Inner Mongolia: Promoting Comprehensive Quality and Efficiency Improvement of Administrative Trial Work
2024-08-26
Administrative trials are supported by both the people and the officials. In recent years, the third level courts in Inner Mongolia Autonomous Region have closely focused on the theme of "fairness and efficiency", based on regional realities, taking substantive resolution of administrative disputes as the main line, consolidating governance forces through the linkage between the government and the court, and vigorously grasping key tasks such as law enforcement and judicial reform, promoting the comprehensive improvement and efficiency of administrative trial work in Inner Mongolia courts in the new era. Ms. Li, as a plaintiff, has applied to the People's Court of Huimin District, Hohhot City for administrative litigation to revoke the property ownership certificate of the real estate registration center and civil litigation to confirm the invalidity of her husband's inheritance will of the house before his death, empowering the substantive resolution of administrative disputes through innovative mechanisms. In the past, administrative cases and civil disputes needed to be tried separately, which not only had a long cycle but also involved issues such as the connection between the two procedures, which was not conducive to resolving disputes in a timely manner. After carefully studying the case, the presiding judge Liu Zhenzhong believes that Ms. Li's case conforms to the system of combining administrative litigation and related civil disputes for trial, which can greatly improve the efficiency of the trial. So the judge immediately contacted the parties and provided them with a prompt on whether to proceed with a joint trial in accordance with the law, and made a legal explanation. After obtaining the consent of Ms. Li and her representative, the Huimin District Court officially merged the administrative case and civil dispute for trial. The case was quickly concluded in a short period of time, and all parties were very satisfied with the handling results. it happens that there is a similar case. In the case of Song's lawsuit against a certain city's transportation bureau and a certain city's government for compensation for expropriation, which was concluded by the Administrative Trial Division of the Hulunbuir Intermediate People's Court, the presiding judge found that the case also involved a land transfer dispute between the plaintiff Song and third parties Wang and Li. After clarifying the plaintiff Song, the court issued a "Notice of Civil Dispute Adjudication in Administrative Litigation" and served it on the plaintiff Song. The plaintiff Song applied for joint trial of the civil dispute and submitted a civil complaint. The collegiate bench has issued a decision allowing the civil dispute to be heard together in this case. After deciding to hear the land transfer contract dispute together, the collegiate bench conducted a trial in accordance with the relevant provisions of the Administrative Litigation Law of the People's Republic of China and the Guiding Opinions on the Trial of Relevant Civil Disputes in Administrative Litigation of the Inner Mongolia Autonomous Region Higher People's Court. Based on civil relations, the legality of the land expropriation compensation act was reviewed, and the civil and administrative disputes were judged together in the administrative judgment, effectively avoiding the problems of procedural waiting and procedural idling. The system promotes development. The Guiding Opinions on the Simultaneous Trial of Civil Disputes in Administrative Litigation (Trial) issued by the Inner Mongolia High Court has activated the system of simultaneous trial. In response to the prominent cross disciplinary problems of registration and expropriation, a series of specific measures have been taken to effectively solve many problems such as procedural idling, circular litigation, and difficulties in enforcing conflicting judgments in civil administrative cross disciplinary cases, optimize the case ratio, and achieve substantive resolution of disputes. At the same time, Inner Mongolia High Court has steadily promoted the system of administrative officials appearing in court to respond to lawsuits, deepening the effectiveness of appearing in court to respond to lawsuits. Since 2020, we have consistently reported the attendance of responsible persons in court to the Inner Mongolia Autonomous Region Government through monthly reports, with an average attendance rate consistently around 99%. At present, the rate of appearing in court and responding to lawsuits has been included in the assessment indicators for the construction of a rule of law government, and the failure rate and substantive resolution rate of administrative organs have been included in the assessment indicators for county (city, district) committee secretaries. Based on responsibilities, assisting in the construction of a rule of law government and supervising is support, and support is supervision. The Inner Mongolia High Court, through the supervision and coordination platform of the Inner Mongolia Autonomous Region Party Committee, has promoted the integration of various supervisory forces and substantive resolution of disputes in response to issues such as inaction, slow action, disorderly action, and lack of integrity in government affairs that have damaged the business environment discovered during the trial process. At present, the Inner Mongolia High Court is in talks with relevant departments to establish a mechanism for judicial trials and the transfer of clues from disciplinary inspection and supervision commissions. For any illegal or obviously improper behavior found during the trial, relevant clues shall be promptly transferred to the local discipline inspection and supervision commission for preliminary review and disposal in accordance with laws and regulations. Inner Mongolia courts continue to strengthen the feedback mechanism for judicial suggestions, effectively promoting administrative agencies to administer in accordance with the law. From January to May this year, the administrative trial departments of the courts in the entire autonomous region sent 120 judicial suggestions, of which 98 have been adopted. Among them, 44 have helped administrative agencies regulate law enforcement behavior, 23 have resolved individual disputes through judicial suggestions, and 1 has resolved disputes in similar cases, accounting for 69.4% of the total number of adopted suggestions. At the same time, in order to