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No. 5 of the 9 Model Cases Involving Examination of Regulatory Documents Incidental to Administrative Litigation Issued by the Supreme People's Court: Zheng Xiaoqin v. People's Government of Wenling City, Zhejiang Province (land administrative approval)
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最高人民法院发布9起行政诉讼附带审查规范性文件典型案例之五：郑晓琴诉浙江省温岭市人民政府土地行政批准案
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No. 5 of the 9 Model Cases Involving Examination of Regulatory Documents Incidental to Administrative Litigation Issued by the Supreme People's Court: Zheng Xiaoqin v. People's Government of Wenling City, Zhejiang Province (land administrative approval)
(land administrative approval)
最高人民法院发布9起行政诉讼附带审查规范性文件典型案例之五：郑晓琴诉浙江省温岭市人民政府土地行政批准案
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| No. 5 of the 9 Model Cases Involving Examination of Regulatory Documents Incidental to Administrative Litigation Issued by the Supreme People's Court: Zheng Xiaoqin v. People's Government of Wenling City, Zhejiang Province (land administrative approval) | | 最高人民法院发布9起行政诉讼附带审查规范性文件典型案例之五：郑晓琴诉浙江省温岭市人民政府土地行政批准案 |
| 1. Basic facts | | （一）基本案情 |
Zheng Xiaoqin lived with her parents Zheng Fuxing and Zhang Juxiang in the same building, and they were all villagers in a village in Xicheng Sub-district, Wenling City, Zhejiang Province. In August 1997, the Zhengs listed Zheng Xiaoqin as a member of registered population in the supplemental application for individual land for construction use. When Zheng Fuxing submitted an application for land for building construction for personal use on account of demolition and relocation in March 2013, Zheng Xiaoqin was not in the register. The People's Government of Wenling City (hereinafter referred to as the “Wenling Government”), according to the provisions of the Wenling City Measures for the Administration of Land for Building Construction for Personal Use (hereinafter referred to as the “Administrative Measures for Land Use”): “The effective population with respect to an application for land for building construction for personal use shall include: (1) the registered population of the household (excluding a member who should have been removed from the household registration)” and the provisions of the Wenling City Measures for Compensation and Placement for Demolition of Buildings in the Scope of Land for Second Phase of Industrial City (hereinafter referred to as the “Compensation and Placement Measures”): “A person under the following circumstances shall not be included in the population for placement: (1) ... a married woman and her child (including rural residents who should have been removed from the household registration) may be counted only among the population of her husband's household,” deemed that though Zheng Xiaoqin was the daughter of Zheng Fuxing and was registered under the household of Zheng Fuxing, she had been married and was a person who should have been removed from the household registration. Hence the Wenling Government confirmed in July 2014, that the family of Zheng Fuxing consisted of the effective population of two and approved Zheng Fuxing's application for land for building construction for personal use. Zheng Xiaoqin was unsatisfied and appealed to the court, requesting an order that the Wenling Government's approval action be revoked and an administrative action be taken and the foregoing two regulatory documents to be incidentally examined and their illegality to be confirmed.
．．．．．． | | 郑晓琴与其父母郑福兴、张菊香同户，均系浙江省温岭市西城街道某村村民。1997年8月，郑福兴户在个人建设用地补办申请中将郑晓琴列为在册人口。2013年3月，郑福兴因拆迁复建提交个人建房用地申请时，在册人口中无郑晓琴。温岭市人民政府（以下简称温岭市政府）根据《温岭市个人建房用地管理办法》（以下简称《用地管理办法》）有关“申请个人建房用地的有效人口计算：（一）本户在册人口（不包括应迁出未迁出的人口）”，以及《温岭市工业城二期用地范围房屋迁建补偿安置办法》（以下简称《安置补偿办法》）有关“有下列情形不计入安置人口：（一）……已经出嫁的妇女及其子女（含粮户应迁未迁）只能在男方计算家庭人口”之规定，认为郑晓琴虽系郑福兴之女，其户口登记在郑福兴名下，但业已出嫁，属于应迁未迁人口，遂于2014年7月确认郑福兴户有效人口为2人，并审批同意郑福兴的个人建房用地申请。郑晓琴不服诉至法院，请求判令撤销温岭市政府的审批行为，并重新作出行政行为；附带审查上述两个规范性文件并确认不合法。
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