60: Not open to the public? Let you take the initiative to take it out!

Zhou Yun nodded: "That's right, the Linwu City Housing and Construction Bureau failed to fulfill its supervisory duties, leading to the project being unfinished and causing severe losses to my clients."

"Therefore, I'm suing to confirm that the Housing and Urban-Rural Development Bureau's administrative action was illegal!"

Yes, that's right, Zhou Yun didn't file an administrative lawsuit for "requesting the disclosure of the supervisory account"; instead, he sought to confirm that the Housing and Urban-Rural Development Bureau's administrative action was illegal!

He absolutely could not debate with the other party whether the account's confidentiality was truly a "trade secret."

Because as long as he debated that with them, he would be at a disadvantage.

Of course, he had some confidence in winning, but it would be very difficult; if the Court leaned even slightly, the chances of losing would be very high.

However, if he filed a lawsuit to confirm the illegality of an administrative action, it would be different!

Many people don't know that an administrative agency's administrative actions include both "active administrative actions" and "inactive administrative actions"!

Some people might not understand, but it's actually very simple: an active administrative action is an action proactively taken by an administrative agency, such as an administrative penalty, like a fine; this is an active administrative action.

An inactive administrative action, on the other hand, refers to an administrative agency having a certain obligation due to laws or relevant regulations, but failing to fulfill that obligation; that is an inactive administrative action.

For inactive administrative actions, we can also file a lawsuit to confirm their illegality!

And there's a special point about administrative lawsuits: the burden of proof is reversed!

That is to say, as long as you have some evidence to prove that the administrative action might be illegal, then after you file the lawsuit, the administrative agency must prove its innocence!

Alright, I'm suing now, you failed to fulfill your fund supervision duties, causing severe losses to my clients; how will you prove your innocence?

Don't you have to provide the detailed records of the supervisory account and the developer's withdrawal applications to prove that you have fulfilled your supervisory duties?

Then that's it; the other party will have to produce the supervisory details themselves, no need to sue for it again.

This is Zhou Yun's other path, or rather, the path he is most accustomed to taking: always maintaining the initiative in any case!

As for why he didn't use it before, it was because he lacked crucial evidence, which was the investigation result issued by the Linwu Branch.

That's right, this investigation result was used here again.

Simply stating that the project is unfinished and the supervisory funds haven't entered the account might not be enough, but if combined with the loan's destination, then it becomes much easier.

Grandpa Li, Wen Yuhe, and several others have already completed online signing, but the down payments and loans for Grandpa Li's five families did not enter the supervisory account!

This involves another issue; theoretically, pre-sale funds must enter the supervisory account, and only with this voucher can you complete online signing and registration!

See, the regulations are actually very comprehensive, but unfortunately, no one follows them.

So the question arises: if the down payment and loan didn't enter the supervisory account, how was the online signing and registration completed? How did you review it on your end?

This is also a failure to fulfill supervisory duties!

His goal was not necessarily to confirm the illegality of the Housing and Urban-Rural Development Bureau's administrative action, but to use administrative litigation as a means to make the Housing and Urban-Rural Development Bureau find the developer.

The developer certainly has people present now, and the Housing and Urban-Rural Development Bureau can contact them; otherwise, the so-called letter from last time couldn't be explained.

Only when the developer comes out into the open can this case continue to advance, and then the three parties can thoroughly argue whose responsibility it is!

Zhou Yun's core objective has always been the developer; he just needs to use methods to get both the Bank and the Housing and Urban-Rural Development Bureau moving.

After suing both sides, all that's left is to wait and see how these two will react.

After leaving the Court, Zhou Yun dialed a number.

"Hello, Grandpa Li, yes, no need to worry, it's fine if it's not disclosed; just wait for them to voluntarily produce it."

In the unfinished building on the other side, Grandpa Li was stunned. The other party would voluntarily produce it? Impossible, right?

Grandpa Li was very upset when he previously learned that Lawyer Zhou's application for disclosure had failed, but now... what's going on?

Time slowly passed, and it was another rainy day.

In the Administrative Disclosure Office, Huang Xiaoli was still sitting as usual; many days had passed since the initial refusal to disclose.

"By my reckoning, Lawyer Zhou should have filed an administrative lawsuit by now, right?" Huang Xiaoli said casually.

The man next to her shook his head: "Who knows, but even an administrative lawsuit doesn't matter; this was never going to be disclosed anyway."

As the two were chatting, the office door was suddenly pushed open, and Huang Xiaoli's friend, a staff member from another department, came in and said, "That Zhou Yun sued our unit!"

"Isn't that normal? It would be abnormal if he didn't sue..." Huang Xiaoli laughed.

"No, I just heard that Zhou Yun didn't sue for the disclosure of details, but rather sued to confirm our administrative inaction!"

"If we want to refute it, we must produce those details and withdrawal documents, otherwise, we won't be able to refute it at all..."

Huang Xiaoli was stunned. After all that, not only did they have to produce it, but they had to produce even more than what was required for administrative disclosure before?

How did this lawyer's mind work!

...

Starlight Real Estate Company is, of course, still in existence, but its office location is impossible for ordinary people to find.

Why are they still around? Because the property management companies for the projects they developed previously are all under their control.

It's just difficult to find legal connections; only a lawyer extremely proficient in company law could meticulously uncover them.

At this moment, Mi Jingming, the hidden boss of the company, was drinking.

So what if the project was unfinished? It didn't affect his money; theoretically, Starlight Real Estate Company had no relation to him now.

But in fact, he was the actual controller.

Just then, his phone rang. Picking it up, Mi Jingming quickly answered: "Hello, what? The other party might get the details?"

"No, but we sent a letter before stating that the supervisory account's fund details are a company trade secret and absolutely cannot be disclosed. Why..."

A voice from the phone rang out: "Then what do we do? You tell me what we do. The other party has already sued, and if we don't actively respond, we'll be judged illegal!"

"Will you take responsibility then?"

If it were in the past, then illegal would be illegal; it didn't matter anyway...

But it won't do in recent years. Now, with the focus on building the rule of law, if it's truly confirmed to be illegal, it would have a significant impact on the unit.

So, they definitely had to find a way to prove that they had fulfilled their supervisory obligations.

Mi Jingming was dumbfounded: "This, why this? We... trade secrets..."

However, a voice on the phone rang again: "That's your problem. I'm just notifying you. That's it."

Listening to the busy signal on the phone, Mi Jingming blinked. This was too much bullying!

No, what on earth happened? Why was someone causing trouble again now?

After thinking carefully, Mi Jingming dialed a number: "Hello, Lao Wu, go and see who's causing trouble again, and ask what's going on!"

The call just now wasn't just a notification; it was telling him to quickly find a way to solve the problem!

Otherwise, the fund details would definitely have to be presented in Court.

Indeed, one could apply for a closed hearing, but even if it's closed, the opposing lawyer would certainly know the situation.

So, the 'father' has spoken; you need to find a way to deal with it.

Indeed, for the unfinished building, that 'father' couldn't do much, but small matters like fund details were easy to control.