The Paper | The mayor of Qianjiang demands to eliminate administrative litigation losses, with only one administrative lawsuit case lost last year in the local area

According to the Hubei “Qianjiang Daily”, on August 12, the city’s administrative law enforcement and administrative law enforcement supervision work conference was held. Yang Yong, Deputy Secretary of the Municipal Party Committee and Mayor, attended the meeting and delivered a speech.

He emphasized that it is necessary to grasp the key tasks, focus on improving the ability and quality of administrative law enforcement personnel, strengthen the capacity building and qualification management of administrative law enforcement personnel, and strive to build a standardized, professional, and highly qualified administrative law enforcement team. It is necessary to comprehensively promote strict, standardized, fair, and civilized law enforcement, increase law enforcement efforts in key areas such as food and drugs, urban management, and transportation, continuously standardize administrative law enforcement behaviors related to enterprises, and strictly fulfill administrative law enforcement procedures. It is necessary to establish and improve the working system of administrative law enforcement and law enforcement supervision, continuously deepen the reform of the administrative law enforcement system, improve the grassroots comprehensive law enforcement mechanism, establish a supervision system for administrative power, strengthen government information disclosure and administrative response, and comprehensively improve the quality and effectiveness of administrative law enforcement and administrative law enforcement supervision. At the same time, it is necessary to continuously improve the guarantee level of technology, personnel, and funds for administrative law enforcement, and promote the in-depth and solid development of administrative law enforcement and law enforcement supervision.

Yang Yong also requested that it is necessary to strengthen supervision and implementation, strengthen overall coordination and work assessment, and seriously hold people accountable, to promote the effectiveness of the three-year action to improve the quality of administrative law enforcement. The main responsible persons of various regions and departments should take up the responsibilities of the first responsible person, take the lead in enhancing the awareness of administrative law enforcement in accordance with the law and professional law enforcement capabilities, and achieve the “six personally”, strictly follow the statutory authority and procedures to make decisions, and strictly review and control law enforcement cases. It is necessary to hold accountable and hold accountable, to grasp the matter to the end, to ask the question to the end, and to be strict to the end, resolutely prevent the occurrence of administrative litigation cases, and empower and strengthen the high-quality development of the economy and society with a higher level of administrative law enforcement and stronger law enforcement supervision, and fully escort the Qianjiang City to build a demonstration zone for the synchronized development of the four modernizations.

The “Annual Report on Government Information Disclosure Work of Qianjiang City Justice Bureau in 2023” previously announced stated that Qianjiang City deepened the reform of the administrative review system, improved a standardized and efficient administrative review working mechanism, and effectively supervised administrative law enforcement in accordance with the law, handling more than 100 administrative review cases. In 2023, 51 administrative litigation cases occurred in the city, 36 of which were concluded, with 1 losing case and a loss rate of 2.77%. The loss rate in 2022 was 22%, and the number and rate of losing cases decreased significantly.

Also in 2023, the Qianjiang City Administrative Dispute Resolution Studio was established in the Municipal Letters and Visits Bureau on May 23 this year. In this regard, the WeChat public account of the Qianjiang City People’s Court published an article introducing that in recent years, the Qianjiang Court has always adhered to the concept of serving the people with justice, played the initiative of justice, focused on the functions of trial, actively explored the ways and methods of substantive resolution of administrative disputes, and jointly issued the “Opinions on Improving the Working Mechanism of the Joint Action of the Government and the Court in Administrative Trial and Administrative Response” with the municipal government, relying on the “one-stop” construction platform of the People’s Court to carry out pre-litigation resolution of administrative disputes, and issued comprehensive judicial suggestions, resolving administrative disputes before litigation, shortening the dispute resolution cycle, and effectively reducing the litigation costs of the parties.

The article stated that the Administrative Dispute Resolution Studio is mainly responsible for the substantive resolution of administrative disputes before litigation. The studio can independently accept or accept the entrustment of the People’s Court to mediate administrative disputes in accordance with the law. For those who have reached an agreement through the mediation of the studio, the parties can apply to the People’s Court for judicial confirmation in accordance with the law. If the People’s Court, after review, meets the legal provisions, it will issue a confirmation ruling. This measure can effectively fill the gap in the lack of administrative dispute mediation institutions in Qianjiang City, form the Party Committee’s leadership, overall coordination, organization and leadership, and coordinate all parties to carry out administrative dispute resolution work, which will inevitably effectively improve the effect of substantive resolution of administrative disputes.

Subsequently, in October 2023, the Qianjiang Municipal People’s Government and the Municipal People’s Court proposed in the “Opinions on Improving and Perfecting the Working Mechanism of the Joint Action of the Government and the Court in Administrative Trial and Administrative Response” that the Municipal People’s Government and the Municipal People’s Court implement a joint meeting system. The Municipal Justice Bureau and the Administrative Trial Tribunal of the Municipal People’s Court are responsible for the daily liaison and communication and coordination of the joint action of the government and the court, and hold at least one joint meeting every year to report the situation of administrative litigation work and the resolution of administrative disputes, and solve the problems existing in the work. For newly discovered general and tendency-related major matters, communicate and handle them in a timely manner. On the basis of doing a good job in the liaison work of administrative trial and administrative response, appropriately expand the content of the joint meeting work and continuously promote the benign interaction between administration and justice.

The above opinions also require that the Municipal Justice Bureau and the Administrative Trial Tribunal of the Municipal People’s Court are responsible for the specific implementation of the joint action of the government and the court, and report to the Municipal People’s Government and the Municipal People’s Court regularly. Administrative organs should analyze and summarize the high-incidence and easy-to-occur problems reflected in administrative litigation and the reasons for the loss of administrative litigation cases, standardize administrative behaviors, and achieve “one case of litigation, one area of standardization”. The Municipal Justice Bureau should strengthen the supervision and management of the responsible persons of administrative organs to appear in court to respond to litigation, the loss of administrative litigation, the performance of the effective judgments of the court, and the implementation of judicial suggestions, and report the supervision situation. The operation of the working mechanism of the joint action of the government and the court in administrative trial and administrative response, the rate of the responsible persons of administrative organs appearing in court to respond to litigation, the situation of the “top leader” appearing in court to respond to litigation, the substantive resolution of administrative disputes, and the implementation of judicial suggestions, etc., should be regarded as important indicators and included in the index system of the construction of a law-based government.