The person such as Liao Zhiming refuses to obey administration of public security of public security bureau of the county austral dragon punishs one case appellant (first trial accuser) Liao Zhiming, male, unripe in September 1953, the Han nationality, farmer, live to press down big Luo Cun to always press down village group south dragon south prefectural dragon. Appellant (first trial accuser) Liao Xiaopeng (Liao Xiaopeng) , male, unripe in May 1964, the Han nationality, farmer, address is Alexandrine. Appellant (first trial accuser) Liao Guangjin, male, unripe in March 1943, the Han nationality, farmer, address is Alexandrine. Attorney Liao Yuehui, male, unripe in May 1964, the Han nationality, farmer, live south dragon stockaded village of town of pond of prefectural horse bull carries a village on the back. Appellee (first trial the accused) public security bureau of Long Na county. Legal representative Xie Jianlin, director. Attorney Lai Jianping, director of room of this bureau legal system. Attorney bell Li, policeman of room of this bureau legal system. Appellant Liao Zhiming, Liao Guangjin, Liao Xiaopeng punishs one case because of public security administration, refuse to obey court of people of the county austral dragon (2009) the 3rd administration adjudicates Long Hangchu word, mention to this academy appeal. This academy comprises collegiate bench lawfully, heard this case at making public open a court session on May 6, 2009. Appellant Liao Zhiming, Liao Guangjin, Liao Xiaopeng (did not arrive front courtyard) reach attorney Liao Yuehui, appellee attorney Lai Jianping, Zhong Li joins suit to front courtyard. This case already was tried now terminative. First trial court is maintained, office of natural resources of Jiangxi province land made land of another name for Jiangxi Province on Feburary 7, 2006 2006 〕 of endowment case 〔 119 " about Long Na county construction of city of the first batch uses 2005 year the give an official of the ground " : "One, the rural collective that agrees with the county austral dragon to press down Long Na big Luo Cun is agricultural the ground 11.38 hectare (among them farmland 8.96 hectare) turn to use the ground to deal with; of the formalities that ask for the ground for construction additional collect a rural area collective construction uses the land 5.9 hectare. Above adds up to approval construction uses the land 17.28 hectare. By the land that report development use is used at urban construction. 2, ... . " bureau of natural resources of land of the county austral dragon issued graveyard announcement of the change that ask for the ground on November 9, 2006, long Na presses down stockaded village of big Luo Cun to carry on the back south prefectural dragon one, 2 villager groups, always press down the first, 2, 3, 4 villagers group refuses to obey, administration of bureau of natural resources of land of city of state of application another name for Jiangxi Province is reconsidered. Bureau of natural resources of land of city of state of another name for Jiangxi Province made land of endowment of another name for Jiangxi Province on March 15, 2007 endowment travel answer word (2007) an administration reconsiders decision book: Decide bureau of natural resources of land of the county austral cancel dragon was released on November 9, 2006 " graveyard announcement of the change that ask for the ground " . Government of people of the county austral dragon was given out on March 16, 2007 " carry on the back about collecting Long Na to press down big Luo Cun, stockaded village, always press down the announcement that waits for land of collective of 8 villagers group " , announcement asks for the ground to compensate the standard, time that ask for the ground to wait made a specification. Office of government of people of the county austral dragon did with dragon government office on January 22, 2007 batch (2007) 253 give an official: "Area of prefectural industry garden is in charge of appoint meeting: ... via the county conference of 8 members of standing committee studies mansion of civil administration of the 14th person, (1) the principle agrees to carry out Long Xiang highway project of project of outspread Duan Lu, you appoint for project owner unit; (2) ... " . Always pressed down to big in November Luo Cun in Feburary 2007 wait for the villager to be mixed in commandeer land agreement collect Long Na to always press down big Luo Cun (etc) group land compensated the item such as the paragraph to sign a name in all sorts of compensation list. Company of engineering of the 3rd construction was in 9 rivers city on June 10, 2008 highway of Long Xiang of the county austral dragon is outspread in the construction of civil engineer, the obligate ground that because big Luo Cun always presses down village group,finds a place for is malcontent, and get of the villager stop construction, construction unit calls the police in time to the accused, the accused of after the event is in charge of jointly with industrial garden area appoint the staff member that the unit such as people government presses down south meeting, dragon waits for a person to be dissuaded in order to grant to accuser, and the illegal sex of construction of demonstrate block up, but the person such as accuser is disregarded dissuade, for many times block up construction. Of the same age on June 15 morning, more than 50 villagers such as accuser reach a staff member to enter in the car on building site of construction site block the way again, cause the pecuniary loss of construction unit. The accused on August 15, 2008, 16 days with disturbed unit order, be opposite respectively Liao Xiaopeng, administration of Liao Zhiming, Liao Guangjin detains 15 days, carry out end. The person such as accuser refuses to obey the public security that the accused makes punishs specific administration action. Public security bureau of city of state of another name for Jiangxi Province will make the same year on September 27 city of another name for Jiangxi Province is fair travel answer word (2008) 7, 8, 10 " administration reconsiders decision book " , the decision maintains dragon fair (labour) definitely word (2008) the 526th, 530, 534 administration punish a decision. Accuser mentioned lawsuit of politics of start on a journey to this courtyard on October 20, 2008, requirement: 1, sentence your cancel the administration that the accused made to accuser on June 15, 2008 punishs a decision. 