Practice experience:He has been practicing as a lawyer for more than 25 years since 1995, and has focused on the field of administrative law for a long time.
In 2012, Beijing Zaiming law firm was founded to serve customers with the spirit of "justice, integrity, integration and responsibility" with the vision of administrative law. In the field of land acquisition and demolition, Yang Zaiming and his team have represented more than 7000 cases in 30 provincial administrative regions in China.
1. Qingdao Pingdu 3.21 land acquisition and arson case
In the early morning of March 21, 2014, when the villagers of dujiatuan village, Fengtai street, Pingdu City, Qingdao were guarding the expropriated farmland, their tents were set on fire by five other villagers instructed by the director of the village committee and the contractor of the expropriated land real estate development project, resulting in one death and three injuries of four land guarding villagers.
On March 19, 2015, the case of land acquisition and arson on March 21, Pingdu, Qingdao, represented by lawyer Yang Zaiming, was publicly pronounced in the first instance in the eighth court of Pudong, Shandong Qingdao intermediate people`s court. The defendant Wang Yuefu was sentenced to death, Du Qunshan and Li Qing were sentenced to life imprisonment, and the other defendants were sentenced to fixed-term imprisonment. The plaintiff and victim of incidental civil action won corresponding compensation under the agency of lawyer Yang Zaiming.
The case was later rated as "2014 China`s top ten influential litigation cases" by the selection activity of "China influential litigation" organized by China Case Law Research Association, Southern Weekend Newspaper and Law Publishing House.
2. Administrative enforcement case of Rugao metal cold drawn profile Co., Ltd. against Rucheng sub district office, Hongba neighborhood committee of Rucheng sub district, etc
On September 18, 2003, Rugao metal cold drawn profile Co., Ltd. (hereinafter referred to as cold drawn company) and Hongba community neighborhood committee of Rucheng Street (hereinafter referred to as Hongba neighborhood committee) signed the land lease agreement, and the land lease term is up to October 2021. On August 20, 2011, the house of lengla company was forcibly demolished. Lengla company claimed that the houses involved were demolished jointly by Rugao municipal government, Rugao Urban Administration Bureau and Rucheng sub district office, so it sued the court to confirm that the three defendants joint demolition of the houses involved was illegal, and the legitimate rights and interests of the parties were safeguarded under the agency of lawyer Yang Zaiming.
This case is a typical case of illegal demolition. With profound legal skills and persistent legal spirit, lawyer Yang Zaiming provided the preliminary evidence of the implementation of demolition by the administrative organ through litigation evidence. When the administrative organ could not provide contrary evidence, he should presume his claim on the subject of demolition and strive for reasonable compensation for the parties.
The case was selected as "2016 top ten typical cases in Jiangsu" after establishing the judgment standard of forced demolition subject.
3. Xu Shuiyun v. administrative coercion and administrative compensation of Wucheng District Government of Jinhua City
In July 2001, Xu Shuiyun`s house in Wucheng District, Jinhua City was included in the demolition scope. In August 2014, Wucheng District government issued an announcement on the collection scope of old city reconstruction houses, and Xu`s house is within the collection scope. Subsequently, Wucheng District government issued a decision on house expropriation, but Xu`s house had been demolished for more than a month. In this case, represented by lawyer Yang Zaiming, the Supreme Court finally made the judgment that "the court of first and second instance confirmed that the administrative act of forcibly demolishing Xu`s house by Wucheng District government was illegal, and ordered the district government to make administrative compensation to Xu according to law".
This case established the state compensation liability for illegal forced relocation of municipal and County People`s governments, strengthened the judicial protection of property rights, and prevented illegal administration from "zero cost". It was included in the typical cases (the first batch) in which the people`s court gave full play to its judicial function to protect property rights and the legitimate rights and interests of entrepreneurs. It was widely reported in CCTV s "news broadcast", "news 1 + 1" and other columns, It was selected as one of the "top ten cases to promote the process of rule of law in 2018". This is a major breakthrough victory in the field of administrative rule of law and an important case to guide the judgment of similar expropriation cases.
1. Practical guide to the case of house demolition, written by Yang Zaiming and Huang Yan, published by Peking University Press in June 2010;
2. Guidelines for winning demolition cases, written by Yang Zaiming and Huang Yan, published by China Legal Publishing House in August 2010;
3. I recommend Xuanyuan with my blood - a documentary on the handling of cases by Chinese barristers, edited by Yang Zaiming and Chen Guangwu, published by the people`s daily press in December 2011;
4. Operation strategy and case analysis of housing expropriation compensation, written by Yang Zaiming and Huang Yan, published by Law Press in January 2015;
5. This is how I represent the demolition case, written by Yang Zaiming, published by China University of political science and Law Press in August 2015;
6. Fair dream of lawyers in a big country, edited by Yang Zaiming and published by people`s daily press in October 2015.Educational background:
Bachelor of law, Shandong University, master of law, Renmin University of China
Member of the administrative law professional committee of Beijing Lawyers Association, member of China law society, host and commentator of CCTV special guest.
Lawyer Yang Zaiming also served as a special commentator in the column of people`s livelihood and law of the people`s daily. At the same time, he made legal comments as a special guest and author in dozens of media, such as CCTV, Beijing TV, China News Agency, procuratorial daily, rule of law daily, Legal Evening News, southern weekend, China Newsweek, Beijing News and economic observer.
In 2009, it won the honorary title of "influencing China · the ninth top ten figures of the times in China" selected by Fangyuan magazine of procuratorial daily;
January 2011, "demolition lawyer of 2010 legal year"; In August of the same year, it was examined and approved by the all China Lawyers Association and rated as the excellent lawyer of 2010 by the Yearbook of Chinese lawyers.
The cases represented were rated as the top ten influential litigation cases in China in 2014, the top ten typical cases in Jiangsu in 2016 and the top ten cases promoting the process of rule of law in 2018,