If an administrative agency makes a decision against you based on an illegal "official document" ("red-headed document"), how can you protect your rights?
In June 2019, Fujian Xinmou Company won the right to lease a state-owned house in Taijiang District, Fuzhou City through public bidding, intending to use it to operate a hotel.
Two years later, after the renovations were completed, Xin's company applied to the Taijiang Branch of the Fuzhou Public Security Bureau for a special industry license for the hotel industry, which was required to open a hotel. Based on the relevant provisions in the official documents issued by the Fujian Provincial Public Security Department, the Taijiang Public Security Bureau determined that the purpose listed on the property ownership certificate was not "accommodation," and therefore did not meet the requirements, and refused to issue the special industry license.
The renovation cost more than 25 million yuan, but the hotel can't open?
Company Xin argues that while the "Regulations on the Administration of Public Security in the Hotel Industry" stipulate the conditions that must be observed when operating a hotel, they do not specify the use of the property rights. The official document issued by the Fujian Provincial Public Security Department, which stipulates conditions for issuing licenses not specified in higher-level laws, is clearly not in accordance with legal requirements and should be deemed invalid.
After unsuccessful communication between the two parties, Xin filed an administrative lawsuit with the People's Court, requesting that the Taijiang Branch of the Fuzhou Public Security Bureau issue a special industry license to it in accordance with the law, and also review the legality of the "official document" in question.
Will the court support Xin's company's request? In daily life, if we find that government documents ("red-headed documents") concerning our rights are unreasonable or illegal, how should we protect our rights?
This issue of "Legal Commentary" focuses on the legality of official government documents ("red-headed documents"), discussing cases and explaining the law. (Jin Xin, People's Daily Online)
