The role of administrative reconsideration as the main channel for resolving administrative disputes has become apparent. Administrative reconsideration has great potential and should also make great progress
2024-06-21
The construction of the rule of law should not only focus on the end and treat existing diseases, but also on the front and prevent diseases. It has become necessary to effectively divert and resolve conflicts and disputes, safeguard the legitimate rights and interests of the people, and build a higher level of rule of law in China, by putting non litigation dispute resolution mechanisms at the forefront before litigation. With the newly revised Administrative Reconsideration Law coming into effect on January 1st this year, administrative reconsideration is given more expectations. At the 4th Symposium on the Diversified Dispute Resolution and Rule of Law System and the Practical Exploration and Theoretical Guarantee Seminar on the Connection and Linkage of Diversified Dispute Resolution Mechanisms, hosted by the Rule of Law and Government Research Institute of China University of Political Science and Law, Hu Weilie, a member of the Party Group and Deputy Minister of the Ministry of Justice, pointed out that administrative reconsideration is an important component of the rule of law and diversified dispute resolution system. The positioning of the main channel for administrative reconsideration to resolve administrative disputes has given administrative reconsideration a more important responsibility and mission in the new era. "The role of administrative reconsideration as the main channel for resolving administrative disputes has begun to emerge, and it has multiple advantages in substantive resolution and promoting the governance of litigation sources. It has great potential and should also make great progress in the legal and diversified dispute resolution system." Hu Weilie emphasized. With the rapid development of the economy and society, the scale of social conflicts and disputes is increasing. Taking the data released by the Supreme People's Court as an example, it received 21081 cases and closed 17855 cases in 2023, an increase of 54.6% and 29.5% year-on-year, respectively. Courts at all levels across the country received 45.574 million cases and closed 45.268 million cases, an increase of 15.6% and 13.4% year-on-year, respectively. This is a huge number and a significant litigation burden for the court; For ordinary people, at least the number of disputes and conflicts entering the court is significantly increasing Professor Ma Huaide, President of China University of Political Science and Law and Vice President of China Law Society, said. In Ma Huaide's view, to solve the problem of the continuous growth of litigation cases, there are mainly two aspects: first, to prevent the occurrence of social conflicts and disputes from the source; The second is to establish a diversified dispute prevention, resolution, and mediation mechanism. "In terms of the positioning and connection of diversified dispute resolution mechanisms, we should adhere to the principle of prioritizing mediation, giving priority to reconsideration, finalizing litigation, procuratorial supervision, handling letters and visits, and the rule of law." The so-called "reconsideration first" refers to the revised Administrative Reconsideration Law, which clearly states that administrative reconsideration should play a main role in resolving administrative disputes. ". "Administrative disputes should be reviewed first and then litigated as much as possible. If they can be resolved during the review stage, they should not enter the next stage." Ma Huaide said that some of the disputed matters in petitions and administrative litigation should be diverted to administrative review. The reason why administrative reconsideration is so valued is inseparable from the systematic institutional innovation based on the positioning of the main channel in the newly revised Administrative Reconsideration Law. According to Xu Anbiao, a member of the Constitution and Law Committee of the National People's Congress and Vice President of the China Law Society, this revision expands the scope of administrative reconsideration cases, improves the pre administrative provisions for administrative reconsideration, and expands the entry point for administrative reconsideration to absorb and resolve administrative disputes. In the past, the entry point for absorbing administrative disputes was narrow, but this time it has been enlarged. In addition, it has enriched and enriched the convenience measures for administrative reconsideration, improved the administrative reconsideration review process, enhanced the authority of administrative reconsideration, and strengthened the use of mediation in administrative reconsideration. The implementation of effective reconsideration demonstrates that since last year, the Ministry of Justice has focused on better playing the role of administrative reconsideration in the diversified dispute resolution mechanism, with the overall goal of building the main channel, and promoting the implementation of the Administrative Reconsideration Law. Data shows that in 2023, the number of new administrative reconsideration cases received nationwide reached 385000, with 352000 cases concluded, a year-on-year increase of 42.7%. 