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Annual review of the administrative review office in 2018

Release time: 2019-06-12 15:39 source: administrative review office

8 年市政府行政复议办公室(市复议委员会,以下简称复议办)继续在办党组的领导下扎实开展各项工作,圆满完成了全年各项工作任务。 201 In 2008, the Municipal Government's Administrative Reconsideration Office (Municipal Reconsideration Committee, hereinafter referred to as the Reconsideration Office) continued to carry out various tasks steadily under the leadership of the party group and successfully completed the tasks of the year. A brief summary of the work of the past year is as follows:

积极稳妥办理行政复议案件 ,化解矛盾纠纷 I. Actively and safely handle administrative reconsideration cases to resolve contradictions and disputes

The Reconsideration Office accepts applications for administrative reconsideration in accordance with the law, actively reviews administrative reconsideration cases through a combination of written review, hearings, investigation and evidence collection, and on-site inspections, adheres to the principles of collective resolution and must be corrected, and makes administrative reconsideration decisions in accordance with law and fairness.案结事了,定纷止争 Under the premise of ruling in accordance with the law, the mediation, reconciliation and other methods are used to resolve disputes flexibly in accordance with the actual situation of the case, and strive to achieve "the case is settled and disputes will be resolved " . 12 31 日,下同), 复议办共接待来访群众 1207 人次,收到行政复议申请 374 件,其中受理 320 件,不予受理 17 件,告知当事人选择其他方式解决纠纷 37 件;深入基层勘察案件现场 4 件,召开案件听证会、调查会和调解会 92 次;审结行政复议案件 249 件(含上期结转),决定维持 138 件,驳回申请 51 件,撤销 16 件,责令重新履行 6 件,确认违法 7 件,终止结案的 31 件,调解结案率为 12.45% In 2018 (as of December 31 , the same below), the Reconsideration Office received a total of 1,207 visiting people, received 374 applications for administrative reconsideration , of which 320 were accepted, 17 were not accepted , and the parties were notified to choose other ways to resolve disputes. 37 ; In-depth investigation of 4 cases at the grassroots level , held 92 hearings, investigations and mediation meetings; concluded 249 administrative reconsideration cases (including the carry-over from the previous period), decided to maintain 138 cases, rejected 51 applications , cancelled 16 cases, and ordered Re-performed 6 cases, confirmed 7 violations , and terminated 31 cases. The mediation settlement rate was 12.45% . The types of cases mainly involve administrative confirmation, administrative punishment, administrative coercion, and administrative inaction. Among them, administrative confirmation accounts for about one-third of the total number of cases closed, and administrative disclosure accounts for about one-third of the total number of cases closed.

调解、和解 工作 ,创新行政复议审理方法,不断提高调解实效 ,高效化解矛盾纠纷 Emphasize reconciliation and reconciliation work , innovate administrative reconsideration methods, and continuously improve the effectiveness of mediation and efficiently resolve conflicts and disputes . 终止结案的 31 件,调解结案率为 12.45% 同时, 与南宁市中级人民法院、南宁市铁路运输中级法院积极探讨落实《关于在行政诉讼中加强调解和解的意见》,逐步建立行政诉讼调解机制,研究探索行政调解与司法调解之间的有效对接,努力提高协同处置、预防化解矛盾纠纷的能力。 During the administrative reconsideration trial process, with mediation as the primary purpose, to strengthen the communication and coordination of the parties to the administrative reconsideration cases that may be mediated, and to promote the mediation of settlement cases. In the current year, 31 cases were terminated by mediation . The mediation settlement rate was 12.45%. At the same time, with the Nanning Intermediate People's Court and the Nanning Intermediate Court of Railway Transport, actively explore the implementation of the "Opinions on Strengthening Mediation and Conciliation in Administrative Litigation", gradually establish an administrative litigation mediation mechanism, and study and explore administrative mediation and justice. Effective docking between mediations and efforts to improve the ability to coordinately handle and prevent conflict resolution. Give play to the lead role, guide the development of administrative mediation, and establish and improve the administrative mediation guidance mechanism and administrative mediation work evaluation mechanism. The administrative mediation work carried out by administrative organs shall be included in the annual administrative evaluation in accordance with the law, and the overall evaluation of administrative mediation work shall be carried out. 多次召开调解会, 在多个行政诉讼案件中组织被告与原告进行沟通, 取得 良好的法律效果和社会效果。 The Reconsideration Office has held mediation meetings several times this year , and organized the defendant to communicate with the plaintiff in a number of administrative litigation cases, and achieved good legal and social effects.

