Investigation report on the trial of cases of administrative litigation

Arrange according to the main points of County People's Congress in 2012, the director of research to the often meeting, committee internal and judicial affairs of County People's court trial of cases of administrative litigation situation investigation. The research report is as follows.

One, the basic situation

"Administrative procedure law" since the1990Years10Month1Days since the implementation, county people's court in-depth study, to strengthen research, adhere to the Scientific Outlook on Development as a guide, grasp the "for overall service, justice for the people" the fundamental direction, focusing on "justice and efficiency" theme for the work, earnestly carry out the administrative case trial work and non litigation administrative execution cases to review the implementation of the work, promote the reform of the administrative trial mode, explore the new mechanism to resolve administrative dispute, supervise and support the administrative law enforcement, protection of citizens, legal persons and other organizations of the legitimate rights and interests, in the coordination of "official" relationship, promoting the administration according to law, building the rule of law in Lujiang, maintaining social stability and make a positive contribution. 20ManyYears, the number of County People's court accepts the administrative litigation cases, by a few initially rose to more than one hundred pieces annually in recent years. Resources, urban construction, public security and three cases are still the majority, mass cases increased, new types of cases have occurred, involving more than 20 administrative areas. Administrative organs after losing rate fluctuations showed a trend of decline, the case coordinated withdrawal rate is on the rise, related to the livelihood of the administrative license, the administrative registration of cases against the executive rate is relatively high. During the period of 2009-2011, the county people's Court of administrative litigation cases 246 cases, all. The "maintain, rejected, the court rejected the" accounted for 8.1%, "the decision to withdraw, confirming the illegality" accounted for 6.5%, accounted for 77.6% of the "withdrawal", "transfer" and other processing accounted for 8.1%. The plaintiff appeal 27 pieces, the appeal rate 10.9%, adjudged 1. Administrative litigation cases handled by the number and quality of the original trial in Chaohu city is located in the forefront.

1, highlight the justice for the people, strengthen the protection of the litigation right.With the rapid development of the economic society, administrative areas continue to expand, controversial issues of administrative appear constantly, to guide the rational legal expression of demand, to promote the "official" harmonious litigation, judicial organs to take three measures to actively respond to. One is in strict accordance with the law to accept the case, correctly handle the relationship between pre litigation coordination and filing review.It is difficult to decide whether or not to accept, "wide into severe out", to accept, to review;Two is to strengthen the case before the litigation guidance, right to be informed, risk warning, guide the plaintiff to prosecute,Strengthen the administrative relative person's right consciousness and the concept of the rule of law; three is to simplify filing, facilitate the parties to litigation. In compliance with the requirements for filing the case, do not meet within 7 days of the court rejected, and issue a legal document stating the reasons, openness, transparency.

2, based on the judicial justice, shall hear the verdict.A critical review of the legality of specific administrative act. For the specific administrative act is illegal, the revocation of the irrevocable, confirmed the confirmation of illegal illegal. In three years, 16 case was the decision to withdraw the specific administrative act or confirmation. The two is to correctly understand and grasp the withdrawal provisions. During the proceedings, the defendant to change the specific administrative act, the active compensation the plaintiff loss, the plaintiff agreed to the withdrawal of the suit, and ruled to permit, pursue the unity of legal effect and social effect. In three years, the change of the specific administrative act, the plaintiffs claim 183, accounting for 74.4% of the total number of litigation cases. Three is to insist on the open trial system. According to law in a public trial, open verdict, convenient for people to attend, accept social supervision, efforts to resolve administrative disputes, and promote administration according to the law, improve the level of law enforcement the sued administrative organs.

3, the implementation of the judicial reform, improve the trial efficiency.Discard the past focus on the review of the act is legal practices, implementation of a comprehensive review of "specific administrative acts being sued" is legal. After review, by the court or his court cases and times please court approval. The evidence exchange system, shorten the time trial, saving judicial resources, reduce the fatigue of the parties concerned. In the trial, according to the characteristics of administrative trial, we conclude the dispute focus, to an accurate characterization of the facts of the case, to improve the efficiency of. For major, complex or group litigation, the jury trial. Pay attention to improving the quality of administrative adjudication, strengthening the evidence analysis identified, to thorough reasoning, legitimacy and rationality of the release of the results of the proceedings.

4, to carry out coordination and reconciliation, maintain stability.In view of the special nature of administrative litigation cases, flexibility in the use of "to mediate, when the Adjudication" judicial methods, properly handle controversial cases, try to conclude the case, to promote reconciliation procedure. Defective cases against the specific administrative act, the administrative organ to change or revoke; no facts, no legal basis to appeal the case to the administrative relative person, patiently ideological work, to appeal to the people's livelihood; sharp contradiction, mass cases, investigation visit, mediate coordination, passivation contradiction. In three years, through the coordination of reconciliation, the plaintiff voluntarily withdraw 8 pieces, the defendant to change the specific administrative act after the withdrawal of 183, accounted for the total number of case closed77.6%, the high rate of withdrawal of coordination.

5, pay attention to publicity and guidance, strengthen the judicial service. The news media publicity of administrative trial case, invite NPC deputies, CPPCC members and ordinary citizens to attend the trial, further relevant administrative law enforcement unit about administrative litigation law knowledge, and actively participate in the county such as the land acquisition, demolition and other big hard work coordination meeting, recommended two senior judges served as the county people's government legal advisory group members, is responsible earnestly to provide legal consulting service for the administrative organs, participating in social management innovation. In view of the system of judicial suggestion letter, practice of judicial activism, extend the judicial functions, strengthen the benign interaction between the administrative judicial organs and administrative law enforcement organs, maintaining the "official" harmonious, boosting the construction of government by law.

