行政复议
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行政复议成为化解行政争议“主渠道”——新修订的行政复议法实施以来我省行政复议工作实现新跨越
Hai Nan Ri Bao· 2025-11-20 03:09
今年1月至10月,全省各级行政复议机构收到申请5179件,经过案前调解化解637件后,仍有4542件 行政争议进入复议程序,与人民法院同期新收的3072件一审行政诉讼案件相比超出近五成,优势显著。 "收案数持续超过同级法院一审行政诉讼收案数",这是一个历史性的转折点。但是,如何将进入渠 道的争议实质性化解才是衡量改革成败的关键。 一年多来,我省各级复议机构坚持"调解和解优先"原则,落实繁简分流、听取意见、组织听证等新 程序、新要求,将"应调尽调"贯穿于案件受理前、审理中、决定前的全过程,力争妥善化解涉及人民群 众切身利益的行政争议。 今年1月至10月,全省新收涉企行政复议案件592件,受理504件、审结402件、纠错35件,为企业依 法挽回经济损失7179.61万元,依法维护了企业合法权益,有效推动了法治化营商环境建设。 据统计,今年1月至10月,全省审结行政复议案件3019件,通过调解、和解方式化解争议1046件, 调解和解率达到34.65%,超额完成年度目标。经过行政复议后,全省案结事了率高达82.38%,且呈现 逐季度上升态势。这意味着,超八成的行政争议在复议环节就得到了彻底解决,极大节约了司法和行政 ...
莱山区开展“复议护企·法助营商”主题系列活动
Sou Hu Cai Jing· 2025-10-16 02:56
Core Points - The article discusses the implementation of the Administrative Review Law in China, focusing on enhancing the business environment and protecting the legal rights of market entities through a series of activities titled "Review Protection for Enterprises, Legal Assistance for Business" [1] Group 1: Administrative Review Activities - The Lai District Judicial Bureau, in collaboration with the Lai District Federation of Industry and Commerce, organized an "Administrative Review Open Day" to educate business representatives and lawyers about the administrative review process, which received positive feedback from participants [2] - A "Review Protection for Enterprises, Legal Assistance for Business" seminar was held, where representatives provided valuable suggestions for optimizing administrative relief channels [2] Group 2: One-Stop Administrative Review Services - The first administrative review service point for enterprises was established at Yantai Ailisi Pet Food Co., facilitating one-stop services for application guidance, review consultation, and mediation, thus helping businesses resolve administrative disputes efficiently [5] - Legal lectures and on-site consultations were conducted to address potential administrative dispute issues faced by enterprises, enhancing their understanding and trust in the administrative review system [5] Group 3: Mechanisms and Processes - A "green channel" for administrative review cases was opened, and a "one-time notification" mechanism was established to reduce the time and economic costs for enterprises seeking to protect their rights [9] - The mediation and resolution rate for administrative review cases reached 28%, with efforts to ensure comprehensive coverage of mediation for involved enterprises [9] - The administrative review process includes a simplified procedure for straightforward cases to expedite resolution times, while complex cases are discussed by a review committee to improve case handling quality [9] - Six special inspections have been conducted this year to ensure administrative agencies comply with review decisions, enhancing the enforcement of administrative oversight [9]
省人大常委会开展行政复议法执法检查
Liao Ning Ri Bao· 2025-10-14 00:58
Core Points - The enforcement inspection team emphasizes the importance of implementing the Administrative Review Law effectively in the province, focusing on key legal provisions to enhance the quality and efficiency of administrative review work [1][2] - The team conducted inspections in six cities, utilizing various methods to understand the implementation status and identify prominent issues, aiming to improve public trust and satisfaction in administrative reviews [1] Group 1 - The enforcement inspection team acknowledges the achievements in implementing the Administrative Review Law and provides targeted suggestions for identified issues and weaknesses [1] - The team stresses the need for a high-quality, professional administrative review workforce to meet the demands of legal implementation [2] - The team highlights the importance of collaboration and coordination among departments to strengthen the enforcement of the Administrative Review Law [2] Group 2 - The team calls for the establishment of a robust evaluation mechanism for administrative review work and encourages public supervision to address social concerns promptly [2] - The team advocates for legal education and awareness to foster a culture of lawfulness in society, providing a strong legal guarantee for revitalization and development [2]
2024年以来重庆办理涉企行政复议案6000多件 为企业挽损1.71亿元
Zhong Guo Xin Wen Wang· 2025-10-11 12:03