34000 cases of illegal and improper behavior were corrected through revocation, change, confirmation of illegality, and order for performance. We have issued 3212 review opinions and recommendations on common issues, promoting strict, standardized, fair, and civilized law enforcement. It is worth noting that after administrative reconsideration, there were 270000 cases that did not enter the litigation process, with a completion rate of 76.8%, a year-on-year increase of 10%. It is obvious that administrative reconsideration has played an important role in ensuring high-quality development, promoting strict, standardized, fair, and civilized justice, serving people's livelihoods, and maintaining overall social stability. This means that administrative reconsideration has great potential and should also make great progress. Administrative reconsideration is receiving more attention. Recently, the General Office of the Communist Party of China Central Committee and the General Office of the State Council issued the "Opinions on Promoting the Rule of Law in Petition Handling", which put forward clear requirements for further exerting the role of reconsideration. On May 24th, the State Council executive meeting was held to hear a report on the work of administrative reconsideration. The meeting pointed out that strengthening the connection between administrative reconsideration and people's mediation, administrative litigation, letters and visits, and exploring the establishment of a mechanism to introduce eligible administrative disputes from administrative litigation, letters and visits into administrative reconsideration channels for resolution. Hu Weilie stated that the next step will be to further improve the quality and efficiency of administrative reconsideration work, strengthen the connection and linkage between administrative reconsideration and other dispute resolution mechanisms: to comprehensively revitalize the institutional efficiency of the main channels of the new reconsideration law through vivid reconsideration practices, and to quickly revise and improve supporting norms such as the implementation regulations of administrative reconsideration, and to implement them well in practice. The concept of prioritizing mediation should be integrated throughout the entire process of administrative reconsideration, allowing the excellent traditional Chinese legal culture and Eastern wisdom to provide more practical possibilities for substantive resolution of administrative disputes within the framework of the rule of law in the new era. Recently, the Ministry of Justice issued the Guiding Opinions on Further Strengthening Administrative Reconsideration Mediation Work and Promoting Substantive Resolution of Administrative Disputes, as well as three normative documents on listening to opinions and hearings in administrative reconsideration, requiring the concept of prioritizing mediation to be integrated throughout the entire process of administrative reconsideration. We need to strengthen public legal services such as arbitration, notarization, legal aid, and legal education, as well as institutional mechanisms such as petitions and petitions. We need to collaborate and coordinate with relevant departments such as administrative law enforcement, people's courts, and people's procuratorates, in order to consolidate the joint efforts to resolve disputes. We must implement the Opinions of the General Office of the Communist Party of China Central Committee and the General Office of the State Council on Strengthening the Construction of the Administrative Law Enforcement Coordination and Supervision System, fully leverage the self correction supervision functions of the administrative system such as administrative law enforcement coordination and supervision and administrative reconsideration, strengthen coordination with legal supervision, supervision, trial, prosecution and other supervisory functions, research and build a scientific and efficient administrative law enforcement supervision system, promote strict, standardized, fair and civilized law enforcement, and reduce administrative disputes from the source. "If administrative reconsideration is done with high quality, it is possible to alleviate the pressure of administrative litigation to a large extent, and this is also a contribution to the diversified dispute resolution mechanism," said Feng Lixia, Director of the Political and Legal Education and Research Department of the Central Party School (National School of Administration). Professor Jie Zhiyong, Dean of the Institute of Comparative Law at China University of Political Science and Law and Editor in Chief of Comparative Law Research, suggests further enhancing the credibility of administrative reconsideration, making good use of the pre correction procedures stipulated in the revised Administrative Reconsideration Law, exploring the establishment