行政争议化解

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“庭审现场就是最好的法治课堂”
Ren Min Wang· 2025-09-16 01:21
院校共建:沉浸实训提升关键人群法治思维 "现在休庭!"在衢州市委党校课堂上,40余名中青班学员通过视频系统实时观摩衢州市中级人民法 院审理的某征地补偿案件。庭审结束后,法官结合案例深入浅出地拆解依法行政要点。 "听了整个庭审,让我深刻体会到每一个执法程序必须规范严谨,这直接决定着处罚结果程序和实 体的正义。"近日,在浙江省衢州市柯城区人民法院的一起不服行政处罚决定案的庭审现场,一名行政 机关的执法人员旁听后表示。 近年来,衢州市两级法院持续深化府院良性互动,开设行政审判"法庭课堂",邀请行政执法人 员"零距离"旁听行政案件庭审,不断提升"关键少数"的法治意识和法律思维,凝聚起行政争议预防和实 质性化解的强大合力,实现"审理一案、指导一片、规范一类"的效果,受到各方好评。 "我们在庭前研判案件症结、制定争议化解方案,在庭审中更要直面交锋,全程参与质证辩论。"衢 州市某行政执法部门负责人坦言,角色转变带来了心态变化,"坐在被告席上直面矛盾,比开十次会议 都管用"。在这一机制作用下,衢州市行政机关负责人出庭应诉率持续高位运行。 "庭审对各个环节进行了清晰展示。"参与观摩的党校学员感触颇深,"生动诠释了每个执法环节都 ...
广东:发布2024年度行政审判白皮书
Ren Min Wang· 2025-08-16 01:03
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]
去年全国新收行政复议案件近75万件,同比增长94.7%
Xin Jing Bao· 2025-07-02 02:17
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]
案件已二审!他暴力殴打证监局人员,抢夺执法记录仪!
券商中国· 2025-05-21 23:25
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]
法治经纬|湖南厅:在法治轨道上多元化解行政争议
Zhong Guo Zi Ran Zi Yuan Bao· 2025-05-09 02:26
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].