Original title: man should be rewarded 190000 for reporting 'window parabolic'? Urban management: overtime pay only
Four years ago, in order to encourage the public to actively report the uncivilized behavior of window throwing, mud on wheels and vehicle dripping and leaking, Liuzhou City Management Committee issued the notice on printing and distributing (hereinafter referred to as the "implementation measures") to reward the public with 100 yuan for reporting the behavior of window throwing after verification.
From 2017 to 2018, based on the implementation measures, Mr. Ye, a citizen of Liuzhou, provided 1955 videos of uncivilized behaviors such as window throwing, mud on wheels, vehicle dripping and leaking to the local urban management and administrative law enforcement bureau (hereinafter referred to as urban management department) and requested the urban management department to reward 100 yuan for each clue, totaling more than 190000 yuan.
Urban management departments believe that these video clues, only 941 meet the conditions. However, the urban management department did not give rewards according to the "implementation measures". For some video clues, it only agreed to pay for overtime work, that is, 100 yuan per day. The two sides have a dispute.
Mr. Ye first complained to the Bureau of letters and visits of Liuzhou City, and then transferred to the urban management department for handling. On October 8, 2018, the Urban Management Department replied that the reward should be implemented according to the documents of Liuzhou city appearance Bureau instead of the implementation measures.
Mr. Ye asked to submit a petition review to the Department of housing and urban rural development of Guangxi. The Department replied that the nature of the dispute in this case is a labor dispute and suggested that the labor arbitration procedure be adopted.
After contacting Liuzhou Labor Arbitration Commission, Mr. Ye got the following reply: the dispute between the two parties does not belong to labor dispute, but belongs to civil reward advertisement dispute, so it is suggested to go through judicial procedure.
Mr. Ye believes that the implementation measures is a form of advertisement offering a reward. It belongs to the creditor who completes the content of the reward advertisement by himself, and has the right to request the urban management department to perform the obligation of payment unconditionally and timely. However, the urban management department fails to implement the "implementation measures" and only pays overtime wages, which violates the principle of fairness stipulated in the "general principles of civil law". So this year, he sued the urban management department to the Chengzhong district court.
After examination, the court held that the original plaintiff's claim for reward to the defendant was based on the relevant provisions of the implementation measures. This method is an administrative document issued by the administrative department due to the need of administrative management, which does not belong to the civil relationship between equal subjects. According to the relevant provisions of China's civil procedure law, the lawsuit filed by the plaintiff ye in accordance with the relevant provisions of the implementation measures does not belong to the scope of civil litigation accepted by the people's court.
On May 22, the first instance court of Chengzhong District of Liuzhou city made a civil ruling, rejecting the plaintiff's lawsuit.