2, sentence civil code of according to of your the accused and national compensation law to be damaged to the spirit of accuser, pecuniary loss gives compensation, public apology is made inside this prefectural limits. 3, sentence your the accused to bear this case legal cost. 4, the data that in requesting to execute the law the accused in administration, relevant personnel violates discipline to break the law moves send procuratorial work, censorial department. First trial court thinks, to 15 days of accuser the person such as Liao Guangjin, Liao Zhiming arrived for many times on June 10, 2008 south dragon highway of prefectural Long Xiang is outspread construction of block up of site of construction of a section of a highway, especially 15 days of relevant units drive the circumstance that goes to the spot to be dissuaded in time to fall, the more than 50 people such as accuser Liao Zhiming, Liao Guangjin do not listen dissuade, prevent the car on building site and staff member to enter construction site, cause construction unit cannot construction. Accuser Liao Xiaopeng is always press down village group group leader, do not dissuade the villager lawfully him exercise rights and interests, take the lead call together village panel staff to attend villager plenary meeting, discussion villager presses down Long Xiang highway to Long Na east construction of the block up on road construction building site, apply force to take seriously in order to cause a government to the government, force a government to find a place for separately obligate ground. Above fact has state of witness testimony, party and spot photograph to confirm, the fact is clear, evidential authentic. According to of public security bureau of the county austral the accused dragon " law of police of People's Republic of China " the 6th the 2nd: "Uphold order of security of society, check the behavior that endangers social order; " and " management of public security of People's Republic of China sanctions a method " the 23rd the first (one) , the 2nd: "Have one of following action, place warning perhaps fines 200 yuan below; The clue is heavier, be in 5 days of above 10 days to be detained below, can be in 500 yuan of the following amerce; (one) order of disturbed mechanism, organization, enterprise, institution, cause the job, production, do business, medical treatment, education, scientific research cannot on the rails, have not cause serious losing " ; "Gather a crowd of behavior of the money before carrying out, be in 10 days of above 15 days to be detained below to first member, can be in 1000 yuan of the following amerce. " pass an imperial examination 91: "Public security manages punishment to be decided by mechanism of public security of government of people of prefectural class above; Among them 500 yuan of warning, the following amerce can be decided by public security police station " regulation, applicable law is correct, execute the law principal part is legitimate. Accuser thinks the accused is surmounted with misuse of authority, this courtyard does not grant to collect a letter. Public security bureau of the county austral the accused dragon is in after receiving construction unit to report a case to the security authorities, fulfilled subpoena, inquiry, obtain evidence, inform, the formulary program that adjudicates on next, have a record coiling confirm, accuser thinks the program of the accused breaks the law, this courtyard does not grant to adopt. Accuser thinks, prefectural government disobeys what land collects to concern a provision, in did not ask for so that the country concerns the case that the branch is approved and did not settle production of villager of the ground that be asked for, life to fall, collect land forcibly, the accused disregards the proper and legitimate rights and interests of the villager, check the appropriate action of accuser, its major premise breaks the law, minor premise more break the law, the specific administration action that makes so is illegimate also. This courtyard thinks, the specific administration action that collects land is legal, not be the category that this case tries, what this case should try is public security bureau of the county austral the accused dragon specific administration action is legal. The accuser in this case does not listen dissuade, and for many times the construction that block up acquires engineering construction unit legally, be in gather a crowd there is first effect in order of disturbed construction unit, the accused basis concerns the provision of legal laws and regulations, wait to accuser make administrative punishment, evidence really, the process is legal, applicable law is correct. Accuser asks to sentence civil code of according to of your the accused and national compensation law to be damaged to the spirit of accuser, pecuniary loss gives compensation, make inside this prefectural limits make an apology publicly, this courtyard does not grant to support. This courtyard basis " procedural law of administration of People's Republic of China " fiftieth 4 the first (one) and " top people court about carrying out < procedural law of administration of People's Republic of China > the explanation of a certain number of problems " fiftieth 5 regulation, court decision: One, maintain public security bureau of the county austral the accused dragon dragon is fair (labour) definitely word [decision of punishment of 2008]526 date, 534 530 date, administration. 2, the other suit request that rejects accuser. The case accepts fee 50 yuan, by accuser burden.