First, it is necessary to clarify the boundary of the scope of accepting cases in administrative litigation, not only to solve the persistent problem of "difficulty in filing a case", but also to prevent the phenomenon of indiscriminate litigation. The exclusion law further clarifies the scope of accepting cases in administrative litigation, and stipulates that five acts, such as acts that do not produce external legal effect, procedural acts, assistance in execution, internal hierarchical supervision, and handling letters and visits, cannot be sued.
The second is to summarize the achievements of administrative litigation jurisdiction reform, which should not only solve the problem of "home and away litigation", but also follow the principle of "two conveniences". The judicial interpretation further clarified the reform of the jurisdiction of courts across administrative divisions and the procedures that need to be fulfilled. When trying administrative cases, special people's courts such as the Railway Transport Court shall implement the provisions of the second paragraph of Article 18 of the Administrative Procedure Law.
In addition, in order to solve the problem that individual parties use the jurisdiction objection system to interfere with administrative litigation in judicial practice, the Interpretation clearly stipulates the jurisdiction objection handling procedure system.
Third, it is to clearly define the qualifications of the parties, which not only unblocks the channels of relief, but also ensures that the limited judicial resources can maximize the benefits. In order to ensure that the limited judicial resources are fully utilized, the Interpretation clearly stipulates the plaintiff's qualification as a litigation subject: the counterpart of the administrative act and other citizens, legal persons or other organizations interested in the administrative act have the right to file a lawsuit;
In the aspect of defendant in administrative litigation, the defendant qualification of development zone management institutions and their functional departments, village committees and neighborhood committees, institutions and trade associations has been clarified.
Fourthly, to improve the evidence rules of administrative litigation, we should not only strive to restore the objective truth, but also adhere to the guidance of procedural justice. Administrative organs are in an advantageous position in obtaining evidence in administrative procedures. In order to ensure that the "official" and the people are in a substantive equal position in the litigation procedure, the exclusionary rule of illegal evidence is explained and refined, and the obligation of the parties to appear in court and the rules of proof of the defendant's damage are clarified.
Fifth, the full implementation of the registration system will not only protect the legitimate litigation rights of the parties, but also ensure that the prosecution complies with the law. After the implementation of the registration system, some cases that do not meet the conditions for prosecution entered the proceedings without necessary review, resulting in a surge in cases.
In order to fully implement the filing and registration system, the Interpretation clearly stipulates the obligation of prosecutors to submit necessary prosecution materials, the people's court's right to review and explain, the time limit for prosecution of reconsideration cases, and the time limit for prosecution of cases in which administrative organs fail to fulfill their obligation to inform.
Sixth, standardize the trial and judgment procedures, not only to ensure a fair trial of cases, but also to pay attention to improving the effectiveness of litigation. The trial and judgment procedure stipulated in the Administrative Procedure Law requires not only substantive justice and procedural justice of the trial, but also the actual effect of administrative litigation. In judicial practice, the behavior of individual parties damages the seriousness of litigation, and the judgment standards and rules of some cases are not uniform, which affects the authority of justice.
Accordingly, the legal consequences of abusing the right to apply for withdrawal, the legal consequences of refusing to state, the judgment rules of confirming invalidity, the liability for compensation for the same fault and the liability for omission are explained.
Seventh, standardize the person in charge of the administrative organ to appear in court, which not only reflects the seriousness of administrative litigation, but also ensures the substantive settlement of administrative disputes.
In order to further promote the person in charge of the administrative organ to appear in court and ensure the substantive settlement of administrative disputes, the Interpretation appropriately expands the scope of the person in charge of the administrative organ, clarifies the circumstances in which the person in charge of the administrative organ should appear in court and the obligation to explain that the person in charge of the administrative organ does not appear in court, and clarifies the meaning of "administrative organ staff" and the adverse consequences of the person in charge and related staff not appearing in court.
Eight, is the implementation of the reconsideration organ as the defendant system, it is necessary to strengthen the supervision function of administrative reconsideration, but also pay attention to solving practical disputes. In order to strengthen the supervision function of administrative reconsideration, the new administrative procedure law clearly stipulates that the administrative reconsideration organ shall maintain the original administrative act and the reconsideration organ shall be the defendant.
On the premise of strengthening the supervision function of the administrative reconsideration organ, in order to ensure the real settlement of disputes, the concept of maintaining the original administrative act in the reconsideration decision is clearly explained, and the reconsideration organ should be consistent with the defendant in law, burden of proof and adjudication rules.
Nine is to refine the incidental review of normative documents, which not only maintains the effectiveness of legal administrative normative documents according to law, but also prevents illegal clauses from entering the implementation process. Judicial organs have the right to conduct incidental review of normative documents in administrative proceedings, which is the institutional innovation of the new administrative procedure law.
For legal normative documents, the people's court shall serve as the basis for law enforcement of administrative acts; Illegal normative documents shall not be used as the basis for the legality of administrative acts. To this end, the rights of normative documents-making organs, the specific methods of normative documents review, the handling methods of illegal normative documents, and the trial supervision procedures of normative documents review are explained and clarified.
Extended data
Ten highlights of the revision of administrative litigation law;
First, the legislative purpose was revised, and the maintenance of the administrative organs' exercise of their functions and powers was deleted.
Second, clarify the system of chief executive appearing in court, and bid farewell to the history of "telling officials but not seeing people".
Third, get rid of local administrative interference in judicial trials and implement cross-regional trials.
Four, review and maintain the same complaint, and urge the administrative organs to perform their statutory duties.
Five, the prosecution period is extended to six months to better protect the plaintiff's right of appeal.
Six, expand the scope of litigation review, the following normative documents can be attached to the review rules.
Seven, some administrative cases can be mediated to serve the overall situation of social stability.
Eight, clear the administrative incidental civil action, completely settle the dispute.
Nine, the establishment of the announcement system, and urge the administrative organs to perform relevant duties.
Ten, the establishment of a summary trial procedure, efficient and convenient to solve disputes.
References:
Jianhu county Municipal People's Government —— Analysis of Ten Highlights in the Revision of Administrative Procedure Law
References:
China Court Network-the Supreme People's Court Releases Judicial Interpretation of Administrative Procedure Law to Improve Judicial Efficiency