The original title: open the "action bar mingaoguan"
In the two session of the twelve National People's Congress first news conference, press spokesman Fu Ying said, "the years of administrative litigation plaintiff rate decreased significantly, there are administrative departments do not want to be accused of not willing to hear the case, the court".She also said, "the NPC Standing Committee will conduct a comprehensive revision of the administrative procedure law, as far as possible to eliminate the 'public officials' various obstacles".
In fact, "complain" that has long existed in the practice of administrative litigation, even in the administrative procedure law of our country after 20 years of implementation, it is still a problem in the judicial phenomenon "".Especially the grassroots courts, sometimes in order to safeguard the government's image, making a lot of the local regulations or internal policies, restrict the ability of local citizens or legal persons to exercise state law to administrative litigation right, so some administrative behavior without judicial supervision should be, illegal acts is not corrected in a timely manner, causing many unhappy people.
The past has aroused widespread concern in the examples, whenever possible, group events or the chain reaction caused by the administrative litigation, the relevant administrative organ or the local level of government, mostly have obvious or major "flaws".There is reason to believe that, in order to reduce the losing rate, the court will be some "mingaoguan" shut sb. behind the case, most of the existence of government departments that only "invisible hand" or interference, the administrative trial is difficult to make a citizen or legal person to sue satisfaction.
For this unusual phenomenon, vice president of Supreme Court of Yangtze River will be new in the national court administrative trial work of the forum pointed out: in some places and departments, using a variety of "local policy", raise the court accepts the administrative case "threshold", led to the party. No door petition, the intensification of social contradictions events.And the Supreme Court issued "on the protection of administrative litigation right of litigants opinions" also asked the court to pay attention to and strengthen the administrative court, effectively solve the administrative proceedings "complain" difficult problem.In particular, the court can not beyond the provisions of national laws and regulations, the administrative litigation obstacles.
However, in recent years the judicial situation, there is still a lot of local courts persist in one's old ways, does not accept the so-called "broad" "sensitive" and "a high degree of social concern" of the case, and the reasons are the lack of legal basis of the so-called "internal policy" "instructions", that the vast majority of lawyers are reluctant to take over the administrative litigation cases.Facing the court "not accept", individual citizens are unable to go on the road of "law".
The central government decided, in order to ensure the independence of court trial, must get rid of the administrative power of judicial interference, to conduct a comprehensive reform of the judicial system in the current.At the same time, through the modification of administrative procedure law, further open the "action bar mingaoguan", the contradictions and conflicts caused by the administrative law enforcement, resolved within the framework of the law, and earnestly safeguard the legitimate rights of citizens, to promote the government administration according to law.
People look forward to the administrative procedure law and the full implementation of scientific change, make our country "mingaoguan" cases, litigation and arbitration in the admissibility has truly enter the "rule of law" track.In the administrative litigation cases, the process of ruling, the court should adhere to objective, neutral concept and position, do not bias, not protect, adjudication, judicial justice center.