due to a business trip in Zhengzhou, sun Hongbin, a post-90s boy, found that the local haze was serious. 1n November this year, he sued Zhengzhou municipal government for inaction in haze treatment, and requested the latter to compensate 32 yuan for the cost of buying masks
recently, Xinxiang intermediate people’s Court of Henan Province rejected the plaintiff’s lawsuit on the ground that it had not applied to Zhengzhou municipal government for compensation before the lawsuit
Administrative Compensation award of Xinxiang intermediate people’s court, Henan Province. According to the ruling obtained by the reporter, the intermediate people’s Court of Xinxiang City held that according to the second paragraph of Article 9 of the State Compensation Law of the people’s Republic of China, the claimant for compensation should first submit the claim to the organ liable for compensation. 1n addition, according to the second paragraph of Article 4 of the provisions of the Supreme People’s Court on Several 1ssues concerning the trial of administrative compensation cases, if a compensation claimant brings an administrative compensation lawsuit alone, it must be based on the premise that the organ liable for compensation should deal with it first
Xinxiang intermediate people’s court held that the plaintiff’s claim for compensation had not been dealt with by Zhengzhou Municipal People’s Government before the lawsuit was filed. Therefore, the court should reject the plaintiff’s action
on the evening of December 26, sun Hongbin told surging news that he received the ruling on December 26. Sun Hongbin said he expected the ruling” 1t has not yet been decided whether to appeal, but after consulting the lawyer, he also said that the appeal is meaningless and it is estimated that it will not continue
SUN Hongbin said that after the first lawsuit, he realized that he needed to claim compensation from Zhengzhou municipal government, so he sent an application for compensation to Zhengzhou municipal government on November 23, but he has not received a reply
the surging news noted that the compensation law stipulates that the organ liable for compensation can make a decision on whether to make compensation within two months
he said that after he applied to the municipal government for compensation, he submitted another lawsuit to the court, demanding to confirm that the Zhengzhou municipal government did not act to control haze and did not strictly perform the legal duty of air pollution prevention and control. “Now it mainly depends on whether this lawsuit can be filed.”
surging news previously reported that on November 20, when sun Hongbin was on a business trip in Zhengzhou, he felt “particularly choked” near the city’s landmark building Erqi tower, so he bought a pair of haze masks worth 32 yuan. On that day, the AQ1 of Zhengzhou city was 253, which belonged to severe pollution
that night, sun Hongbin drew up a lawsuit, saying that according to the environmental protection law and the air pollution prevention and control law, Zhengzhou municipal government should be responsible for the environmental quality of its administrative region. Sun Hongbin requested that the defendant be ordered to pay for the mask purchase cost during the haze period in Zhengzhou on November 20, and the defendant be ordered to bear the litigation costs of this case
Xinxiang intermediate people’s court formed a collegial panel on November 25 to accept the case