行政复议

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市场监管、公安部门行政争议高发,司法部发布行政复议白皮书
Nan Fang Du Shi Bao· 2025-07-01 15:17
Core Insights - The Ministry of Justice released the "Administrative Review Work White Paper (2024)", highlighting significant trends in administrative disputes and resolutions in China [1][2]. Group 1: Administrative Review Statistics - The number of new administrative review cases received by various levels of administrative review agencies reached 749,600 in 2024, a year-on-year increase of 94.7%, which is 2.5 times the number of first-instance administrative cases in courts [2] - The total number of concluded administrative review cases was 641,000, reflecting an 82.1% year-on-year growth [2] - Administrative review cases are predominantly concentrated in economically developed provinces, with 17 provinces receiving over 10,000 cases, accounting for more than 83.2% of the total [2] Group 2: Areas of High Administrative Disputes - The most frequent areas of administrative disputes are market regulation and public security, with the top five categories of cases being: market regulation (163,000 cases, 29.5%), public security (125,000 cases, 22.6%), natural resources (39,000 cases, 7.1%), human resources and social security (27,000 cases, 4.9%), and financial supervision (26,000 cases, 4.7%) [3][4] - In terms of administrative behavior, the most common cases involve complaint handling (161,000 cases, 29.2%), administrative penalties (130,000 cases, 23.5%), government information disclosure (105,000 cases, 19.1%), administrative inaction (48,000 cases, 8.7%), and administrative confirmation (22,000 cases, 4.0%) [3] Group 3: Resolution and Correction Rates - The direct correction rate for administrative reviews was reported at 12.1%, with 58,000 cases corrected through various means such as changes, cancellations, and confirmations of illegality [6] - A total of 168,000 cases were resolved through mediation and reconciliation, achieving a settlement rate of 26.3% [4] - After administrative review, 90.3% of cases did not proceed to litigation or petition processes, with a year-on-year increase of 13.5 percentage points in case resolution rates [4] Group 4: Focus on Enterprise-related Law Enforcement - Administrative review agencies have intensified efforts to supervise unlawful and improper law enforcement actions affecting enterprises, correcting over 6,500 such cases [5] - Specific instances include the correction of wrongful administrative penalties that saved enterprises over 10 million yuan [5] - The white paper emphasizes the importance of maintaining consistency in legal policies to support the construction of a unified market [5]
去年全国各级行政复议机关办结行政复议案件64.1万件
Xin Hua She· 2025-07-01 12:55
Core Insights - The number of new administrative review cases received by administrative review agencies across the country reached 749,600 in 2024, representing a year-on-year increase of 94.7% [1] - A total of 641,000 administrative review cases were concluded, marking an 82.1% year-on-year growth [1] - 90.3% of cases that underwent administrative review did not proceed to litigation or petition processes [1] Group 1: Administrative Review Performance - Administrative review agencies effectively resolved disputes through mediation and reconciliation, concluding 168,000 cases via these methods, with a settlement rate of 26.3% [1] - 44,000 administrative disputes were resolved through self-correction by law enforcement agencies, achieving early detection and resolution [1] - Administrative review agencies corrected 58,000 unlawful or improper administrative actions, with a direct correction rate of 12.1% [1] Group 2: Supervision of Administrative Law Enforcement - Administrative review agencies intensified supervision of unlawful and improper law enforcement actions affecting enterprises, correcting over 6,500 such cases [2] - The issuance of administrative review opinions and recommendations helped address common issues in enterprise-related law enforcement [2] - Collaborative efforts with business associations and chambers of commerce facilitated the mediation and resolution of 19,000 cases, providing significant relief to enterprises [2]
为一部电梯,“红头文件”改了(法治头条)
Ren Min Ri Bao· 2025-06-11 22:11
Core Viewpoint - The article discusses the successful installation of elevators in old residential buildings in Guang'an, Sichuan, highlighting the role of administrative review in resolving bureaucratic obstacles and improving community living conditions [4][5][10]. Group 1: Elevator Installation in Guang'an - The residents of Jinping Garden community have long awaited the installation of elevators due to the aging population and previous design limitations of the buildings [4][5]. - A restrictive "red-headed document" initially prevented the installation of elevators on street-facing sides of buildings, leading to a stalled approval process [5][10]. - The modification of this document was prompted by a resident's administrative review request, which highlighted the disconnect between bureaucratic regulations and community needs [6][7]. Group 2: Administrative Review Process - The administrative review process allowed residents to challenge the legality of the restrictive regulations, leading to a reassessment of the rules governing elevator installations [6][11]. - The review process revealed that the original regulations were outdated, as the demand for elevator installations had significantly increased in recent years [10][12]. - The successful modification of the regulations facilitated the approval of elevator installations not only for the Jinping Garden community but also for other similar buildings in Guang'an [13][14]. Group 3: Implications for Governance - The case exemplifies the effectiveness of administrative review as a tool for resolving public grievances and improving local governance [15][16]. - The article emphasizes the importance of adapting regulations to meet the evolving needs of the community, thereby enhancing the quality of life for residents [12][15]. - The administrative review process is positioned as a critical mechanism for ensuring that government actions align with public interests and needs [15][16].
减少行政行为重启带来的维权成本
Ren Min Ri Bao· 2025-05-21 21:59
Group 1 - The core issue in the administrative penalty case was the appropriateness of the fine amount imposed on the company for exceeding pollution discharge limits due to a malfunctioning leachate treatment system [1] - The original fine of 107,000 yuan was deemed excessive after considering the duration of the violation, the company's proactive remediation efforts, and the social harm caused, leading to a reduction of the fine to 50,000 yuan [1] - This case is part of a recent release by the Ministry of Justice, which includes five typical cases demonstrating the efficiency of administrative review in supervising administrative actions and promoting fair enforcement [1] Group 2 - The administrative review process allows for direct new administrative actions when facts are unclear or evidence is insufficient, reducing the burden on applicants [2] - An example case involved a worker's compensation claim where the administrative review body determined that the applicant was indeed on a reasonable route for work-related injury, thus facilitating timely relief for the injured party [2]