The administrative litigation law overhaul: let "mingaoguan" is no longer difficult

Source: "China people" magazine

　　2013 year, the administrative procedural law draft amendment submitted to the twelve session of the Sixth National People's Congress first consideration. This is called "mingaoguan" law of administrative procedure law in the implementation of 23 years after the first overhaul. The public are excited, not only for the high degree of identity, but also full of expectation. In the face of the current implementation of the spirit of the Third Plenary Session of the eighteen opportunity, expected by revising the law, let "mingaoguan" channel can be more smooth, change the "letters and not the letter of the law" status, towards the rule of law Chinese target move again.

After 23 years after the first draw

The Standing Committee of the NPC

As one of the three major litigation system in our country, the protection of the administrative litigation system relates to the government exercise of public power and the citizen, legal person, other organization's legitimate rights and interests. 1989 year in April 4th, the seventh session of the National People's Congress passed the second meeting of the administrative procedure law. The new Chinese first "people can tell an official" law was born. In 1990 October 1 day of promulgation. Law enforcement 23 years, played an important role in promoting administration according to law, the settlement of administrative disputes. However, in recent years It is often seen. "mingaoguan" difficult, serious damage to the social justice, also made a lot of social problems.

NPC Standing Committee members generally agreed that in the review, it is necessary to amend the administrative procedure law, we should focus on solving the administrative case "on file" "hear it" "difficult to execute" and other outstanding issues, governance according to law administrative omission, chaos as a phenomenon, the protection of citizens, legal persons and other organizations of the legitimate rights and interests.

Law Committee of the NPC Standing Committee Deputy Director Xin Chunying: in recent years, many NPC deputies and the parties concerned have been proposed to amend the administrative procedure law opinions and suggestions. The Standing Committee of the NPC Law Committee started the modification of administrative procedure law research in 2009. 2013 in November two held in 17 Province, autonomous region, municipality directly under the central government's legal institutions and legal affairs departments of the government, people's court and the people's Procuratorate to participate in the forum. The foundation and basic consensus in the full demonstration, formed the administrative litigation law amendment draft.

The NPC Financial and Economic Committee Ouyang Changqiong: as a "public officials" law, administrative procedure law high attention from all walks of life. Browse recent media, this revision has aroused heated debate nationwide, can see the people on the amendment of administrative litigation law full of expectation from.

Xinhua News Agency: this support "mingaoguan" law, is of great significance for promoting the rule of law. Therefore, the change in the law to exclude China "many legal obstacles and difficulties of public officials", security officer civil dispute settlement legal channels of smooth will play an important role in.

Repair method of solution focused

Placed on file, the trial difficult, difficult to implement

Expand the scope of accepting cases of administrative litigation, coca head prosecution, the administrative organs shall not hinder the intervention, court case...... With the administrative litigation law amendment draft to the NPC Standing Committee, the draft legislation highlights the frequently appear in newspapers. People on how to crack the case law, the trial difficult, difficult to implement, interested.

In 2013 September, a Henan hotel staff to the court administrative proceedings, administrative legal means to the local industry and commerce to hope by sector. And the court has to "the leader said not filing the case" as an excuse to let them eat cold-shoulder treatment.

At present, the administrative litigation is facing "Trilemma", the most prominent is the court to. Citizens, legal persons or other organizations and government organs and their staff have a dispute, administrative organs than when the defendant, the court refused to accept, leading many shall resolve through litigation disputes into the channel, in some places the formation of the "letters and not the letter of the law" of the situation.

This draft, improve the protection of the right of litigants from many aspects: specify the administrative organs shall not hinder the intervention, the people's Court of administrative cases, the administrative organ shall respond; expand the scope of accepting cases, the administrative organs infringe upon the right to the contracted management of rural land, the administrative organ of illegal fund-raising, expropriation of property, apportion expenses, administrative organs not in accordance with the law to pay the minimum living allowance or social insurance benefits into the scope of accepting cases; clear can indict verbally, convenience in the exercise of the right; strengthen the acceptance procedure constraints, regulations of the people's court shall be registered on the spot in a prosecution, written certificate issued and the date of the.

"People's Daily": the National People's Congress to amend the administrative procedure law, whether the scope of accepting cases or correction of jurisdiction, orThe provisions of government's "red head file" incidental review, further strengthening of the public power constraints.By law, so that the government acts more credibility, the functions of the government more efficient.

Xinhua News Agency: law embody the justice of the procedure, first to settle a lawsuit "door too". This modification expanded the scope of the court, the judicial justice, principle and purpose of administrative supervision, the return of legal standard, one is the changes .

　　Different jurisdiction reduce administrative intervention trial

　　No enforcement of court judgments can be detained officials

In June 3, 2013, Shandong Zaozhuang City District People's court together 23The common appeal to a people's government does not fulfill the information disclosure legal duties of the administrative proceedings. It is under the jurisdiction of administrative litigation cases to carry out the pilot work of Shandong province since the first trial, in the administrative litigation.