2. Do a good job of administrative response and administrative response, and actively accept supervision

(1) Work of administrative response. 422 件,主要案件类型为土地发证、房屋征收、土地征收、土地确权等。 This year, the municipal government responded to a total of 422 administrative cases as defendants . The main types of cases were land certification, house expropriation, land expropriation, and land confirmation. 指导部门应诉的 102 件;由复议 代理应诉的 320 件。 Of these , 102 cases were handled by the reconsideration office 's guidance department ; 320 cases were handled by the reconsideration office on their behalf . 均按照《行政诉讼法》的相关规定积极应诉,做好答辩工作。 The Reconsideration Office has actively responded in accordance with the relevant provisions of the Administrative Procedural Law, and has done a good job in defense. 2018 年复议办约收到 370 件一审、二审的行政判决书、裁定书,胜诉的案件约为 340 件。 The administrative reconsideration decision was subject to the court's trial supervision and maintained a high accuracy rate. In 2018 , the reconsideration office received approximately 370 administrative judgments and rulings of first and second instance, and about 340 cases were won .

Actively implement the person in charge of the administrative organ to appear in court to respond to the law and accept court supervision. Actively promote the attendance of the heads of administrative organs in the city to respond to the lawsuit, emphasizing that for cases that are complex and that may have a significant impact on the administrative law enforcement activities of the agency, there are group cases and administrative agencies that have a significant impact within the city and may affect social stability. For other cases in which the principal responsible person thinks that it is necessary to appear in court, the person in charge of the administrative organ in charge shall appear in court to respond in person. 12 日,伍娟副市长出庭应诉陈某不服高新区管委会作出的《行政处罚决定书》行政诉讼案件,这是南宁铁路运输中级法院审理的我市第一个行政案件。 On June 12 , Deputy Mayor Wu Juan appeared in court in response to Chen's dissatisfaction with the Administrative Punishment Decision of the Administrative Committee of the High-tech Zone. This is the first administrative case in our city that was tried by the Nanning Intermediate Court of Railway Transportation. 月,李建文副市长出庭应诉 66 起林权纠纷系列行政诉讼案件,庭审过程中,原告方当庭向合议庭提出协调处理本批案件的请求,合议庭征询南宁市政府、邕宁区政府意见后,休庭组织各方当事人协调;李建文副市长亲自参与协调,促成各方当事人达成和解并形成和解方案,原告当庭同意撤回起诉,一批行政争议获得实质化解,本案充分体现了行政机关负责人出庭应诉的作用 In November , Deputy Mayor Li Jianwen appeared in court and responded to 66 administrative cases of forest property disputes. During the trial, the plaintiff submitted a request to the collegial panel to coordinate the handling of this batch of cases. The collegial panel consulted the Nanning Municipal Government and the Suining District Government. Later, the court adjourned to organize the coordination of the parties; Vice Mayor Li Jianwen personally participated in the coordination and facilitated the parties to reach a settlement and form a settlement plan. The plaintiff agreed to withdraw the lawsuit in court, and a number of administrative disputes were substantially resolved. This case fully reflects the administrative organs. The role of the responsible person in court . 各部门负责人也积极出庭应诉 2018 年南宁市各级行政机关负责人出庭应诉 241 The heads of counties (districts) and departments also actively responded in court . In 2018 , the heads of administrative organs at all levels in Nanning City appeared in court 241 times .

(2) The situation of administrative resumption of work. 依法履行行政复议被申请人职责,作为复议被申请人参加自治区人民政府的行政复议案件审理 36 件,均及时向自治区人民政府提交答复和作出具体行政行为的证据材料,积极配合上级复议机关开展调查、调解工作。 The Reconsideration Office performed the duties of the respondent of the administrative reconsideration in accordance with the law, and participated in the administrative reconsideration of the autonomous region's people's government for 36 cases. All of them submitted timely evidence and materials to the autonomous region's government to respond to the specific administrative actions and actively cooperate with the superior reconsideration organ Carry out investigation and mediation. 自治区人民政府 共审结 35 件,维持的有 24 件,驳回申请人的有 9 件,撤销的有 2 件。 Among the cases that should be reconsidered in 2018 , the autonomous region people's government concluded 35 cases, maintained 24 cases, rejected 9 applicants , and cancelled 2 cases.

