最高人民法院、司法部联合发布规范涉企执法司法行政复议、行政诉讼典型案例

Core Viewpoint - The Supreme People's Court and the Ministry of Justice have selected and published 10 typical cases of administrative review and litigation to promote the implementation of the Private Economy Promotion Law and enhance the protection of private enterprises' rights and interests [1][2][3] Group 1: Administrative Review Cases - Case 1: 103 companies challenged the withdrawal of construction qualifications by a housing and urban-rural development department in Jiangsu Province, arguing that their rights to be informed and to defend themselves were not adequately protected [5][6] - Case 2: A development company contested the collection of a penalty by a natural resources and planning bureau in Zhejiang Province, emphasizing that supervision should be conducted on a per-lot basis [9][10] - Case 3: A traditional Chinese medicine clinic disputed an administrative penalty imposed by a market supervision bureau in Shanghai, claiming the punishment was excessive compared to the violations [13][14] - Case 4: A real estate company filed a review against a housing and urban-rural development bureau in Heilongjiang Province for failing to perform statutory duties regarding project completion verification [17][18] - Case 5: A construction company opposed an administrative penalty from a city management bureau in Sichuan Province, arguing that the determination of collusion in bidding should be based on comprehensive judgment [20][21] Group 2: Administrative Agreements and Compensation - Case 6: A real estate company sought compensation from a municipal government for unfulfilled promises regarding land compensation, resulting in a court ruling that mandated the government to pay over 8.41 million yuan [24][26] - Case 7: A passenger transport group sued a municipal government for not fulfilling an administrative agreement related to the transformation of intercity bus services, leading to a court ruling that required the government to comply with the agreement [28][30] - Case 8: An investment company challenged a police bureau's refusal to issue a special industry license, arguing that the bureau's regulations violated higher laws [33][34] - Case 9: A machinery company sought to enforce a meeting record regarding capacity replacement, resulting in a court ruling that emphasized the protection of trust interests in administrative actions [36][39] - Case 10: A mining company requested compensation from a county government due to the overlap of its mining rights with a newly designated water source protection area, leading to a court ruling for compensation of over 5.83 million yuan [40][42]