Using the "Fengqiao Experience" as a Sample to Promote Substantive Resolution of Administrative Disputes

2023-04-19

Promoting the substantive resolution of administrative disputes is an important aspect of administrative procuratorial work in the new era. To effectively resolve administrative disputes, it is necessary to flexibly use various methods and methods, combining the "rigidity" of legal means with the "softness" of folk resolution methods, and creatively solve problems. The "Fengqiao Experience", as a characteristic experience in resolving conflicts and disputes and harmoniously governing society, is an innovative sample of grassroots social governance. The mass line is the essence of the "Fengqiao Experience", and preventing conflicts and risks from the source is an important connotation of the "Fengqiao Experience". Small matters do not leave the village, major events do not leave the town, and conflicts are not handed over. In dispute resolution, the "Fengqiao Experience" emphasizes the use of all parties' efforts and insists on putting resolution first. In the substantive resolution of administrative disputes, procuratorial organs can combine their own advantages in handling cases, actively learn from and practice the "Fengqiao Experience" and "Mass Method", and strive to achieve the case handling effect of "the case is resolved and people are reconciled". Specifically, we can start from the following aspects: firstly, based on the reasonable demands of administrative counterparts, we can effectively solve the worries, troubles, and worries of the people. The administrative lawsuit of "people suing officials" has always been a great challenge for ordinary people. When handling administrative dispute cases, procuratorial organs should be good at listening to the true demands of the administrative counterpart, deeply analyzing and judging whether their demands are reasonable and legal, striving to find ways to resolve disputes, effectively safeguarding the legitimate interests of the administrative counterpart, and allowing the people to truly feel the warmth of fairness, justice, and justice. Secondly, promote the establishment of a mechanism for multiple forces to participate in resolving conflicts and disputes. To effectively resolve administrative disputes, procuratorial organs should open up more channels for social participation, contact relevant groups and organizations as much as possible, and work together from multiple parties to effectively achieve the goal of dividing and stopping disputes. When handling difficult cases, we adhere to the linkage between procuratorial organs, courts, administrative units involved in litigation, and third-party departments. By pooling multiple forces and involving multiple subjects, we enable administrative counterparts to see and feel that their rights and interests have been given sufficient attention. At the same time, the joint participation of multiple parties to achieve complementary advantages can also faster and better solve the real demands and difficult problems of the relative parties. Thirdly, fully leverage the advantages of the procuratorial organs themselves. One is to fully utilize the power of investigation and verification. Compared to the court, the advantages of the procuratorial organs in promoting the resolution of administrative disputes in the process of legality review are not prominent, but the investigative and verification power of the procuratorial organs can make the handling of cases not only limited to written review. Fully exercising the investigation and verification power of procuratorial organs in handling supervisory cases, deeply understanding the causes of conflicts and disputes that are difficult to resolve, is conducive to clarifying the truth, balancing the relationship between law and circumstances under the premise of legality, and maximizing the consideration of the reasonable demands of supervisory applicants. The second is to leverage the advantages of integrated prosecution in handling cases and enhance the effectiveness of administrative prosecution supervision. In the process of promoting the substantive resolution of administrative disputes, if the administrative procuratorial department discovers that the administrative organs have not acted, abused or engaged in other illegal and criminal behaviors, it can comprehensively play the role of administrative illegal behavior supervision, public interest litigation prosecution, criminal prosecution supervision, and other functions to promote dispute resolution and problem resolution. Fourthly, make good use of the procuratorial hearing system to assist in resolving administrative disputes

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>