充分发挥层级监督功能, 进一步规范和创新行政复议应诉工作 Fourth , give full play to the function of hierarchical supervision, and further standardize and innovate administrative reconsideration work

)进一步加强对下级行政复议机构的指导与监督。 ( 1 ) Further strengthen the guidance and supervision of lower-level administrative review agencies. Strengthen the supervision of the acceptance of administrative reconsideration cases by lower-level administrative organs, implement the administrative reconsideration report system, and require lower-level administrative organs to report to the municipal government for administrative reconsideration cases that are not accepted. Provisions shall be urged and dealt with. 19 起不予受理案件进行报备。 This year, 19 cases of inadmissibility were reported.

加大行政复议工作的 公开 力度。 ( 2 ) Increase the publicity of administrative reconsideration . Further disclose the work information of the administrative reconsideration trial process, and make the relevant information of the on-site investigation, the holding of the hearing, and the mediation meeting of the administrative reconsideration case public on the website. 行政复议典型案例,促进行政复议案件规范化、透明化, 实现公平、公正、公开,有力维护公平正义。 At the same time, open typical cases of administrative reconsideration, promote the standardization and transparency of administrative reconsideration cases, realize fairness, justice, and openness, and effectively maintain fairness and justice.

在审理复议案件中继续引入听证、专家论证机制。 (3) Continue to introduce the hearing and expert argumentation mechanism in the trial review case. 20 日,就某幕墙公司不服市工商局行政处罚一案召开行政复议听证会。 On September 20 , an administrative reconsideration hearing was held on a curtain wall company's dissatisfaction with the administrative punishment of the Municipal Industry and Commerce Bureau. 9 日,召开某交通平台车主行政处罚案专家论证会,邀请市人大内务司法委员会副主任陈国雄、广西大学法学院余睿教授、广西民族大学法学院教授张春林等专家参加。 On November 9th , an expert argumentation meeting was held for the owner of a traffic platform in an administrative penalty case, and Chen Guoxiong, deputy director of the Municipal People's Congress Internal and Judicial Committee, professor Yu Rui of Guangxi University Law School, and Zhang Chunlin, professor of Guangxi University for Nationalities Law were invited to participate. Holding hearings and expert arguments will play a positive role in handling administrative reconsideration cases.

)举办行政复议应诉专题培训班。 ( 4 ) Holding a special training course for responding to administrative reconsideration. In order to further improve the ability of leading cadres to deepen reforms, promote development, resolve contradictions, and maintain stability by using the rule of law thinking and methods of rule of law, strengthen the administrative reconsideration and the ability to respond to lawsuits in the administrative organs of our city, and regulate the administrative behavior of administrative staff in our city. 10 26 日举办行政复议诉讼暨依法行政培训班,市级各部门、县(区)、管委会法制工作机构负责人及工作人员、行政执法人员 400 人参加培训。 The city has strengthened the study and training of administrative reconsideration and administrative responders in the city. On October 26th , administrative reconsideration proceedings and administrative training courses in accordance with law were held. The heads and work of legal departments of municipal departments, counties (districts), and management committees 400 people , administrative law enforcement personnel participated in the training. 从当前司法体制改革角度看行政执法面临的形势 专题辅导讲座。 Vice President Lin Yutang of the High People's Court gave a special counseling lecture on " the situation facing administrative law enforcement from the perspective of the current judicial system reform " . 市级各单位、各县(城区)、管委会法制工作机构负责人及工作人员等 120人到场参加培训。 On December 18th, a special administrative reconsideration training course was held, and 120 people from city-level units, counties (urban districts), and the heads and staff of the Legal Affairs Institution of the Administrative Committee attended the training.

)建立健全与司法机关联席会议制度。 ( 5 ) Establish and improve the system of conferences with judicial authorities. Continue to implement the joint conference system with the Nanning Intermediate People's Court. 15 日,在南宁市中院召开联席会议。 On June 15 , a joint meeting was held in Nanning Intermediate People's Court. The meeting discussed and studied the legal principles and practical feasibility of the disputes between the forest rights registered with the forest rights certificates and the actual forest rights holders, and clarified the ideas for resolving such administrative disputes. 30 日在市政府召开联席会议,市中院、邕宁区法院、邕宁区政府、市林业局等单位就林木所有权的处理问题专题进行沟通与研究,达成处理纠纷共识。 A joint meeting was held in the municipal government on October 30. The Municipal Intermediate People's Court, the Suining District Court, the Suining District Government, and the Municipal Forestry Bureau and other units communicated and studied the topic of handling forest ownership issues and reached a consensus on dispute settlement. 月与法院、检察院系统召开 联席会议 ,共同 印发 《南宁市法制办公室 In December , a joint meeting was held with the court and the procuratorate , and the "Nanning Legal Office" was jointly issued .   Nanning Intermediate People's Court   Nanning Railway Intermediate Court   Nanning People's Procuratorate   关于建立推进依法行政联动机制的工作规则 》《南宁市法制办公室 Working Rules of Nanning Railway Transport Procuratorate on Establishing a Mechanism for Promoting Administrative Interactions According to Law   Nanning Intermediate People's Court   Nanning Railway Intermediate Court   Nanning People's Procuratorate   Nanning Railway Transport Procuratorate. Administrative Joint Conference System according to Law. "

