"Shameless! "In Xi'an, Shaanxi Province, a man who served in the army for 18 years moved his household registration back to the village after finishing his military camp career. It coincided with the demolition and relocation of the village, and the village refused to give the man the demolition money and resettlement house on the grounds that the man was not registered in the village. The man was puzzled why his wife, daughter, house, and land were all here, so he angrily sued the village committee in court, and the verdicts of the first and second trials were reversed.
Information**: Xi'an Railway Transport Intermediate Court icon).
Guo Yongjun has been strong and lively since he was a child, and he is deeply loved by his parents. He is an avid sportsman, playing soccer and basketball with his friends, and regularly ranking in school athletic meets.
The military life was hard and simple, and his parents hoped to train his will by enlisting in the army. Guo Yongjun really trained hard in the army, and whether it was cold or heat, or wind and sun, he meticulously completed all tasks.
During a field training session, he unfortunately sprained his foot, but he did not back down and continued to train despite the pain. His deeds touched his comrades-in-arms and commanders, and everyone learned from him.
Guo Yongjun performed well in the army and was rated as an excellent soldier many times. His company was also rated as an advanced company.
He had reached the normal retirement period, but out of his love for military life, he took the initiative to choose to extend his service.
In the army, Guo Yongjun also met his love. His wife, who is also a soldier, met and fell in love, and eventually came together.
After getting married, they had a son and a daughter, and the family of four was happy.
Guo Yongjun served until 18 years before retiring from active service. After being discharged from the army, he returned to his hometown and worked for a business.
He brought the strong will and hard-working spirit he learned in the army to his work, and soon became an excellent employee.
Guo Yongjun's deeds touched many people, and he became a model veteran.
After being discharged from the army, Guo Yongjun moved his household registration back to his hometown and began to run a breeding business in the village, and the business became more and more prosperous.
Soon, the demolition and reconstruction of the hometown began, and the villagers signed compensation agreements one after another, hoping to receive generous resettlement houses or compensation.
Guo Yongjun originally thought that after serving in the army for 18 years, his family and assets were in the village, he should be treated the same as other villagers.
The sub-district office reported that because Guo Yongjun's household registration had not yet moved into the village on November 8, he did not meet the conditions for receiving subsidies.
Guo Yongjun insisted that as a member of the collective economic organization, he had the same rights as other members of the village.
The two sides argued, and Guo Yongjun finally took the management committee and the neighborhood office to court.
The court of first instance held that Guo Yongjun's status as a mid-level non-commissioned officer was difficult to identify as a "service soldier" as stipulated in the Rural Land Contract Law.
In addition, Guo Yongjun chose to start his own business and receive a start-up subsidy, which may have the problem of re-release with the demolition compensation.
Finally, although Guo Yongjun was among the "other villagers who moved in in accordance with the law", he did not provide evidence that more than two-thirds of the villagers agreed to move in.
In view of the above reasons, the court of first instance rejected Guo Yongjun's claim.
Guo Yongjun appealed, and the court of second instance made a different judgment. The court held that, with reference to the Regulations on the Resettlement of Retired Soldiers, Guo Yongjun, as an active conscriptor and non-commissioned officer, was entitled to compensation for demolition and relocation.
In addition, the self-employment subsidy received by Guo Yongjun is the first pension for his military career, and has nothing to do with the compensation for demolition.
After comprehensive consideration, the court of second instance found that Guo Yongjun met the requirements for membership in a collective economic organization, and ruled that the sub-district office should provide him with a 70-square-meter resettlement house and 780,000 yuan in compensation.
In the end, Guo Yongjun successfully obtained legal compensation for demolition and relocation with the same treatment as other villagers through litigation. He defended his rights and interests, and also established a positive image of an excellent veteran.