行政复议

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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
每经编辑|何小桃 据红星新闻报道,9月20日,记者从"朋友圈诽谤局长被行拘"事件当事人高光华及其代理律师张具堆处获悉,元江县公安局已作出撤销行政处罚决定书, 撤销此前对高光华的行政处罚。 元江县公安局今日作出的元公撤行处决字(2025)1号撤销行政处罚决定书显示,该局澧江派出所办理的高光华涉嫌诽谤他人案,经调查存在程序违法, 处罚不当,该局决定撤销相关行政处罚决定。 高光华告诉记者,因针对他的行政处罚决定书撤销,他亦撤回行政复议申请。银行信息显示,同日,高光华还收到了1902.08元的国家赔偿。高光华称, 相关人士当面向自己道歉,他已接受道歉。 另据智通财经报道,高光华称,"元江县公安局一副局长当面向我道歉了,并称会调查办案的相关人员。"谈及行政处罚被撤销一事,他坦言,自己内心五 味杂陈,当时朋友圈所发内容措辞过于绝对。 他透露,这段时间以来,自己背负着沉重的心理压力,工作与个人生活均受到了不小的冲击,"警方既然撤销了处罚,说明我的行为并不构成违法,已建 议他们以后办理此类案件要慎重。" 行政赔偿决定书称,元江县公安局经审理查明:高光华在其微信朋友圈发布不属实信息,并对他人造成影响的违法行为属实,但其主动到案 ...
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].
苏州市发布2024年度行政复议、行政审判白皮书
Su Zhou Ri Bao· 2025-07-24 00:39
Group 1 - The core viewpoint of the news is the significant increase in administrative review and litigation cases in Suzhou, highlighting the effectiveness of administrative review as a primary channel for resolving disputes [1][2] - In 2024, Suzhou's administrative review agencies received 5,054 new applications, a year-on-year increase of 70.05%, and resolved 4,382 cases, with over 90% of disputes not entering litigation after review [1] - The administrative review substantive resolution rate reached 39.7% in 2024, indicating a notable effectiveness in resolving disputes [1] Group 2 - The administrative litigation coordination resolution rate in Suzhou has increased for five consecutive years, while the administrative agency's loss rate has decreased over the same period [2] - In 2024, the city courts received 1,865 new administrative litigation cases, marking a year-on-year increase of 24.6%, and concluded 1,667 cases, up 10% from the previous year [2] - The administrative agency's loss rate was 4.2%, lower than the provincial average, reflecting an improvement in lawful administrative capabilities [2]
司法行政领域代表与中外记者见面交流 践行宗旨建设法治中国
Jing Ji Ri Bao· 2025-07-09 08:00
Group 1 - The application of digital technologies such as big data, artificial intelligence, and cloud computing in arbitration has significantly improved efficiency, reducing the average case processing time by approximately 30% [1] - The number of administrative reconsideration cases in China has surged, with 749,600 new cases recorded in 2024, nearly doubling from previous years [2] - Local governments are enhancing access to administrative reconsideration by establishing reception rooms and contact points, thereby improving the process for citizens [2] Group 2 - Legal aid initiatives have seen significant engagement, with lawyers providing over 500 legal aid cases and 4,000 legal consultations in remote areas [3] - Community legal education efforts are being emphasized, with local leaders conducting over 1,000 legal awareness sessions to help residents understand their rights [2][3] - The grassroots approach to legal services is highlighted, with local officials using relatable language and stories to make legal concepts accessible to the public [3]
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]
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]