Give you a judgment reference of a famous case:
Zhang v Wuhu personnel bureau (case of administrative employment decision of civil servants)
Administrative Judgment of the People's Court of Wuxin District, Wuhu City, Anhui Province
(2003) New Chu Hang ZiNo. 1 1
Plaintiff Zhang, male,1born in June 1978, Han nationality, lives at No.430, Qinglian Road, Qingshui Town, Wuhu County.
Authorized Agent: Zhou Wei, male,1born in April 1956, Han nationality, professor of Sichuan University Law School.
Entrusted agent Lu Jiefeng, male, born on1October 22nd,1981kloc-0/65438, Han nationality, a student of grade 200 1 in the Law School of Sichuan University.
Defendant, Wuhu Personnel Bureau, lives in Fanluoshan, Wuhu City.
Legal Representative: Bao Huaming, director.
Authorized Agent: Fang Ming, lawyer of Anhui Jingcheng Law Firm.
Zhang Xi 'an, the plaintiff, brought a lawsuit to the court because he refused to accept the administrative employment decision of civil servants made by Wuhu Personnel Bureau. The plaintiff brought an administrative lawsuit to our hospital on June, 2003 165438+ 10/0. After the court accepted the case, it formed a collegiate bench according to law and heard the case in public on February 9, 2003. Plaintiff Zhang and his entrusted agent, Lu Jiefeng, and defendant's entrusted agent, Wuhu Personnel Bureau, attended the proceedings. The trial period of this case was extended for three months with the approval of the Higher People's Court of Anhui Province, and the trial has now ended.
In June, 2003, Zhang, the plaintiff, signed up for the Anhui National Civil Service Examination in Wuhu Personnel Bureau, and the position he applied for was the economic management major in the office of Wuhu County Committee. After written examination and interview, the comprehensive score ranked first among the 30 candidates who applied for the position, and entered the medical examination procedure according to regulations. On September 6, 2003, Zhang had a physical examination in Tongling People's Hospital designated by Wuhu Personnel Bureau. The physical examination report showed that HbsAg, HbeAB and HBcAb on both sides of his hepatitis B were positive, and the chief physician determined that his physical examination was unqualified according to the detailed rules for the implementation of the physical examination of national civil servants in Anhui Province (for Trial Implementation). On September 25th of the same year, Wuhu Personnel Bureau organized eleven candidates, including Zhang, to go to the 86th Hospital of the People's Liberation Army for a second interview. The re-examination results showed that HBsAg and anti-HBc were positive, while anti-HBs, HbeAg and anti-Hbe were negative, and the physical examination conclusion was unqualified. According to the results of the physical examination, Wuhu Personnel Bureau verbally announced to Zhang that Zhang would not be admitted because the conclusion of the physical examination was unqualified.
Zhang Xian, the plaintiff, claimed that Wuhu Personnel Bureau, as the personnel management organ of civil servants, decided that the plaintiff did not meet the health standards of civil servants on the grounds that the plaintiff had twice and a half hepatitis B tests and was positive for anti-HBc (H1N1), deprived the plaintiff of his qualifications and labor rights as a national civil servant, requested the people's court to revoke the specific administrative act of the defendant according to law, and ordered the defendant to bear corresponding legal responsibilities.
When the plaintiff sued, the evidence materials cited to the court were:
1, the inspection report of the Second People's Hospital of Wuhu City and the inspection report of the First-class Mountain Hospital of Southern Anhui Medical College, which prove that the two-and-a-half inspection of the plaintiff's hepatitis B is only "one, five yang".
2. Viral hepatitis prevention and control plan of the Ministry of Health, which proves that the plaintiff's physical condition meets the professional requirements of civil servants, and the normative documents on which the defendant is based are illegal.
On June 5438+065438+1October 18, 2003, the defendant Wuhu Personnel Bureau submitted a defense to our hospital, arguing in the trial that the defendant strictly implemented the civil service recruitment policy, and the whole recruitment process was fair, open and just, which was in full compliance with the law. Plaintiff Zhang's unqualified medical examination is the only reason why he is not allowed to enter the medical examination procedure and can't be admitted. The specific administrative act of the defendant is legal. The plaintiff's request for a court decision to allow him to be employed as a civil servant has no legal basis and requests the people's court to dismiss his claim according to law.