Two, main problems

1,OfAdministrative litigation "the difficult" problems in a certain degree.With the speeding up of the economic and social development and the change of administrative management, the expanding area, administrative behavior, administrative dispute continuously enriched, changing characteristics, civil (legal) the growing demand, the administrative trial organs in the specific definition of the scope of accepting cases of is not clear, some "tricky" against a specific administrative act the case in the end by not accepting, sometimes not allowed to grasp, it is difficult to determine, for more stringent conditions, the relationship between prosecution right and the right to win a lawsuit should be handled.

2,Administrative proceedingsThe judicial service level is not wide, is inadequate.Organize and carry out the administrative litigation and non litigation specific administrative act enforcement and other aspects of the propaganda is not wide enough and often."For instance," reform "to change" the administrative judicial judicial philosophy, to help guide the administrative authority "to regulate the administrative behavior, raise the level of law enforcement" consciousness, needs to be further enhanced. To guide the work of the need to intensify our efforts focus on the judicial administrative organ to administrative litigation cases.

Negotiation mechanism between 3, administrative adjudication and administrative law enforcement is not perfect.As the "special public officials" cases, very much in need of "force is formed between the justice" and "administrative law enforcement", to resolve conflicts, coordination "official folk" relationship, but between the current communication, coordination meeting is still not institutionalized, normalized, compact, preventing and resolving administrative disputes, administrative dispute ability is not strong enough, the administrative trial organs still need further research and put forward countermeasures and suggestions.

4, administrative litigation and non litigation administrative compulsory execution environment is not optimal.All sectors of societyAdministrative proceedingsAwareness, importance has increased, but relatively low. Individual agencies into "the defendant", departmentalism serious, failure to appear, slack in responding, not according to the requirements of the timely implementation of effective judgment, resulting in the passive, damaged the image of the government. The relevant administrative heads rarely appear in court. The administrative judicial organ tracking surveillance is not in place. A few agencies suggest inadequate attention, poor implementation of the judicial settlement of administrative disputes, missed opportunity, catalyzed the escalation of conflicts.

Three, several suggestions

1, to further enhance understanding, strengthen the legal publicity and education. County People's court to administrative procedure law as "one of the important contents of the six five" legal publicity and education, as the current "three years of great changes, the new across Lujiang, one of the important contents of what can I do" big discussion activity, innovation education, expand education scope, increase the propaganda dynamics, improve education quality. Through extensive publicity, to raise awareness of the whole society to administrative work, strengthen the administrative concept of administration according to law, strengthen the citizen, legal person and other organization according to a rational expression of aspirations, safeguard their legitimate rights and interests of consciousness.

2, to clarify the scope of accepting cases, clear case condition, protect the right of action.Administrative division of County People's court and on the court should strengthen coordination, strict enforcement of the administrative procedure law and the relevantProvisions on the cases handled by the judicial interpretation, to limit the scope of accepting cases, illegal add accepts the pre condition, correctly handle the relationship between the prosecution and the right of winning the lawsuit, correctly handle the relationship between pre litigation coordination and case review, further simplified filing, strengthen the convenience measures, facilitate the parties to litigation.

3, establish and improve the negotiation mechanism between administrative adjudication and administrative law enforcement.One should take the initiative to strengthen the case filing, review report. For the problems found in the review process, the timely initiative to contact, and the administrative organ to exchange views, strive for consensus, form resultant force to solve administrative litigation, resolving administrative disputes, to achieve the unity of legal effect and social effect. Two to further enhance the political sensitivity and the concept of the overall situation, to think is a major, important, difficult, the group administration litigation, should promptly report to their superiors, request coordination. Three to establish judicial suggestion feedback mechanism. Timely research for judicial suggestions should be administrative organs, regulate law enforcement behavior, check erroneous ideas at the outset, and timely feedback to the judicial organ.

4, to further improve the quality of the administrative trial work, the balance between justice and efficiency.A toStrengthen leadership and guidance, and actively carry out under the new situation of the administrative trial work of research activities, sum up experience, explore the new way, measures of innovation to solve specific administrative act disputes. Two must strengthen the team of judges management, focusing on the construction of learning type chamber, to promote the reform of the administrative trial mode, improveThe quality and efficiency of handling cases. Three to strictly enforce the time limit provisions, intensify efforts to implement the effective judgment, improve the implementation rate and timely arrival rate.

5, strengthen the judicial service guidance, combine strict supervision to support.County People's courtActively expand the extension of administrative trial functions, often go to the administrative organ to teach legal knowledge, and enhance the understanding and support of administrative trial work. The administrative organs at all levels (executive body) in order to implement administrative license, administrative punishment, compulsory, administrative litigation and other laws and regulations, enhance the legal awareness, improve law enforcement activities, improve the quality of law enforcement, reduce law enforcement disputes,To maintain the dignity of the law.To establish and improve the responsibility system for administrative law enforcement, consciously perform the litigation obligations, conscientiously perform their verdicts, accept judicial supervision and guidance, establish a good image of the administration according to law, law enforcement for the people. To the administrative relative person for the administrative organ to perform its statutory responsibility, by the county people's Government commissioned to perform his duties, the major complex, involving people's livelihood groups of, have a significant impact on the law enforcement activities of this administrative organ such as administrative litigation cases,MentionAnd the chief executives appear in court, or in court hearing. (2012.5.18)