Building a database of administrative reconsideration lawyers to help build a legal business environment
In 2021, the Judicial Bureau of Saihan District, Hohhot City will vigorously and effectively promote the reform of the administrative reconsideration system, and the original decentralized configuration will be The administrative reconsideration responsibilities in various departments are centralized and exercised by the government, which further enhances the authority, professionalism, impartiality and transparency of administrative reconsideration, realizes the whole process of administrative reconsideration, and makes it easier for citizens and legal persons to find the right reconsideration authority. , which effectively solved the problem of “running multiple times and running multiple times” for reconsideration applicants, effectively promoted the transformation of government functions, improved the credibility of the government, and provided a strong institutional guarantee for optimizing the business environment and promoting high-quality development in an all-round way. While the administrative reconsideration reform has been carried out in an orderly manner, it has also put forward higher requirements on how to practice reconsideration for the people and optimize the business environment under the rule of law.
Recently, the responsible comrades of Saihan District Judicial Bureau met with Faduo Law Firm, Fading Law Firm, Qingsheng Law Firm, Jingshi The principal of the law firm. They jointly conducted in-depth exchanges on “how to build a good database of administrative reconsideration lawyers” and “how to better play the role of lawyers in the process of administrative reconsideration cases”.
The principals of each law firm fully recognized the content of the meeting and said that they would give full play to their professional advantages to contribute to the administrative reconsideration work and the rule of law in Saihan District Contribute to the construction of a business environment.
The Saihan District Judicial Bureau will continue to play the role of administrative reconsideration, use supervision, error correction, mediation, and reconciliation methods in accordance with the law to resolve administrative conflicts and disputes, and force law enforcement Authorities strictly regulate fair and civilized law enforcement while safeguarding the legitimate rights and interests of enterprises in the jurisdiction.
The “Four Measures” of Yuquan District Judicial Bureau make every effort to standardize and supervise enterprise-related administrative reconsideration cases
Since the reform of the administrative reconsideration system in 2020, the Judicial Bureau of Yuquan District, Hohhot City has handled 12 administrative reconsideration cases involving enterprises. 5 cases of revocation, 6 cases of confirmed violations, and 1 case of maintenance.
Strengthen the inspection and supervision of administrative reconsideration cases. If the administrative act seriously infringes upon the legitimate rights and interests of the enterprise, it shall be resolutely corrected in accordance with the law; if the submitted written reply and evidence cannot prove that the specific administrative act is legal and effective, and the written reply and relevant materials are not submitted within the prescribed time limit If it is found, it shall be revoked or confirmed to be illegal in accordance with the regulations.
The case review should be “factual, basis, and procedural” to ensure the legality and reasonableness of administrative reconsideration decisions. Strictly standardize the case trial process and links, so that the procedures are complete, the responsibilities are clear, and the measures are in place, so that the reconsideration case can stand the test of fact and law. Standardize the trial standards, avoid “different judgments for the same case”, and adhere to the case-handling standard of “one ruler to the end”, which further enhances the professionalism, transparency and credibility of administrative reconsideration.
Improve the system for the person in charge of the department involved in administrative cases involving enterprises to appear in court to respond to lawsuits. Efforts shall be made to standardize the appearance of the person in charge of the department involved in the administrative case involving enterprises to respond in court, and promote the substantive resolution of administrative disputes involving enterprises. Since the beginning of this year, the person in charge of the department involved in the case has reached and maintained a 100% court response rate, which has played a good role in resolving relevant enterprise-related disputes.
Improve the “Expert Review”, optimize the trial mechanism and increase efficiency. Comprehensive implementation of the review mechanism of experts who respond to reconsideration of enterprise-related cases, the experts who respond to reconsideration provide opinions in advance, adhere to the principle of “mediation priority”, evaluate the risk of losing the case, and represent the cases litigated after the reconsideration to ensure that the case stand up to judicial review. Strictly grasp the interests of the applicant for reconsideration and the scope of reconsideration, and effectively maintain a good business environment, market environment and consumption environment.