The factual evidence and legal basis submitted by the defendant on June 5438+065438+1October 19, 2003 are as follows:
1, Tongling People's Hospital's inspection report on Candidate No.35, namely Zhang, and the employment physical examination form, which prove that the plaintiff's physical examination conclusion in Tongling People's Hospital was unqualified and the reason for re-examination.
2. 1 1 candidate Zhang's physical examination report, employment physical examination form and unqualified medical examination certificate of the 86th Hospital of the People's Liberation Army, which prove that the plaintiff's reexamination conclusion in the 86th Hospital of the People's Liberation Army is unqualified.
3.2. Provisional Regulations on State Civil Servants and Interim Provisions on the Employment of State Civil Servants, which prove the legal basis of the defendant's employment of state civil servants.
4. Notice of Anhui Provincial Personnel Department on printing and distributing some supporting implementation rules of Anhui Province's Implementation Measures for Hiring National Civil Servants (Trial), including the Implementation Rules for Medical Examination of Anhui Province's Hiring National Civil Servants (Trial), which proves the defendant's standards for hiring national civil servants.
5.( 1) Notice of the Organization Department of Anhui Provincial Party Committee and the Personnel Department of Anhui Province on Printing and Distributing the Implementation Plan for the Employment of National Civil Servants (Office Staff) in Anhui Province in 2003 and the Implementation Plan for the Employment of National Civil Servants (Office Staff) in Anhui Province in 2003,
(two) Wuhu City in 2003 to recruit national civil servants (staff) implementation advice,
(3) Notice of Anhui Provincial Examination Office on Seriously Doing a Good Job in the Physical Examination, Assessment, Publicity and Approval of the Employment of National Civil Servants (Government functionaries) in 2003,
(4) Announcement of the Organization Department of Wuhu Municipal Committee and Wuhu Personnel Bureau on the Recruitment of National Civil Servants (Office Staff) in 2003 (No.1).
This proves that the procedure followed by the defendant in recruiting national civil servants is legal.
The case was confirmed by cross-examination in court:
1. The plaintiff had no objection to the authenticity of the first set of evidence presented by the defendant Wuhu Personnel Bureau, but questioned its legality, arguing that there were differences between the physical examination report at the time of re-examination and the physical examination conclusion of the 86th Hospital of the People's Liberation Army, which should not be accepted. The defendant refuted the plaintiff's query, arguing that both the medical examination report and the re-examination report were made by the entrusted medical examination hospital, and the defendant had no right to change the medical examination conclusion of the medical examination hospital. After the first trial, the plaintiff asked for a retrial. After consulting the superior, the defendant agreed that the plaintiff Zhang would take part in the second interview, which showed his humanistic concern for the candidates and never felt malicious discrimination against the plaintiff. The collegial panel held that the plaintiff had two physical examinations, the initial examination in Tongling People's Hospital and the re-examination in the 86th Hospital of the People's Liberation Army. Article 8 of the Re-examination Guide clearly stipulates that this exam is the final exam. The defendant agreed that the plaintiff and other personnel would participate in the second interview, which was organized by Wuhu Personnel Bureau and discipline inspection and supervision department. Therefore, the physical examination process is true and legal, and the re-examination results should be confirmed as valid evidence. The defendant did not use the evidence in the administrative proceedings. According to Article 54 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation, the plaintiff's objection is established and should be adopted.
