为深入落实法治政府建设要求，进一步推动行政争议源头预防与实质性化解，12月26日，泾阳法院联合 县检察院、县司法局以及县各行政执法单位，举办了行政审判、行政复议与行政执法同堂培训会暨行政 争议化解专题座谈会。 作者：庞小利、苟文欣 编辑：侯宜均 责编：马 宁 审核：姚启明 本次活动以"凝聚共识、统一标准、提升效能"为目标，聚焦当前行政争议高发领域的共性问题与典型案 例，旨在进一步统一执法司法理念，规范执法司法标准，提升行政争议源头预防与实质性化解能力。 会议围绕"行政诉讼败诉风险点及防范"主题，结合近年来审理的行政处罚、行政确认、行政登记等典型 案件，深入剖析了行政机关在事实认定、证据收集、程序规范、法律适用等方面的常见问题，通过"以 案释法"的形式，为参训人员上了一堂生动的法治课。 会上，综合审判庭法官介绍了我院实质化解行政争议"六步法"工作成效，并结合行政审判实践阐述了行 政诉讼案件核心在于对事实清楚、程序合法、适用法律准确三个方面的严格审查，为行政机关提供明确 的办案指引，帮助其及时发现和纠正执法过程中存在的问题，从而提升依法行政的能力和水平，从源头 上预防和降低行政争议的发生。会议还就行刑反向衔接问题 ...

转自：成都日报锦观 司法软实力铸就发展硬支撑 成都法院"十四五"法治建设全景扫描 "蓉法护企面对面"系列活动第二场"企需我应、开门纳谏"座谈会。 成都中院与北京大学国际法学院签订合作协议。 技术调查官辅助成都中院法官现场勘验大型机械设备。 在优化营商环境方面，通过"蓉法护企面对面"等品牌活动，累计开展法企对话300余次，与20余家单位建立常态化联系机制。同时，联合知名 高校共建法治人才基地，承办全国性法治论坛，持续释放对法务、商务机构的虹吸效应，不断提升法务区影响力。 展望未来，成都法院将持续做强"蓉法护企面对面"品牌，建设更加贴近市场主体的司法服务前沿阵地，做实法企对话、问需解忧工作，创新法 治人才"引育用留"模式，深化全流程数字法院建设，加快打造纠纷解决"优选地"、司法裁判"标杆地"、法治创新"策源地"、司法保护"新高 地"。 创新驱动 严格保护 知产审判引领示范 高新法院法官在全生命周期数字文创保护基地开展"送法进园区"活动。 "十四五"收官，"十五五"开局。 12月9日，中共成都市委十四届八次全会召开，会议审议通过了《中共成都市委关于制定成都市国民经济和社会发展第十五个五年规划的建 议》。在上一个五年 ...

Core Insights - The Shanghai High People's Court reported a significant increase in administrative cases for 2024, with a total of 8,406 cases accepted, representing a year-on-year increase of 32.07% [1] - The majority of cases involved four key administrative enforcement areas: housing expropriation, public security, human resources and social security, and market regulation, totaling 5,435 cases, which accounts for 64.7% of the total [1] - The appearance rate of administrative agency heads in court has risen to 84.9%, an increase of 9.2 percentage points compared to the previous year [1] - The court emphasized a people-centered approach in administrative adjudication, with a coordination resolution rate of 46.4% for first-instance administrative cases, up by 8.7 percentage points year-on-year [1] Recommendations for Legal Governance - Focus on promoting lawful administration and continuously strengthen the construction of a law-based government [1] - Emphasize the prevention and resolution of administrative disputes, enhancing collaboration between government and courts [1] - Continue to deepen the effectiveness of court appearances by administrative agency heads [1] - Strengthen the capacity of administrative enforcement through ongoing team development [1]

Core Points - The article highlights the importance of standardized and rigorous law enforcement procedures, emphasizing that they directly impact the outcomes of legal penalties and justice [1] - The collaborative efforts between the courts and administrative agencies in Quzhou have led to enhanced legal awareness and effective resolution of administrative disputes [1][6] Group 1: Administrative Court Innovations - Quzhou's courts have implemented a "court classroom" initiative, allowing administrative law enforcement personnel to observe trials, thereby improving their legal awareness and thinking [1] - The "cloud observation + in-depth explanation" teaching model has been established in collaboration with the Quzhou Party School, enhancing the legal education of key personnel [2] - A dual-track teaching model combining "cloud classrooms + practical experience" has been developed with several law schools, resulting in the training of over 120 legal talents [3] Group 2: Practical Engagement and Learning - Regular attendance of government leaders at court hearings has been institutionalized, promoting self-correction and accountability within administrative agencies [4] - A "three precision" observation mechanism has been established to enhance the effectiveness of court hearings, focusing on high-loss areas such as compensation and administrative penalties [5] - In 2024, Quzhou courts resolved 220 administrative disputes, achieving a withdrawal rate of 51.28%, the highest in the province [5] Group 3: Legal Education and Community Engagement - Quzhou courts have expanded their educational outreach, conducting over 20 administrative law lectures annually to cover all levels of government [6] - Judicial white papers and recommendations have been utilized to guide administrative practices, with 62 judicial suggestions provided to various departments over the past three years [6] - The "court classroom" concept has been broadened to include various community engagement activities, significantly enhancing public legal awareness and the overall level of legal governance [7] Group 4: Future Directions - The Quzhou courts aim to deepen the interaction between judicial and administrative bodies, further advancing the construction of a law-based government [7]

