The inclusion of administrative agreement disputes in the scope of administrative reconsideration is a major highlight of the revision of the Administrative Reconsideration Law. Recently, the Guangzhou Municipal Reconsideration Office successfully mediated the first administrative agreement reconsideration case after the implementation of the new Administrative Reconsideration Law, achieving efficient and substantial resolution of the administrative agreement dispute. On January 1st of this year, the new Administrative Reconsideration Law was officially implemented. In order to play the main role of administrative reconsideration in resolving administrative disputes and enhance the ability of administrative reconsideration to absorb and substantially resolve administrative disputes, the new Administrative Reconsideration Law innovatively includes administrative agreement disputes in the scope of administrative reconsideration and makes clear provisions for reconsideration mediation. The reporter learned that this case is an administrative agreement dispute in the field of medical insurance. The Guangzhou Medical Insurance Designated Medical Institution Medical Service Agreement (hereinafter referred to as the Medical Insurance Service Agreement) signed between the respondent and Hospital A stipulates the rights, obligations, and breach of contract responsibilities of both parties. During the performance period of the agreement, the respondent found through investigation that A Hospital had breached the admission standard. Therefore, in accordance with the provisions of the agreement, the respondent issued a notice on the handling of the breach of contract issue of A Hospital, and decided to suspend the medical insurance agreement (hospitalization) of A Hospital for three months, and deduct the corresponding breach of contract fees from the medical expenses declared and settled by the hospital. A Hospital is dissatisfied with the notice and has filed an administrative reconsideration with the Guangzhou Municipal Government. In this case, the Medical Insurance Service Agreement signed between the respondent and Hospital A meets the main requirements, purpose requirements, content requirements, and intention expression requirements of the administrative agreement, which belongs to the administrative agreement. The disputes arising from the handling opinions made by the respondent in accordance with the agreement fall within the scope of administrative reconsideration. After the review authority accepts the case, it is decided to use ordinary procedures for the trial. During the trial process, the reconsideration authority listened to the opinions of both parties multiple times and actively promoted mediation and negotiation work, ultimately leading to a settlement outside the case. The applicant withdrew the administrative reconsideration application, and the relevant administrative disputes were substantially resolved. As the first administrative agreement review case tried by the Guangzhou Municipal Reconsideration Office after the implementation of the new Administrative Reconsideration Law, the handling of this case demonstrates the functional role of administrative reconsideration in effectively safeguarding public interests and supervising administrative organs to fulfill their promises. The reconsideration organs have also fully utilized the advantages of efficiency and convenience, enabling timely and effective resolution of administrative agreement disputes. It is reported that in the first quarter of this year, the two levels of administrative review agencies in Guangzhou received a total of 3389 administrative review applications, a year-on-year increase of 89%. Administrative review has increasingly become the preferred way for the public to resolve administrative disputes. (Lai Xin She)
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