Li Yafang invested130,000 yuan in Guangming New Garden (private), an experimental kindergarten run by Lu Yi Experimental Town, and started enrolling students in September of 20 16. 20 17 12 18 and 12 28, Luyi County People's Government forcibly demolished Guangming New Garden. From August 20 17 to June 20 18, more than 40 private schools in Huaiyang County and Luyi County of Zhoukou City were demolished by the government. After the forced demolition, five of the school legal persons filed administrative proceedings with the court respectively. The defendant column of the indictment reads: Luyi County People's Government, legal representative Li Gang, postal county magistrate.
Li Yafang's claim is to request that the defendant's notice of compulsory demolition (20 17) 0 15 made on February 3 1 5 be revoked according to law. According to the announcement, Li Yafang built a kindergarten in Wenhua Road, Experimental Town, Luyi County without approval, which violated many laws and regulations. You can dismantle it in three days. If it is not removed, it will be removed according to law.
Li Yafang explained that she found the demolition notice on the post at the school gate on March 3, 20 18 10. This announcement is a supplementary document, and the defendant has carried out compulsory demolition of his house on February 28th, 20 17, 18 and 18; According to Articles 33 to 44 of Chapter IV of the Administrative Enforcement Law of the People's Republic of China, before making an administrative enforcement decision, the administrative organ shall urge the parties to perform their obligations in advance, and the urging shall be in written form. After receiving the reminder, the parties have the right to make statements and defend themselves. If a party fails to perform an administrative decision without justifiable reasons, the administrative organ may make an administrative enforcement decision. The defendant made an announcement directly to the plaintiff without performing any pre-procedure, which obviously violated legal procedures.