Group 1 - The Guangdong Provincial High People's Court reported a total of 26,600 first-instance administrative cases concluded in 2024, showing an upward trend year-on-year [1] - The number of newly received administrative non-litigation review cases significantly decreased by 18.06%, with 35,700 cases concluded, indicating a continuous improvement in the execution rate of administrative litigation [1] - Administrative litigation in Guangdong is characterized by a concentration of cases in specific regions and types, with 79.64% of first-instance administrative cases concentrated in the nine cities of the Guangdong-Hong Kong-Macao Greater Bay Area [1] Group 2 - The Guangdong courts have deepened the collaboration between government and judiciary, issuing 170 various administrative judicial recommendations in 2024, with a feedback rate of 99.41% [2] - The rate of administrative agency heads appearing in court has increased for three consecutive years, reaching 99.71%, which has effectively facilitated the resolution of disputes [2] - A total of 14,000 administrative disputes were resolved in 2024, with 3,669 first-instance administrative cases concluded through mediation or plaintiff withdrawal, demonstrating significant dispute resolution effectiveness [2]

Group 1 - The core viewpoint of the white paper is that administrative review has become a significant channel for resolving administrative disputes, with a notable increase in the number of cases handled [1][2] - In 2024, the total number of new administrative review cases received nationwide reached 749,600, representing a year-on-year increase of 94.7%, which is 2.5 times the number of first-instance administrative cases in courts [1] - The number of concluded administrative review cases was 641,000, showing a year-on-year growth of 82.1% [1] Group 2 - The majority of administrative review cases are concentrated in economically developed provinces, with 17 provinces receiving over 10,000 cases each, accounting for 83.2% of the total [1] - The top five provinces with the highest number of cases are Beijing (68,000), Guangdong (50,000), Shandong (46,000), Zhejiang (31,000), and Jiangsu (28,000) [1] - Over 80% of cases are initiated by municipal and county-level governments, with county-level governments handling 285,000 cases (51.5%) and municipal governments handling 169,000 cases (30.6%) [1] Group 3 - The most common 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%) [1] - In terms of administrative actions, the most frequent 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%) [2] Group 4 - A total of 168,000 cases were resolved through mediation and reconciliation, achieving a settlement rate of 26.3% [2] - 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 [2] - The rate of administrative agencies losing cases in subsequent administrative litigation dropped to 2.9% after administrative review [2]

Core Viewpoint - The case represents the first instance in which an individual faced administrative penalties for obstructing and refusing to cooperate with securities regulatory authorities during an investigation [2] Group 1: Case Background - In November 2023, two investigators from the Guangdong Securities Regulatory Bureau were assaulted by the appellant, Feng, while attempting to conduct an investigation at his residence, resulting in physical injuries to the investigators [1][3] - The Guangdong Securities Regulatory Bureau imposed a fine of 300,000 yuan on Feng for his actions, which he contested through an administrative review and subsequent legal proceedings [1][3] Group 2: Legal Proceedings - The Beijing Financial Court conducted a thorough investigation into the legality of the administrative penalty and the validity of the review decision, focusing on whether Feng's actions constituted obstruction of the regulatory authority's duties [4] - The court emphasized the importance of regulatory officials participating in legal proceedings to enhance the rule of law in financial regulation and to ensure compliance with national financial strategies [4] Group 3: Defense and Ruling - During the hearings, Feng argued that his violent reaction was an overreaction and claimed he was unaware of the obligation to cooperate with the investigation [5][6] - The Guangdong Securities Regulatory Bureau acknowledged Feng's claims but maintained that the evidence clearly demonstrated his refusal to cooperate, leading to the decision to impose the fine [6]

Core Viewpoint - The Hunan Provincial Department of Natural Resources emphasizes the importance of legal governance and administrative review, focusing on enhancing the effectiveness of administrative litigation and dispute resolution in the natural resources sector [1]. Group 1: Mechanism Improvement and Responsibility Implementation - The Hunan Department has established a system to ensure accountability for administrative review and litigation, with a 100% appearance rate of department leaders in court [2]. - A total of 112 administrative reviews and 24 administrative litigations were processed on time in 2024, demonstrating the department's commitment to timely handling of cases [2]. - The department has implemented a comprehensive internal supervision system, integrating performance assessments related to legal compliance into the evaluation of civil servants [2]. Group 2: People-Centric Approach and Conflict Resolution - The establishment of a coordination center for administrative disputes aims to facilitate the resolution of conflicts through both litigation and non-litigation methods [3]. - In 2024, 10 out of 61 resolved administrative review cases were terminated through mediation, resulting in a litigation initiation rate of only 6.6% post-review [3]. - A notable case involved the successful mediation of a dispute related to land acquisition, leading to the withdrawal of a lawsuit by the complainant [3]. Group 3: Root Cause Governance and Problem Solving - The department has developed an analysis system to identify and address issues related to administrative reviews and litigations, focusing on early detection and prevention of legal risks [5]. - Training sessions and updates to land acquisition procedures have been implemented to standardize practices and address corruption issues, with 29 problem cases referred to the disciplinary committee [5]. - A two-year action plan has been initiated to rectify 46 specific issues identified in administrative litigation cases [5]. Group 4: Foundation Strengthening and Legal Administration Enhancement - The department has streamlined administrative licensing processes, integrating 42 high-frequency items into an online service platform [7]. - A total of 760 legal documents have been reviewed this year to mitigate legal risks associated with administrative decisions [7]. - The department has launched a three-year action plan to enhance legal administration capabilities, introducing 18 measures to promote fair and efficient governance [7].