The implementation regulations of the hottest admi

2022-09-19
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The regulations on the implementation of the administrative reconsideration law have been issued to smooth the channels of administrative reconsideration

Premier Wen Jiabao of the State Council recently signed a State Council order and promulgated the regulations on the implementation of the administrative reconsideration law of the people's Republic of China, aiming to further smooth the channels of administrative reconsideration, effectively safeguard the legitimate rights and interests of citizens, legal persons or other organizations, and give full play to the role of the administrative reconsideration system in resolving administrative disputes, building a legal government The role of building a socialist harmonious society

"administrative reconsideration is an important legal system platform for administrative organs to solve administrative disputes, resolve social contradictions and strengthen hierarchical supervision." The head of the Legislative Affairs Office of the State Council said that China attaches great importance to the construction and implementation of the administrative reconsideration system. On December 24, 1990, the State Council issued the regulations on administrative reconsideration, establishing a unified administrative reconsideration system throughout the country; On April 29, 1999, the ninth session of the Standing Committee of the Ninth National People's Congress deliberated and adopted the administrative reconsideration law of the people's Republic of China

in recent years, according to the provisions of the administrative reconsideration law, people's governments at and above the county level and their departments have actively performed their duties of administrative reconsideration. On average, more than 80000 administrative disputes have been resolved through the system platform of administrative contact point reconsideration at the same speed every year, a large number of illegal or improper specific administrative acts have been corrected, and efforts have been made to resolve administrative disputes at the grass-roots level, at the initial stage, and within the administrative system, It has strengthened the relationship between the government and the people and maintained the image of the government

"in the practice of administrative reconsideration, various regions have accumulated some experience and found some problems that need to be further improved in the specific system." The person in charge admitted that some localities and departments did not fully understand that it is a basic function of the government to resolve administrative disputes in a timely manner in accordance with the law in the new situation, and lacked the necessary understanding of resolving administrative disputes through the legal system of administrative reconsideration

according to statistics, because some localities and departments do not actively accept and review administrative reconsideration cases that meet the legal conditions, they prevaricate and perfunctory each other, resulting in a considerable part of the handling of administrative disputes outside the legal channels, 70% of administrative litigation cases have not been subject to administrative reconsideration before prosecution, and many administrative organs are in a passive situation of dealing with letters and visits and busy dealing with administrative litigation. The person in charge said that whether the channels of administrative reconsideration are unblocked is the premise of whether the administrative reconsideration system can play a role; To strengthen the work of administrative reconsideration, we should take unblocking the channels of administrative reconsideration as the focus and breakthrough of our work

Based on this, the regulations for the implementation of the administrative reconsideration law have made the following provisions in terms of unblocking the channels of reconsideration and effectively safeguarding the legitimate rights and interests of citizens, legal persons or other organizations:

-- citizens, legal persons or other organizations that believe that the specific administrative acts of the administrative organs infringe on their legitimate rights and interests file an application for administrative reconsideration. Except for those that do not meet the application conditions stipulated in the administrative reconsideration law and regulations, the administrative reconsideration organ must accept it

-- if the superior administrative organ believes that the reason for the administrative reconsideration organ not to accept the application for administrative reconsideration is not tenable, it can urge it to accept it first; If it still refuses to accept the case after being urged, it shall be ordered to accept it within a time limit, and it may also accept it directly when necessary; If it believes that the application for administrative reconsideration does not meet the statutory acceptance conditions, it shall inform the applicant

-- if a specific administrative act made by an administrative organ may have an adverse impact on the rights and obligations of citizens, legal persons or other organizations, it shall inform them of the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for applying for administrative reconsideration

in order to encourage citizens, legal persons or other organizations to resolve administrative disputes through administrative reconsideration in accordance with the law and remove the ideological burden of the applicant "not daring to sue", the regulations stipulate the principle of prohibiting adverse changes in administrative reconsideration, that is, within the scope of the applicant's administrative reconsideration request, the administrative reconsideration organ shall not make an administrative reconsideration decision that is more detrimental to the applicant to understand his own needs for experimental parameters

in order to ensure that the administrative reconsideration organ and the administrative reconsideration institution effectively perform the legal duties of administrative reconsideration, the regulations stipulate that if the administrative reconsideration organ or the administrative reconsideration institution fails to perform the duties of administrative reconsideration stipulated in the administrative reconsideration law and the regulations, and the high-level talents occupy less responsibility for enterprise training resources, and fail to correct after being urged by the administrative organ with the right to supervise, the directly responsible person in charge and other directly responsible persons shall be given a warning, demerit recording Punishment for recording major demerits; Those who cause serious consequences shall be demoted, dismissed or dismissed according to law

in addition, for the illegal acts of administrative organs and their industrial microelectronics and technology workers, the regulations stipulate that the administrative reconsideration body can put forward punishment suggestions to the personnel and supervision departments, and can also directly transfer the factual materials of the illegal acts of the relevant personnel to the personnel and supervision departments for handling; The personnel and supervision departments that accept the transfer shall handle it according to law, and notify the administrative reconsideration body that transferred the handling results

this regulation will come into force on August 1st, 2007

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