Hangzhou, May 5 (Zhongxin.com) -- On May 29, the Hangzhou Intermediate People's Court in Zhejiang Province held a public hearing of an environmental protection administrative reconsideration second-instance administrative litigation case. Citizen Xu Moumou applied for reconsideration and filed an administrative lawsuit because he was dissatisfied with the punishment decision of the Hangzhou Municipal Ecology and Environment Bureau. During the trial, Gong Jinyuan, vice mayor of the Hangzhou Municipal People's Government, appeared in court as the responsible person of the Hangzhou Municipal Government.
It is understood that Xu applied to the Hangzhou Municipal Government for administrative reconsideration on a decision on environmental protection administrative penalties, and the Hangzhou Municipal Government rejected Xu's application for administrative reconsideration on the grounds that it exceeded the statutory time limit. Xu was not satisfied and filed a lawsuit with the court to revoke the administrative reconsideration decision made by the Hangzhou Municipal Government. After the first-instance judgment rejected his claim, Xu appealed to the Hangzhou Intermediate Court.
Full Court of the case.
During the trial on the same day, the parties made sufficient statements, defenses, cross-examinations and debates on the facts of the case, legal procedures and application of law around the focus of the dispute over whether the appellant's application for reconsideration exceeded the statutory time limit.
Gong Jinyuan said at the trial that law enforcement work "details determine success or failure", and will further strictly enforce the law, prevent administrative law enforcement risks, improve the level of administration according to law, safeguard the legitimate rights and interests of the masses, and reduce contradictions and disputes from the source. At the same time, he said that in order to avoid procedural idling and substantively resolve administrative disputes, he hoped that the collegial panel would organize and carry out the coordination and resolution of administrative disputes.
"As a native of Hangzhou, I love my hometown very much, because I had little legal awareness, which damaged the environment during the construction process. After a period of study and personal participation in the litigation, I have now deeply realized the harm of his behavior, and hope to coordinate the settlement of the dispute under the organization of the court. Appellant Xu said in court.
It is understood that after the adjournment of the trial, the collegial panel organized the two sides to coordinate to further explain the law and rationale, and strive to substantively resolve the contradiction and dispute.
Hangzhou Vice Mayor Gong Jinyuan (first from left) appeared in court to answer the lawsuit. Photo courtesy of Hangzhou Intermediate Court
"Every administrative punishment decision of an administrative organ concerns the vital interests of the masses, and it must be administered strictly in accordance with the law to ensure that both substantive fairness and procedural justice are achieved." Chen Zhijun, chief judge of the case, secretary of the party group and acting president of the Hangzhou Intermediate People's Court, said that in hearing environmental resources administrative cases in accordance with the law, the people's courts should not only promote the timely performance of administrative supervision duties by administrative organs in accordance with the law, correct illegal administrative acts, and protect the legitimate rights and interests of administrative counterparts, but also support administrative organs in investigating and dealing with environmental violations in accordance with the law and maintain the effectiveness of environmental protection administrative acts.
It is reported that the Provisions of the Supreme People's Court on Several Issues Concerning the Appearance of Responsible Persons of Administrative Organs in Court to Respond to Litigation, which came into effect on July 2020, 7, further standardizes the activities of responsible persons of administrative organs to appear in court and respond to litigation, clearly stipulates the relevant obligations of responsible persons of administrative organs to appear in court, ensures that responsible persons of administrative organs appear in court and speak out, and ensures that the system of responsible persons appearing in court to respond to litigation is effectively implemented. (End)