The provisions of the administrative litigation law, the basic people's court as the court of first instance administrative cases. In order to solve the difficult "issues concerning the trial of administrative cases", reduce local government intervention in the administrative trial, based on summarizing the current practice, the draft the jurisdiction system, provides centralized jurisdiction and hierarchical jurisdiction.

To the ordinary people, officials hard, win the lawsuit, perform more. The execution of the judgment of the court of the administrative organs do not more prominent problems. Aiming at the problem of "difficult to execute" of the draft, to further clarify the administrative organs do not implement the court decision responsibility, one is the administrative organ refuses to perform the judgment, ruling, mediation book publish. Two is provided for refusing to carry out the judgment, ruling, mediation, bad social impact, can be directly responsible persons in charge of the administrative organ and other directly responsible personnel shall be detained.

In addition, it also increases the normative documents review, incidental litigation participants regulations system, improve the evidence system, improve the processing mechanism of civil disputes and administrative disputes cross etc..

Xinhua News Agency: draw a draft amendment to examination of the total 51 , modify the range has been more than half, that the legislature decided to revise the law, to solve the existence of the "administrative litigation case trial difficult, difficult, difficult to execute" problems.

"Beijing News": in reality, the public anxiety about the lack of fairness, often because of government disputes, it is difficult to obtain judicial relief. This is required by the NPC's legislative links, modify the action method, to break the bottleneck of system. Next, also need the judicial practice to outside interference, adhere to the independent trial, let "mingaoguan" is no longer difficult, society as a whole can feel justice more.

The legislature responded positively to repair method hot

In 2013 December 24 day, review the draft amendment is synchronized with the National People's Congress, the NPC Law Committee, administrative law office director Yuan Jie, China University of Political Science and Law professor Ying Songnian, National School of Administration professor Hu Jianmiao, Peking University Professor Jiang Mingan, China University of Political Science and Law Professor Xue Gangling on the main contents of the draft accepted the media collective interview, actively respond to the administrative litigation law society is concerned about the modified hot the problem.

The administrative procedural law draft amendment to increase the provisions of the defendant must respond, but some parts of the chief administrative officer of the responding system is not absorbed into the draft. To this, Yuan Jie explained, the draft clearly requires administrative organs according to law suits, responding to specific way is head of the executive lawsuit, also can ask the agent to. Agent system is the implementation of the system, other countries did not request the chief executive must respond, so according to the general rules stipulate.

　Regulations and regulatory documents other than is commonly known as "red head file", the incidental review is a highlight of this modification,Experts are generally positive, and further reading. Ying Songnian introduces, administrative regulations, local laws and regulations, China is a set of measures for the examination and review mechanism, this mechanism has been established in the legislation law, administrative rules and regulations promulgated by the State Council regulations on procedures have rules, do not need to court review.

The National People's Congress Standing Committee Xiu Fujin: administrative procedure law is a social concern, people expect a method. As the current law only stipulates the specific administrative act made by an administrative organ on the review, for the local administrative authorities issued a "red head document" can not be reviewed. While"Red head file" once the violation of law, damage the interests, often more harm. To solve this problem be imperative. The draft amendment to the amendment, very necessary, timely.

The NPC Law Committee, administrative law director Yuan Jie: the modify procedure law is to respond to the voice of the people, to solve the existing problems in the process of administrative litigation now. Legislation should comply with the scientific legislation and the spirit of democratic legislation, but also to solve practical problems.

Repair method can expect the pace of further

Listen to and absorb the amendment draft deliberation opinions of members of Standing Committee of the is to promote scientific and democratic legislation, and an important way to improve the quality of legislation.

In 2013 December 25 day morning, the twelve session of the sixth meeting of the NPC standing committee deliberations of the administrative litigation law amendment draft. Members of the Standing Committee of National People's Congress affirmed the draft, and to expect the law to further modify the pace. The National People's Congress Zhu Liangyu said, eighteen of the third plenary session decided that the reform of the judicial system, promote, under provincial court, procuratorate of people of property management, separation of the judicial administrative divisions and explore to establish appropriate. This modification in the administrative procedural law draft has been reflected substantial.

About the scope of administrative litigation, the NPC Li Dajin suggestions to the social organization of the exercise of power and the quasi administrative act also shall be included in the administrative procedure law. His citing says: " like football association punishment decision has the nature of administrative penalty, the football association made the punishment decision was refused by the court, but if the litigant to sue, should not complain without. Therefore, to give the supervision on administrative behavior."

The National People's Congress Standing Committee Gu Shengzu: we hope that the draft can clear social organizations to exercise the function of public administration the suability of administrative act. Social organizations take public functions, most and the vital interests of the people closely related, especially the villagers autonomous organizations, institutions, industry associations.

The NPC Standing Committee member Xie Xiaojun: Amendment to the draft embodies the construction of the government ruled by law, to promote administration according to law concept, is central "to reflect the power in the system of the cage" this spirit in the law. I especially noticed, in the legal provisions out of two words, the existing law is "safeguarding and supervising the exercise of administrative powers by administrative organs in accordance with the law," the draft amendment to the "maintenance" two words have no, it really became a supervise and restrict the administrative power not to abuse the law. Expect more perfect law modification.