of a specific field of administrative arbitration system and connecting it with administrative reconsideration, and improving the evaluation and assessment mechanism of administrative reconsideration results. The issue of how to organically link administrative reconsideration with administrative mediation, administrative rulings, administrative litigation, etc. also received attention at this meeting. Zhou Yuansheng, Director of the Administrative Reconsideration and Response Bureau of the Ministry of Justice, believes that we need to understand the connection and linkage issues of diverse dispute resolution mechanisms from a higher perspective: in terms of direction, we must adhere to the leadership of the Party; In terms of goals, we must adhere to putting the people at the center; On the path, it is necessary to adhere to systematic thinking and concepts; In terms of methodology, it is necessary to adhere to the combination of theory and practice, and strengthen theoretical and practical research. Regarding administrative disputes, he proposed that administrative reconsideration should strengthen the organic connection with administrative litigation, strengthen the coordination and connection with petitions, and integrate and connect with people's mediation. Liang Fengyun, Deputy Chief Justice of the Administrative Trial Division of the Supreme People's Court, believes that the connection between administrative reconsideration and administrative litigation involves the working relationship between the Supreme People's Court and the Ministry of Justice. "We usually have a viewpoint that the scope of administrative reconsideration should be broader than that of administrative litigation. Therefore, some cases that are not accepted in administrative litigation should be reintroduced back into the reconsideration process through procedures." Cao Liu, Vice Dean and Professor of the Institute of Rule of Law and Government at China University of Political Science and Law, believes that to solve the problem of linkage, it is necessary to ensure that different dispute resolution mechanisms do not "fight" or "consume" each other. Through functional complementarity and interactive coupling, the effect of "1+1 gt; 2" should be achieved, effectively improving the overall effectiveness of the dispute resolution system. This is also a fundamental requirement for building a diversified dispute resolution legal system. Representatives from the ministries and local governments attending the meeting shared their practical situations, practices, and experiences. Li Wei, Deputy Director of the Office of the Administrative Reconsideration Committee of the Ministry of Natural Resources, introduced that last year the Ministry of Natural Resources accepted 785 administrative reconsideration cases and 800 litigation cases at its own level. Reconsideration needs to play a good role as the main channel, and administrative organs also need to properly handle the relationship with the people (including market entities). Chen Zhiyuan, member of the Party Committee of the Zhejiang Provincial Department of Justice and Secretary of the Party Committee of Zhejiang Police Vocational College, introduced that Zhejiang actively promotes the positive interaction between administrative reconsideration and administrative litigation, petitions, administrative agencies, and social governance centers. The main channel for resolving administrative disputes through administrative reconsideration is becoming increasingly apparent. Last year, the number of administrative reconsideration cases in all cities and counties in the province exceeded the number of first instance administrative litigation cases in the same period. Li Cheng, Director of the Judicial Bureau of Xicheng District, Beijing, shared some practices of Xicheng District: extending mediation tentacles, creating distinctive organizations, and striving to build a large-scale mediation work pattern; Adhere to active reconsideration, mediate with sincerity and emotion, and fully leverage the role of mediation as the main channel for resolving administrative reconsideration; Strengthen the connection and innovation mode, and achieve the linkage of reconsideration, litigation, and petition. Niu Li, Director of the Judicial Bureau of Dandong City, Liaoning Province, introduced various measures to resolve disputes in Dandong City, such as strengthening source prevention, linkage and joint debugging, and resolving difficult cases. On the one hand, it is necessary to strengthen the connection between reconsideration and relevant mechanisms, and on the other hand, attention should be paid to their respective boundaries. As Professor Wang Qingbin, Director of the Research Department of China University of Political Science and Law, said, the resolution of administrative disputes should clarify the scope and boundaries of law enforcement reconciliation, reconsideration mediation, and litigation mediation. (Lai Xin She)
Edit：Jia jia Responsible editor：Liling
Source：http://www.legaldaily.com.cn
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
Recommended Reading Change it 
Home