promote timely self correction and lawful implementation of effective judgments by administrative agencies, the court will send a "Notice of Loss Risk" to the sued administrative agency before the judgment and a "Notice of Implementation of Administrative Judgment" after the judgment, and require feedback within a specified time limit. For administrative agencies that refuse to correct themselves and fail to comply with court judgments, as well as those who fail to fulfill effective judgments in a timely manner, a special report shall be prepared and sent to the local party committee and the district office in accordance with the law. Extended services, actively integrating into social governance. Zheng is an employee of a property company in Songshan District, Chifeng City. During the process of repairing a pipeline at home, he injured his knee and was diagnosed by the hospital with a posterior angle injury of the medial meniscus of the knee. Zheng applied to the Human Resources and Social Security Bureau for work-related injury recognition, and the bureau issued a decision to recognize the injury suffered by Zheng as a work-related injury. The property management company is dissatisfied and has filed an administrative lawsuit with the Songshan District People's Court, requesting the revocation of the decision. In the process of sorting out the case, the presiding judge found that although the dispute was caused by the work-related injury determination certificate issued by the human social department, the substantive contradiction of the case was concentrated between the property management company of the employer and the employee Zheng. Specifically, the property management company did not pay work-related injury insurance to Zheng. Zheng negotiated compensation with the property management company after being injured, but due to the lack of agreement on the amount of compensation, Zheng applied for work-related injury recognition and sought legal recourse to protect his rights. Therefore, the substantive dispute in the case lies in the issue of compensation amount. In order to substantially resolve the conflicts between the parties, the presiding judge, after obtaining the consent of both parties, decided to introduce the case into the mediation procedure. Zheng, as the third party in the case, participated in the mediation and invited representatives of the National People's Congress, members of the Chinese People's Political Consultative Conference, and professional mediators to jointly participate in the dispute resolution. During the mediation process, the presiding judge patiently and meticulously explained the legal relationship to both parties, clarifying their responsibilities; Mediators, representatives of the National People's Congress, and members of the Chinese People's Political Consultative Conference explained the handling rules of similar cases to the parties involved through real-life cases, and emphasized to the property management company the need to treat employees well and handle relationships with them patiently and sincerely. After more than a month of repeated coordination work, the property management company and Zheng finally reached an agreement on the amount of compensation for work-related injury insurance benefits. Both parties signed a settlement agreement, and the property management company withdrew the lawsuit on the spot and paid compensation to Zheng. Handling cases is governance. The Inner Mongolia court actively integrates into the overall pattern of social governance work, "eliminating diseases that have not yet arisen and treating diseases that have not yet been cured", promoting the prevention and reduction of administrative disputes from the source, and steadily advancing substantive work measures one by one. Establish a "representative committee+court" administrative dispute coordination and resolution mechanism, invite NPC deputies and CPPCC members to participate in mediation, and improve the resolution rate of conflicts and disputes; Promote a new model of resolving conflicts and disputes through the combination of chief legal consulting experts and courts. For difficult, complex, and highly specialized cases, fully listen to the analysis and judgment opinions of chief legal consulting experts; For cases where administrative disputes have existed for a long time and meet the conditions for mediation, invite the chief legal consulting expert to participate in the mediation work, and transform the intellectual achievements of legal talents into practical results of coordinating and resolving conflicts and disputes in a diversified manner. On this basis, a judge workstation will be established to advance judicial services and explore the establishment of a service pattern that integrates reception of the masses, dispute resolution, legal consultation, and social services. As of now, a total of 1163 judge workstations have been established in the courts of the entire autonomous region. Establish an administrative dispute mediation platform, refine the mediation scope, mediation process, and mediation methods, strengthen the "three mediation linkage" of people's mediation, administrative mediation, and judicial mediation, explore "non litigation mediation+judicial confirmation", and improve the third-party consultation of administrative disputes and the identification of pre litigation mediation. Establish a sound system for daily communication and joint meetings between administrative trials and administrative reconsideration. Currently, administrative reconsideration acceptance windows have been set up in the filing halls of various intermediate courts and some grassroots courts in the jurisdiction, playing the main channel role in resolving administrative disputes through administrative reconsideration. This year is the 'National Year of Improving the Quality and Efficiency of Administrative Adjudication', and all autonomous region courts will continue to promote the modernization of administrative adjudication concepts, fully play the important role of administrative adjudication work in comprehensively governing the region according to law and assisting the construction of a rule of law government, conscientiously carry out the systematic project of preventing and substantially resolving administrative disputes, and strive to achieve political and human harmony in case settlement The relevant person in charge of Inner Mongolia High Court said. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：rmfyb.chinacourt.org
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
