The State Council ’s acceptance of administrative reconsideration cases fell by more than 30% last year
The State Council strengthened its administrative review and supervision
□ Reporter Zhang Wei
The situation that the number of administrative reconsideration cases entering the State Council ’s ruling has increased rapidly year by year has been initially curbed in 2019. The Legal Daily reporter recently learned from the Administrative Review and Response Bureau of the Ministry of Justice that just in 2019, the number of newly decided State Council ruling cases fell by 33.7% compared with the same period last year.
This change is meaningful. It is the inevitable result of the further increase of the administrative reconsideration supervision and error correction in recent years, and the promotion of relevant administrative agencies to improve law enforcement. It is also the effect of improving the quality of the original administrative reconsideration work within the administrative reconsideration system. "It has forced the initial review of the provincial and ministerial organs to take effect," said Chen Fuzhi, director of the Administrative Review and Response Bureau of the Ministry of Justice.
2019 is the 20th anniversary of the implementation of the Administrative Review Law. At the age of 20, in life, it is a season of youthful flying. China ’s administrative reconsideration is also full of vitality at the age of 20, and has achieved a series of dazzling results including the above changes.
According to Chen Fuzhi, the number of administrative reconsideration cases in 2019 has increased significantly compared with last year, and the supervision and correction efforts have been further strengthened; substantial progress has been made in the reform of the administrative reconsideration system; the construction of administrative reconsideration informatization has been steadily advanced, and the administrative reconsideration work platform has been fully promoted and applied. The reconsideration organization has initially achieved data connectivity; the administrative reconsideration publicity work has been fully launched, and more points have blossomed. The social awareness and credibility of the administrative reconsideration have been significantly improved; the benign interaction with the judicial organ has been further deepened, and the coordination of administrative reconsideration and response to the administrative trial work Smoother and more effective ...
Farmers want to sue the provincial government
State Council reconsiders to support
Cai Mou of Huangshan City, Anhui Province, may never have thought that one day, he will receive a ruling from the State Council to revoke the provincial government ’s land acquisition decision. This ruling comes from 33 Ping'anli West Street, Xicheng District, Beijing-the Administrative Review and Response Bureau of the Ministry of Justice. This is where the State Council's administrative reconsideration ruling cases are handled.
Things go back to 2017. Cai ’s homestead was demolished by the local government. Cai was dissatisfied with the demolition notice and filed an administrative lawsuit with the court. During the litigation process, Cai was informed that the land involved was expropriated by a land acquisition decision of the Anhui Provincial Government in 2013. Cai immediately questioned the pre-acquisition notification procedure for the land acquisition decision,
Apply to the Anhui Provincial Government for administrative review. At the end of 2017, the Anhui Provincial Government made an administrative review decision to maintain the land acquisition decision.
What next? The local court held that the land acquisition decision was not subject to judicial review and therefore did not accept such cases. Cai Mou could only continue to apply to the State Council for an administrative review decision. But he still has doubts in his heart, "The attorney told me that as a high-level government, the provincial government has made it difficult to revoke administrative decisions, especially those involving land acquisition. But I still want to give it a try and find a place to say Reasonable. "
After sending the application for administrative reconsideration, Cai did not have much hope, but unexpectedly, the State Council's ruling really came. Cai said that the situation at that time was still hard to hide. "I can't believe my eyes. I read the verdict several times. It's really good to have such a reasonable place."
This ruling clearly stated that when the land acquisition was approved and the land acquisition was approved in this case, the applicant ’s community had not been revoked and had not been merged into the surrounding communities. The relevant department in charge of the land requisition report has determined that the land to be requisitioned is owned by the surrounding communities, which is an error in the determination of the ownership. At the same time, it has not performed the notification and confirmation procedures before the land requisition approval for the applicant ’s community, which does not meet the relevant national regulations. "Generally speaking, the land acquisition procedure is declared from the bottom up, and the lower level government departments have made mistakes in the ownership of the land survey process. If the provincial government as the approval and review agency is only a written review, it is naturally difficult to find the problem. The State Council ’s ruling stage must be clearly investigated, and this conclusion can only be reached after a scientific and serious investigation. ”Cai ’s attorney said with emotion,“ The State Council ’s ruling fully shows that there is no such kind of rumor within the administrative system. ” 'Officials and officials' mutual protection', it will further promote the local government's administration according to law and be more cautious when making similar decisions in the future. "
Afterwards, the original administrative reviewer said: "Although you have rejected my conclusion, it actually supported my courage and courage for my future error correction work. Because if the future leaders cannot make up their minds, the original level will be determined Come to correct the error, I will tell the leader that we will not correct the error ourselves, the State Council will come to correct the error! "
Force the government to administer according to law
Find problems and order rectification
Based on facts, the law is the criterion; reconsideration serves the people and serves the masses; the blade is inward and courageous to correct errors; the standardization of administrative management through case handling promotes the strength of the original level of reconsideration and promotes the improvement of the credibility of the government. These are the repeated practice of the Administrative Reconsideration and Response Bureau of the Ministry of Justice in handling administrative reconsideration cases in recent years.
