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The author:(作者)aaapublished in(发表于) 2014/8/14 8:12:47 Beijing mingaoguan won 843 cases last year， the prevailing rate is 12.1%
Yesterday, administrative cases issued 2013 Beijing Beijing high people's Court the Court judicial review report (white paper), and to inform the first half of the year 2014 administrative trials. This is the first time the Beijing High Court public releases white paper on administrative adjudication.
Administrative cases are also called "mingaoguan" case, statistics in the white paper, people win 843 cases last year, the prevailing rate is 12.1%. Admissible cases, almost 50% involving the people's livelihood areas. The functional departments of the municipal government as the defendant before the Court of the city's administrative cases, focused on areas such as land acquisition and relocation. Beijing Times reporter Sun Siya
-Statistics
1. quantity
Caseload over the first half of last year's total
Statistics show that in the white paper, in 2013, the city's substantial growth in the number of administrative cases before the Court for the first time, a total of 10,435, rose 20.5%. 2014 from 1 June, the various kinds of administrative cases before the Court in the city of 11,741 pieces, rose 157.9%.
These figures show that, nearly two years into a geometric growth mingaoguan case, 2014.5 years of accepting cases in administrative cases over half the year 2013. For surge of causes, city high homes competent administrative trial work of party members, and Deputy Dean Wu in save analysis said, administrative case number rose, while due to current whole administrative litigation case of by case range extended, involving of field increasingly widely, type more and complex; on the, this also in must degree Shang reflect has social public using rule means, sought legal maintenance itself interests of consciousness constantly enhanced, in maintenance itself lawful rights and interests of of while, on public affairs of participation degree increasingly high, people of informed right, and Participate, supervision through the rule of increasing levels of protection.
2.
Administrative organ losing rate 12.1%
According to a white paper in 2013, the City Court of illegal, obviously unfair administrative acts or administrative authorities does not strictly fulfill, negligent in performing their duties, adhere to lawful judgment of cancellation, identify illegal void or change as well as the duties within a fixed time by decision, such cases have been disposed of 6,964 first-instance administrative cases a total of 843, about 12.1%.
Municipal high people's court administrative judge Cheng Hu told reporters that this 12.1% rate of administrative organ losing, but decided against the Administration's proportion has remained at 10% per cent. However, 12.1% does not mean that the rest of the mingaoguan people in the case who is all lost. Data show that in 2013, the Court upheld, confirm legitimate or effectively dismissed the plaintiff's claim, such cases account for about 40% of all administrative cases. About 40% of remaining cases, including reconciliation and plaintiffs cases.
3. type
Recent 50% case involving the people's livelihood areas
White paper proposed that the scope of accepting cases in administrative cases involving industrial and commercial, taxation, finance, education, medicine, law and order, land, State-owned assets supervision, securities regulation, government procurement, insurance, intellectual property and more than more than 50 categories, almost all areas of administration.
Among them, nearly 50% of the administrative case of first instance occurred in livelihood-related administration areas. Like, due to dangerous old housing transformation, and road traffic construction, and city environment regulation, focus engineering and focus field occurred of city housing levy demolition, and collective land levy expropriation, and city construction planning license, administrative case; retired workers and the laid off personnel labor and social security and injury finds, and public houses leasing, and food drug regulatory, and traffic administrative law enforcement, involving people production life, and body health and life security of case.
In addition, separate data showed, in 2013, the city administration of the functional departments of the municipal government as the defendant before the Court of 583 cases and accounted for 14% Executive accused of 4,042 cases, concentrated in such areas as land acquisition and relocation.
4. the way
A large number of livelihood-related administrative mediation
White paper pointed out that in 2013, the City Court of first instance administrative cases coordination of settlements, a total of 809. Homes demolished, Ministry of labor and social security, the Government information disclosure and other administrative coordination in the area of reconciliation and accounted for 50% coordination of reconciliation in administrative cases in the first instance.
Save Ng said reconciliation is a very good way to fundamentally resolve contradictions and disputes. Some administrative organs in the course of proceedings, to take the initiative to communicate with parties, actively corrected illegal administrative action and strive for the understanding of the parties agree that efforts to resolve administrative disputes.
Wu Zaicun pointed out that in the course of administrative proceedings involving the people's livelihood areas, on the one hand, decisions of the Court by entities, a lot of correcting administrative enforcement of the defective administrative act, protect legal rights of administrative relative person. The other hand, through administrative trials led to come to grips with the administrative law-enforcement and administrative acts of the executive authorities of the flaws and problems, correct on their own initiative, through its own error correction, win recognition of the administrative relative person. He said that at present, the administrative authorities at all levels to administrate our growing awareness, higher consciousness more and more on corrective initiatives, for its bold initiative to correct the problems among law enforcement, admit it. But as a court, basic purpose is to resolve administrative disputes in certain ways. Not by way of judgment, better coordination between Government and people, more conducive to solving real problems.