2. The plaintiff has no objection to the authenticity of the second set of evidence presented by the defendant Wuhu Personnel Bureau, but questioned its legality, arguing that the hospital, as a medical examination hospital, has no right to make unqualified legal judgments, which is beyond its scope of duties; The second-half hepatitis B test result of the plaintiff's retest paper was "One, Five Positive", which did not belong to the unqualified situation of the second-half hepatitis B test stipulated in the medical examination standard, and according to the provisions of the Law on the Prevention and Control of Infectious Diseases, the occupation prohibited by hepatitis B virus carriers had nothing to do with the position the plaintiff applied for, so the hospital determined that the plaintiff's unqualified medical examination was illegal. The defendant refuted the plaintiff's query, arguing that according to the re-examination conclusion of the 86th Hospital of the People's Liberation Army, the plaintiff Zhang was disqualified from employment due to poor health, and the Wuhu Personnel Bureau was a normal administrative act according to the normative documents on the employment of civil servants, and there was no malicious discrimination advocated by the plaintiff. The collegial panel held that from the inspection report of the 86th Hospital of the People's Liberation Army provided by the defendant, the conclusion of the second-and-a-half hepatitis B examination was "one yang and five yang". Compared with the medical examination standard in the Detailed Rules for the Implementation of the Medical Examination of National Civil Servants in Anhui Province (for Trial Implementation), the second-and-a-half hepatitis B examination failed, and the liver function examination failed according to the medical examination standard. This situation has not been confirmed in the physical examination report and subsequent certificates. The 86th Hospital of the People's Liberation Army judged that Zhang was unqualified in the physical examination standard of "One Yang and Five Yang", which violated the physical examination standard of Anhui Province, and this conclusion should be invalid. The 86th Hospital of the People's Liberation Army proved that "one yang and five yang" were unqualified in the two-and-a-half examination of hepatitis B, which was an ultra vires act. Because the "Detailed Rules for the Implementation of the Physical Examination of National Civil Servants in Anhui Province (Trial)" does not stipulate that "one yang and five yang" are unqualified in the physical examination of hepatitis B, nor does it grant the medical examination hospital the right to interpret. According to the Provisions on Several Issues of Evidence in Administrative Litigation, this conclusion of our hospital has been proved invalid.
3. The defendant questioned the legality, authenticity and relevance of the first set of evidence presented by the plaintiff, arguing that these physical examinations were not carried out during the recruitment process of national civil servants and had nothing to do with the specific administrative act being sued, so this set of evidence was not recognized. The plaintiff refuted the defendant's query, arguing that this group of evidence proved that both "1" and "5" were positive in the plaintiff's hepatitis B examination, and compared with Tongling People's Hospital, the error of the examination results of the 86th Hospital of the People's Liberation Army was smaller. The collegial panel held that this group of evidence was not provided and adopted in the recruitment process of national civil servants, and its authenticity could not be verified. According to the third paragraph of Article 60 of the Provisions of the Supreme People's Court on Several Evidences in Administrative Litigation, the defendant's objection is established and should be adopted.
4. The defendant had no objection to the legality and authenticity of the second set of evidence presented by the plaintiff, but questioned its relevance, arguing that there was no conflict between the Regulations on the Administration of Hepatitis B Virus Carriers in this scheme and the Detailed Rules for the Implementation of the Physical Examination for the Employment of National Civil Servants in Anhui Province (Trial), because their application scopes were different. The plaintiff refuted the defendant's query, arguing that the Prevention and Control Plan of Viral Hepatitis of the Ministry of Health is a special provision of the law, and its effect is higher than local regulations, so it should be applied first. The collegial panel held that the Regulations on the Management of Hepatitis B Virus Carriers in the Viral Hepatitis Prevention and Control Plan of the Ministry of Health and the Regulations on the Health Standards of Civil Servants in the Detailed Rules for the Implementation of the Medical Examination of Civil Servants in Anhui Province (for Trial Implementation) were formulated by state organs for different management purposes, and the two regulations go hand in hand. The defendant's objection is valid and should be adopted.
5. The plaintiff has no objection to the authenticity of the fourth legal basis put forward by the defendant Wuhu Personnel Bureau, but questions its legality. It is believed that the implementation rules violate the citizens' equal rights stipulated in the Constitution, their political rights to participate in public affairs as national civil servants, and their privacy and labor rights. The defendant refuted the plaintiff's query, arguing that the formulation of the implementation rules was authorized by clear administrative regulations, and the recruitment of civil servants did not infringe the rights granted to the plaintiff by the Constitution in the process of implementing the rules. The plaintiff was not hired because of insufficient physical condition and was eliminated. The collegial panel held that the Detailed Rules for the Implementation of the Physical Examination for the Employment of Civil Servants in Anhui Province (Trial) was explicitly authorized by the Ministry of Personnel's Interim Provisions on the Employment of National Civil Servants, and it was a legal and effective normative document. The legal basis provided by the defendant could be used as a reference, and the plaintiff's objection reason could not be established and was not adopted.