It is understood that the Administrative Review and Response Bureau of the Ministry of Justice undertook a total of 5,575 cases in 2019. Among them, 4,989 administrative reconsideration cases of the State Council, 383 administrative reconsideration cases of ministries and agencies, and 203 responding cases. 4046 cases were concluded that year, an increase of 37% compared with the same period of the previous year, and the conclusion rate reached 73%.
In handling cases, the Administrative Reconsideration and Responding Bureau of the Ministry of Justice has continuously increased supervision and error correction, forcing all provincial and ministerial-level administrative agencies and provincial-level judicial administrative agencies to administer according to law. In order to ensure the effectiveness of handling cases, a working group has been sent to 18 provinces including Shandong and Sichuan to verify evidence. Resolutely correct any problems found. The direct error correction rate of the cases filed and decided by the State Council reached 26%, an increase of 7 percentage points over the same period of the previous year; the direct error correction rate of administrative reconsideration of ministries and agencies reached the highest level in history. For the 255 supervisory cases where the relevant provincial government failed to perform its statutory duties for administrative reconsideration, it urged them to accept the study according to law. We will sort out the common problems in the land management of the provincial government found in the case, and sort them out on a monthly basis, promptly instructing the relevant provincial government to make corrections.
In addition, in 2019, the Administrative Reconsideration and Response Bureau of the Ministry of Justice received a total of 1,845 applicants for reconsideration, including more than 20 group visits.
It is worth noting that in order to give full play to the function of administrative reconsideration as a "barometer" reflecting the state of administration according to law, and to better assist the construction of the government under the rule of law, the Administrative Reconsideration and Responding Bureau of the Ministry of Justice will move the gate forward while correcting individual cases. The illegal and common problems found in the handling of cases shall be ordered to be rectified through the form of issuing opinions and interviews.
According to reports, in the process of handling administrative reconsideration cases under the State Council, the Ministry of Justice ’s Administrative Reconsideration and Responding Bureau issued a total of 16 administrative reconsideration opinions and proposals to provincial and ministerial agencies throughout the year, instructing them to rectify relevant issues within a limited time; Unit 13 times, urged the Ministry of Natural Resources to clean up 11 reform pilot documents inconsistent with the higher-level law.
At the same time, it combed and analyzed the data of the national administrative reconsideration and administrative response cases in 2018 to find the key areas, regions, levels and prominent problems of current lawful administration, and made a special report to the State Council.
Reform plan initially formed
Information platform interconnection
In 2019, the highly anticipated reform of the administrative reconsideration system is also intensifying its progress and making breakthrough progress.
In accordance with the requirements of the Third Plenary Session of the Eighteenth Central Committee of the Party and the specific implementation of the "Guidelines for the Construction of a Rule of Law (2015-2020)" issued by the Party Central Committee and the State Council, the Administrative Review and Response Bureau of the Ministry of Justice repeatedly sought the opinions of various localities and departments On the basis of the above, the administrative reconsideration system reform plan was revised, and submitted to the Party Committee of the Ministry for deliberation and approval. It also communicated and coordinated with relevant departments on key issues in implementing the reform many times, and reached consensus.
On February 5, 2020, the Central Committee for the Comprehensive Management of the Country by Law reviewed and approved the plan for the reform of the administrative review system. On April 18, the Central Committee for the Comprehensive Management of the Country by Law officially issued this plan.
In addition, the Administrative Reconsideration and Response Bureau of the Ministry of Justice takes the standardization, informatization, and specialization of administrative reconsideration as the starting point, and strengthens the supervision and guidance of the national administrative reconsideration work. Study and draft the "Opinions on Further Promoting the Standardized Construction of Administrative Reconsideration Work", and plan to unify the whole process and all aspects of the administrative reconsideration work to further enhance the standardization level of administrative reconsideration work. Fully promote and apply the administrative reconsideration work platform. Up to now, 31 provinces (autonomous regions and municipalities) and Xinjiang Production and Construction Corps, as well as most State Council departments have entered more than 360,000 administrative reconsideration cases through the platform. The situation of interconnection and interconnection of administrative reconsideration information nationwide has taken shape, the quality and efficiency of administrative reconsideration work have been further improved, and the functions of administrative reconsideration have been further expanded.
Chen Fuzhi said that the Administrative Review and Response Bureau of the Ministry of Justice will further improve the quality and efficiency of handling cases. Efforts should be made to overcome the practical difficulties of "more cases and fewer people", accelerate the progress of case handling, and strive to reduce the backlog of cases. Increasing the supervision and correction of individual cases, while focusing on sorting out common issues of cases, and enhancing the effectiveness of handling cases through interviews, notifications, making and issuing opinions, and holding press conferences. And promote the implementation of the administrative reconsideration system reform plan in place, and accelerate the revision of the administrative reconsideration law.