-Outstanding issues
Forced by lack of demolition "illegally built"
Through 2013, the City Court decided against the Executive in a case of systems analysis and comb, white paper sets out some of the outstanding problem of the Executive. The reporters found that the listed problems, often appeared in land acquisition and relocation dispute. The question are mostly forced by lack of resolution of the Executive "illegally built", with the repeal of statutory decisions, administrative registration violation of legal procedures, departmental responsibilities, such as negligent in performing their duties.
White paper sets, said houses in cases of expropriation and compensation decisions, some areas of the County Government omitted must contain prescribed by law for temporary relocation or swing space as well as the content of the transition and the transitional period, leading to compensation decisions incomplete sentence revoked. Removed in cases of illegal construction, some administrative bodies in the absence of authorities in connection with the building as evidence of illegal construction case, dismantle the decisions taken or even be forcibly removed.
Also, together and sued the housing levy decided cases, the applicable normative documents has been annulled in 2011 as the basis of compensation, leading to error of law. In together was v administrative registration case in the, statutory handle registration of time for 10 a days, administrative organ in accepted Shi commitment will Yu 5 a days within made decided, but its results is both not in commitment of time within, also not in statutory of time within made decided, but in over statutory time for more than a months Hou only made not registration decided, and will inscribed date pour signed to statutory time expires of day, serious violation statutory program. Investigating and dealing with cases of illegal construction, due to responsibilities planning, urban management sectors, resulting in the sector failing to comply with a statutory duty.
-Typical cases
District Government power against the demolitions of homes
Demolition in such cases, people's aspirations are varied, as a result of dissatisfaction with the way the compensation amount, and sue for compensation decisions to revoke the called finds houses were forcibly removed in violation of, and so on. For example, Yong Ding Zhen, mentougou shilong North Road residents, the prosecution asked the Court to confirm the demolitions of the mentougou District Government overstepping.
Residents sued in November 2011, mentougou district government reassurances of the Beijing Municipal People's Government of mentougou on Stadium homes residential building projects of decision and the written decision on expropriation and compensation for housing, and in the same month that year their houses torn down, causing a lot of goods, furniture, fixtures, were destroyed. They said the mentougou district, before the Government forced the demolition of houses, and without prior notice, and they have not seen or received any relevant court documents.
State-owned housing on land expropriation and compensation under the Ordinance and the Beijing State-owned housing on land expropriation and compensation measures, and only the courts shall have the right to approve and implement the compulsory relocation of the House can be, will the executive authorities banned participation in the forced relocation. According to relevant regulations, "application for enforcement shall be performed within 3 months of the expiry of the statutory time limit for prosecution of people made", but when the demolitions of the mentougou District Government, are not to apply to the courts to enforce.
Although DC Government argues that it is in the public interest pursuant to the written decision on expropriation and compensation for housing the houses involved were removed, but the Court found that the Yong Ding Zhen, mentougou shilong North Road during the demolition of several homes, not through the courts, beyond the terms of reference of the demolitions, illegal, residents sued the Government appealed.
-Court measures
Release guide case judicial scale
According to a white paper around houses on State-owned land expropriation and compensation, Government information, environmental management, social security, registration, non-litigious administrative execution, administrative litigation subject qualification after the structural adjustment issues, municipal higher people's Court has issued a number of instructive case, harmonization of the scales of Justice of the city court.
Meanwhile, the court case proceedings were also focused on the review involves the legality of administrative decision-making by providing timely advice to help strengthen the legitimacy and authority of the administrative decision of the executive authorities. For example, the city housing and urban and rural construction Commission, involved a large amount of housing registration and collection of demolition two such cases reflect the problem timely revision of guidance, and promote the standardization of administrative law-enforcement level of Ascension.
In addition, in 2013, the heads of administrative organs of the Court to appear in court the respondent, appear in court, head of the executive authorities rate is significantly on the rise. Chang Wang Shaofeng, Xicheng District, Pinggu district, Chang Jiang Fan and some Chief of district and county governments have actively take the lead in responding to court, among them heads of executive authorities at all levels in Pinggu district court litigation rate of 60% per cent. City Housing and urban and rural construction Commission also set up professional Committee of administrative litigation, collected by the housing registration, relocation, legal department head constitute, on the city's housing and general guidance and coordinated work on responding to system administration.
White paper also pointed out that a lot of administrative and enforcement actions at the grassroots level, a large number of administrative cases also occurred at the grass-roots, grass-roots law enforcement involving the vital interests of the people. Recommendations focus on increasing administration and training, and further improve the expropriation and demolition, illegal construction of investigation and were forcibly removed, implementing rules for the disclosure of Government information, and standards, and continuously strengthening administrative law enforcement responsibility, and focus on administration according to law into sectoral and individual performance appraisal system.
(Original title: last year's "mingaoguan" case win-843)
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