6. The plaintiff has no objection to the authenticity and relevance of the fifth set of legal basis put forward by the defendant Wuhu Personnel Bureau, but questions its legality and purpose of proof. He believes that the recruitment of civil servants in Wuhu is a specific administrative act implemented by the defendant, in which the physical examination is completed by the hospital designated by the defendant, and its nature should be administrative entrustment. The defendant refuted the plaintiff's query, arguing that the defendant's act of designating the hospital for medical examination in accordance with relevant regulations was an entrusted appraisal relationship, not an administrative entrustment relationship, and the conclusion of the medical examination made by the hospital was an appraisal conclusion. The collegial panel held that the defendant entrusted the 86th Hospital of the People's Liberation Army to conduct a physical examination of candidates according to the Detailed Rules for the Implementation of Physical Examination of State Civil Servants in Anhui Province (Trial), which should be an administrative entrustment relationship, and the plaintiff's objection was established and should be accepted.
According to the accepted evidence, our hospital confirmed the following facts: In June 2003, the plaintiff Zhang signed up for the civil service examination in Anhui Province in Wuhu Personnel Bureau, and the position he applied for was the economic management major in Wuhu County Party Committee Office. After written examination and interview, the comprehensive score ranked first among the 30 candidates who applied for the position, and entered the medical examination procedure according to regulations. On September 17, 2003, Zhang's physical examination report in Tongling People's Hospital designated by Wuhu Personnel Bureau showed that both halves of his hepatitis B were positive for HBsAg, HBeAb and HBcAb, and the chief physician determined that his physical examination was unqualified according to the Detailed Rules for the Implementation of Physical Examination of National Civil Servants in Anhui Province (Trial). Zhang then asked Wuhu Personnel Bureau for re-examination and submitted a written report. On September 25th of the same year, Wuhu Personnel Bureau, with the consent of Anhui Personnel Department, organized eleven candidates, including Zhang, to go to the 86th Hospital of the People's Liberation Army for a second interview. The re-examination results showed that HBsAg and anti-HBc were positive, while anti-HBs, HbeAg and anti-Hbe were negative, and the physical examination conclusion was unqualified. According to the results of physical examination, Wuhu Personnel Bureau changed the second candidate for this position into the physical examination procedure according to the order of high and low grades. And verbally announced to Zhang that Zhang was not admitted because the medical examination conclusion was unqualified. On June 5438+1October 65438+August 2003, Zhang refused to accept the Notice of Rejection and filed an application for administrative reconsideration with the Anhui Provincial Personnel Department. On June 28th, 2003, 10, the personnel department of Anhui Province issued the Decision of Not Hiring (Wan (2003) 1No.). On June 5438+065438+1October 10, 2003, the plaintiff Zhang filed an administrative lawsuit with our court on the grounds that the defendant Wuhu Personnel Bureau deprived him of his national civil servant qualification and infringed on his legal rights. Request the court to order the defendant to determine that the plaintiff's physical examination "One, Five Yang" (HBsAg, HBcAb positive) does not meet the national civil service health standards, illegally deprive the plaintiff of the qualification to enter the assessment process, and shall not be employed as a national civil service position; The defendant was ordered to cancel the specific administrative act of not allowing the plaintiff to enter the examination procedure, and the plaintiff was allowed to enter the examination procedure according to law and was hired to the corresponding post.