)认真履行复议职责,进一步加强行政复议规范化建设 ,逐步完善行政复议制度 ( 6 ) Conscientiously perform the duties of reconsideration, further strengthen the standardized construction of administrative reconsideration , and gradually improve the administrative reconsideration system . Actively carry out the online administrative reconsideration acceptance work, actively promote the administrative reconsideration decision to be made public online, pay attention to handling the case in the sunshine, and further improve the transparency of the reconsideration work. 认真执行《 南宁市行政复议重大复杂疑难案件集体讨论规定 》,对重要行政复议案件经过办公会议决定;实行立审分离,落实《行政复议立审分离制度》;加强对被申请人按期提交答复的监督,对某县政府超期答复发出《督办函》,进一步规范办案程序; 认真落实《 行政复议决定履行及督察规定(暂行) 》,切实保障行政复议决定、行政调解书得到及时、全面履行,维护申请人、第三人的合法权益 Actively implement the "Measures for Nanning Administrative Organs to Participate in Administrative Reconsideration and Administrative Litigation", earnestly implement the " Regulations on Collective Discussion of Major Complex and Difficult Cases of Nanning Administrative Reconsideration ", and decide on important administrative reconsideration cases through office meetings; separate the trial and implement the "Administration "Reconsideration and review separation system"; strengthen the supervision of the respondent to submit responses on time, issue a "supervision letter" to a county government overdue reply to further standardize the case handling procedure; seriously implement the "implementation of administrative review decisions and supervision requirements (provisional) ", Effectively guarantee the timely and comprehensive implementation of administrative reconsideration decisions and administrative mediation letters, and safeguard the legitimate rights and interests of applicants and third parties . 创新行政复议 工作,进一步完善相关制度。 Establishing relevant working systems can improve the professionalism and standardization of staff. The review office will continue to innovate administrative review work and further improve the relevant system.

)积极配合法院系统开展铁路法院行政审判改革工作。 ( 7 ) Actively cooperate with the court system in the reform of administrative trials in railway courts. 法院系统跨区域管辖行政案件的相关工作进行研究;积极完成相关行政诉讼文书救济途径变更等工作,进一步规范办案程序,落实改革事项;及时下发通知到 市级各部门、县(区)、管委会法制工作机构,要求全市行政机关严格根据改革具体规定做好 行政诉讼 工作。 Participated in the Autonomous Region Legislative Affairs Office and the Ningtie Intermediate People's Court Administrative Trial Reform Symposium to study the work related to the cross-regional jurisdiction of administrative cases in the railway court system after the administrative trial reform ; actively completed the work related to the changes in the relief channels of the administrative litigation documents, and further standardized Procedures for handling cases and implementation of reforms; timely notification to municipal departments, counties (districts), and the legal work agencies of the Administrative Committee, requiring the city's administrative organs to do a good job of administrative litigation in strict accordance with the specific provisions of the reform .

Fourth, other work

认真做好涉及土地权属登记、房屋征收拆迁等政府转办文的审查工作。 (1) The Reconsideration Office will do a good job of reviewing government transfer documents involving land ownership registration, house acquisition, and house demolition. 38 件涉及强拆、撤销土地权属证书、土地确权等以市政府的名义作出的行政决定进行审核、提出处理意见。 The Reconsideration Office reviewed and submitted 38 administrative decisions in the name of the municipal government involving forced demolition, revocation of land ownership certificates, and land confirmation. 157 次。 Participated in 157 coordination meetings and demonstration meetings.

(2) Proper handling of letters and visits, information disclosure, resolve social conflicts, and promote stability and harmony. 共接待群众来信来访 5 5 人次 ,均能进行耐心细致的解释疏导工作。 In 2018 , the Reconsideration Office received a total of 55 letters and visits from the masses , and they were able to perform patient and detailed explanations. 16 件,维护公民合法权益,促进社会稳定和谐。 Handled 16 information disclosure matters , safeguarded citizens' legitimate rights and interests, and promoted social stability and harmony.

Organizer: Nanning Justice Bureau

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