Core Points - In 2024, Chongqing has handled over 6,000 administrative review cases related to enterprises, achieving a resolution rate of 92.11% and recovering economic losses of 171 million yuan for businesses [1][2] - The Chongqing government has strengthened its capacity to resolve administrative disputes through administrative reviews, with over 12,000 new cases added in 2024 [1] - The city has streamlined the administrative review process by integrating responsibilities and establishing contact points in various public service locations, allowing citizens to apply for reviews conveniently [1][2] Group 1 - Chongqing's administrative review system has effectively resolved disputes, with a focus on ensuring fairness and justice for citizens [1][2] - The city has implemented an online application system, "Chongqing Mobile Review," enabling quick submission of administrative review requests [1] - The administrative review process has shifted from written hearings to open hearings, enhancing transparency and public trust [2] Group 2 - Chongqing has introduced measures to standardize administrative procedures, including the publication of guidelines and typical cases to address public concerns [2] - The government is closely monitoring administrative actions related to penalties, licenses, and expropriations, ensuring corrections are made when errors occur [2] - A total of 483 administrative review opinions and recommendations have been issued to address common issues in administrative enforcement [2]
家长“发朋友圈评论教体局长免职”被拘4天最新进展:警方撤销处罚,赔偿1902.08元;当事人:副局长向我道歉,内心五味杂陈
Mei Ri Jing Ji Xin Wen· 2025-09-20 11:49
Core Points - The Yuanjiang Public Security Bureau has revoked the administrative punishment against Gao Guanghua, indicating procedural violations in the handling of his case [1][3] - Gao received a compensation of 1902.08 yuan from the state and accepted an apology from a deputy director of the Yuanjiang Public Security Bureau [3] - Gao expressed mixed feelings about the revocation of the punishment, acknowledging the psychological pressure he faced during the ordeal [3] Summary by Sections Incident Background - Gao Guanghua posted a comment on his WeChat regarding the dismissal of the county's education and sports bureau director, which led to accusations of defamation [5][6] - The incident stemmed from Gao's criticism of a mandatory safety check-in policy for students' parents, which he deemed formalistic [6] Legal Proceedings - Gao was initially subjected to a four-day administrative detention for alleged defamation after the director reported him to the police [6] - Following the revocation of the punishment, Gao withdrew his administrative review application [3] Administrative Compensation - The administrative compensation decision acknowledged that while Gao's post contained untrue information, his proactive cooperation and timely deletion of the post warranted a reconsideration of the punishment [3][6]
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
Yang Shi Wang· 2025-09-17 02:30
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]
“成绩单”来了!法治中国建设取得突破性进展、历史性成就
Yang Shi Xin Wen· 2025-09-12 06:13
Group 1: Legal and Judicial Developments - The "14th Five-Year Plan" period has seen significant advancements in the construction of a rule-of-law China, with a focus on high-quality legislation to support high-quality development [5][6] - A total of 36 new laws were enacted, 63 laws were amended, and 35 decisions on major legal issues were made from 2021 to the present [5] - The number of effective laws in China currently stands at 306, with over 14,000 local regulations in place [4][5] Group 2: Judicial Efficiency and Case Management - During the "14th Five-Year Plan," national courts accepted a cumulative total of 189.74 million cases, with a significant increase in case quality and efficiency [8] - The first-instance conviction rate for criminal cases reached 98.03%, indicating a high level of judicial effectiveness [3][8] - The number of cases handled by the courts has increased by 41.5% compared to 2020, with 46.02 million cases filed in 2024 alone [3][8] Group 3: Environmental and Social Justice - The prosecution of ecological and environmental public interest litigation has seen 348,000 cases handled, with 90% being administrative public interest lawsuits [7] - The People's Mediation Committees have resolved over 79 million disputes with a success rate exceeding 95% during the "14th Five-Year Plan" [10] - The arbitration sector has processed 2.27 million cases, with a total value exceeding 4 trillion yuan, highlighting its role in economic dispute resolution [11] Group 4: Future Legal Framework and Reforms - A new round of planning for the construction of a rule-of-law China is underway, focusing on enhancing the judicial system and ensuring effective oversight [13] - Reforms will include the separation of trial and execution powers, as well as improvements to the judicial responsibility system [13] - The Supreme People's Court aims to address social issues such as online violence and false accusations through enhanced legal provisions [14]
上半年广东办理4.2万件行政复议案件 超八成行政争议在复议环节化解
Guang Zhou Ri Bao· 2025-08-27 08:20