During the trial debate, the two parties debated the legality of the specific administrative act of the defendant Wuhu Personnel Bureau to refuse the plaintiff Zhang to enter the medical examination procedure on the grounds that he failed the medical examination. The plaintiff believes that the physical examination standard in the Detailed Rules for the Physical Examination of National Civil Servants in Anhui Province (for Trial Implementation) violates the citizens' equal rights stipulated in the Constitution, their political rights to participate in public affairs as national civil servants, and their privacy and labor rights. As a physical examination hospital, the 86th Hospital of the People's Liberation Army has no right to make legal judgments, which is beyond the scope of its duties. Plaintiff Zhang rechecked the laboratory sheet as "One Yang, Five Yang". This situation does not meet the requirements of the medical examination standard for hepatitis B. According to the provisions of the Law on the Prevention and Control of Infectious Diseases, the occupation prohibited by hepatitis B virus carriers has nothing to do with the position the plaintiff applied for, and the conclusion made by the hospital that the plaintiff failed the medical examination is illegal. The physical examination of the hospital is an integral part of the specific administrative act of the Personnel Bureau and is based on the administrative entrustment of the administrative organ. The specific administrative act of the defendant should be revoked. The defendant, Wuhu Personnel Bureau, believes that the medical examination standard is formulated according to the explicit authorization of the Interim Provisions on the Employment of National Civil Servants, and Wuhu Personnel Bureau has no right to review the normative documents formulated by higher authorities. Moreover, the specific administrative act of Wuhu Personnel Bureau did not infringe any of Zhang's rights, but was eliminated because of his unqualified physical condition. Zhang, the plaintiff, was disqualified for being unwell, which is a normal administrative act made by Wuhu Personnel Bureau according to the normative documents of civil servant recruitment. The act of judging the plaintiff's physical disqualification was made by qualified hospital medical staff, not the defendant, and the defendant had no right to change the conclusion of the hospital's physical examination. The plaintiff's request has no legal basis and requests the court to maintain the defendant's specific administrative act according to law.
Our hospital believes that it is necessary for the state administrative organs to formulate certain standards for the employment of civil servants. The Ministry of Personnel, as the comprehensive management department of national civil servants, formulated the Interim Provisions on the Physical Examination of National Civil Servants according to the Provisional Regulations of the State Council, and the Anhui Provincial Department of Personnel and the Health Department exercised their functions and powers according to the purpose and scope authorized by the Regulations, and formulated the Detailed Rules for the Implementation of the Physical Examination of National Civil Servants in Anhui Province (for Trial Implementation). This normative document does not conflict with the superior law, that is, it does not break through the scope set by the superior law, nor does it break through the prohibitive provisions of the superior law. According to the provisions of the second paragraph of Article 62 of the Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China, the Detailed Rules for the Implementation of the Physical Examination of National Civil Servants in Anhui Province (for Trial Implementation) is a legal and effective normative document, which can be implemented by reference. Defendant Wuhu Personnel Bureau entrusts the 86th Hospital of the People's Liberation Army to carry out physical examination for candidates according to the Detailed Rules for the Implementation of Physical Examination for National Civil Servants in Anhui Province (Trial), which belongs to the administrative entrustment relationship, and the consequences of the entrustment shall be borne by the client. Because the conclusion that the physical examination of the 86th Hospital of the People's Liberation Army failed violated the provisions of the Detailed Rules for the Implementation of the Physical Examination of National Civil Servants in Anhui Province (Trial), Wuhu Personnel Bureau, as the administrative authority in charge of the recruitment of national civil servants, only determined that the plaintiff Zhang failed the physical examination based on the conclusion of the physical examination of the 86th Hospital of the People's Liberation Army, and made a specific administrative act that did not allow the plaintiff Zhang to enter the examination procedure, which lacked factual evidence. According to the provisions of Items 1 and 2 of Paragraph 2 of Article 54 of the Administrative Procedure Law of the People's Republic of China, it shall be revoked. However, in view of the fact that the recruitment of national civil servants in Anhui Province has been completed in 2003, the position that Zhang applied for has been entered by the candidate who scored second in the professional examination, and the specific administrative act against him cannot be revoked. According to the Supreme People's Court's Opinions on Implementing the Administrative Procedure Law of the People's Republic of China and the Supreme People's Court's Interpretation on Several Issues Concerning Implementing the Administrative Procedure Law of the People's Republic of China, the judgment is as follows:
The evidence is not enough to prove that the defendant Wuhu Personnel Bureau made a specific administrative act to disqualify the plaintiff Zhang from the examination procedure in the process of recruiting national civil servants in Anhui Province in 2003.
The legal fee of this case is 100 yuan, which shall be borne by the defendant Wuhu Personnel Bureau.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Wuhu City, Anhui Province.
Chief referee Zheng
Judge Shen Shiling
Acting judge Xuan Zhengguo
April 2(nd), 2004
Bookkeeper Wang Yafei