the old city in Jining, Shandong Province
3. The case of Jinan, Shandong Province failing to fulfill its administrative compensation obligations
4. A case of mortgage loan disputes over residential plots in Qingdao, Shandong Province
5. The case of collective land expropriation and resettlement compensation disputes in Liaocheng, Shandong Province
6. The case of a disputed beach reclamation in Huian, Fujian Province
7. The case of the rectification and closure of the slaughterhouse in Huian, Fujian Province
8. The case of Fujian Fuqing failing to fulfill the compensation for land expropriation and land retention
9. The case of Fujian Longyan enterprises "using demolition of illegal buildings to replace demolition of existing buildings"
10. The case of Liangshan, Sichuan Province failing to fulfill the obligations of land expropriation, social security, resettlement, and compensation
11. A case involving the resettlement of 30 households in Chengdu, Sichuan, through social security measures after land expropriation
12. The case of Zhejiang Longgang's zero compensation for the demolition of dangerous buildings
13. A case of land compensation disputes for collective land in Taizhou City, Zhejiang Province
14. The case of Tonglu County, Zhejiang Province, revoking real estate registration
15. The case of forced expropriation of land and forest land and land clearance in Luoyang, Henan Province
16. The case of administrative compensation for house expropriation in Xi'an, Shaanxi Province
17. The case of environmental infringement caused by noise pollution from highways in Wuxi, Jiangsu Province
18. The case of illegally demolishing aquaculture facilities in the sea area in Lianyungang, Jiangsu Province
19. The case of administrative compensation for housing expropriation in Panjin, Liaoning Province
20. The case of a dispute over the housing expropriation compensation interest contract in Jincheng, Shanxi Province
21. The case of reviewing the legality of housing expropriation in Hengshui, Hebei Province
22. The case of forced demolition and administrative compensation of residential plots in Dongguan, Guangdong Province
23. The case of expropriating a livestock farm on an overpass in Bijie, Guizhou Province
House demolition, land expropriation, administrative penalties, administrative licensing, satellite map patches, land reclamation and rehabilitation, photovoltaic land occupation, landless social security, and shantytown renovation
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