Group 1 - The core viewpoint of the article highlights the effectiveness of Guangdong's administrative review system, with over 80% of administrative disputes resolved at the review stage [1] - In the first half of this year, Guangdong handled 42,000 administrative review cases, contributing to a total of 230,000 cases since the reform in 2021 [1] - The goal of the administrative review is to address issues at their source, with approximately 4,000 review opinions and suggestions issued, correcting 12,000 cases directly [1] Group 2 - The introduction of the "Bright Code Entry" initiative aims to standardize administrative inspections related to enterprises, enhancing the legal administration level and optimizing the business environment [2] - The initiative requires enforcement personnel to present a QR code generated by the "Yue Law Enforcement" system, ensuring traceability of the entire inspection process [2] - The system provides real-time alerts for enterprises that are frequently inspected, promoting a more harmonious relationship between government and businesses [2]
监督涉企执法突出问题,行政复议被寄予厚望
Xin Jing Bao· 2025-08-08 08:34
Group 1 - The Ministry of Justice, National Development and Reform Commission, and All-China Federation of Industry and Commerce have jointly issued guidelines to enhance the supervision of administrative law enforcement related to enterprises [1][3] - The guidelines emphasize five key areas of supervision, including issues related to administrative dishonesty towards enterprises, review of normative documents, and prominent problems with fines imposed on enterprises [1][4] Group 2 - Administrative reconsideration is highlighted as a self-supervision mechanism within the government system, aimed at regulating administrative law enforcement and resolving administrative disputes [2][3] - The revised Administrative Reconsideration Law has established administrative reconsideration as a primary channel for resolving administrative disputes, especially in the context of high litigation rates [2] Group 3 - The guidelines call for a strengthened review of normative documents that serve as the basis for administrative enforcement, focusing on those that may hinder fair competition or exceed legal authority [4] - A case example illustrates the withdrawal of improper fees collected by a local housing authority based on a normative document that conflicted with higher laws, showcasing the effectiveness of the administrative reconsideration process [5][6][7] Group 4 - The guidelines also stress the importance of monitoring government credit in administrative agreements, ensuring that government actions align with contractual obligations to foster a stable business environment [8] - A case involving a waste vehicle recycling company demonstrates the necessity for government entities to provide evidence when terminating agreements, reinforcing the principle of protecting trust in government commitments [9] Group 5 - The guidelines propose measures to address issues related to excessive fines imposed on enterprises, emphasizing the need for appropriate enforcement practices and the correction of disproportionate penalties [10] - Future actions will include enhanced collaboration among administrative reconsideration bodies, development reform commissions, and industry associations to promote effective regulation of administrative law enforcement [10]
浙江永嘉一学校反映校舍危房 住建局期限内未重新答复被责令履行
Yang Shi Wang· 2025-07-31 05:54
Core Viewpoint - The ongoing legal and administrative disputes regarding the safety of school buildings in Yongjia County, Zhejiang, highlight significant issues related to building safety standards and government accountability [1][3][4]. Group 1: Legal Disputes - Yongjia County's Bowun School has been involved in a prolonged legal battle with the Yongjia County Education Bureau over the safety of school buildings, claiming they do not meet safety standards [3]. - The Yongjia County Court and Wenzhou Intermediate Court have dismissed Bowun School's claims in two separate rulings, with the final judgment stating that the classification of the buildings as dangerous does not affect the case's outcome [3]. - Following the court's decisions, Bowun School filed a complaint with the Yongjia County Housing and Urban-Rural Development Bureau regarding the leasing of unsafe buildings for school use [3][4]. Group 2: Administrative Actions - The Yongjia County Housing and Urban-Rural Development Bureau issued a response stating that the lease agreement between the Education Bureau and Bowun School occurred before the safety assessment, suggesting judicial resolution [3][4]. - Bowun School contested the Bureau's response, leading to an administrative review that was initially suspended but later resumed by the Yongjia County Government [4]. - On May 13, 2025, the Yongjia County Government issued a decision to revoke the Bureau's previous response and mandated a new handling of the case within a specified timeframe [4][5]. - As of July 22, 2025, the Yongjia County Government formally ordered the Bureau to comply with the administrative review decision within two months and report back in writing [5].