According to the Ministry of Justice on September 24, since the newly revised Administrative Reconsideration Law was officially implemented on January 1, 2024, the Ministry of Justice received a total of 292,000 new administrative reconsideration cases in the first half of the year, an increase of 150% year-on-year, reaching twice the number of first-instance administrative litigation cases in the same period; 24,000 illegal and improper administrative behaviors were corrected, and 64,000 cases were settled by mediation, reconciliation, and withdrawal of applications; 202,000 disputes were not re-litigated after reconsideration, and the case was closed and the main channel for administrative reconsideration to resolve administrative disputes has achieved new results.

In order to better guide the increasingly in-depth practical exploration of administrative reconsideration in expanding new business areas and applying new procedures and new mechanisms, give full play to the exemplary and guiding role of typical cases, and promote the continuous deepening of the implementation of the newly revised Administrative Reconsideration Law, the Ministry of Justice has selected the third batch of typical cases for the implementation of the newly revised Administrative Reconsideration Law, and now publishes them. This batch of typical cases consists of 6 cases, which reflect the following distinctive characteristics.

First, the standardized supervision of common problems in administrative law enforcement has been further deepened. Administrative reconsideration agencies fully utilize administrative reconsideration change and revocation decisions, administrative reconsideration opinions and other systems, from individual case correction to similar case standardization, and continuously enhance the intensity and depth of supervision of administrative behavior. For example, in Case 2, "Administrative reconsideration case in which a family farm was dissatisfied with the administrative compensation decision of a district people's government in a city in Shandong Province", the administrative reconsideration agency accurately distinguished between administrative compensation and administrative compensation, and revoked and ordered a re-making of administrative compensation decisions with unclear facts and insufficient evidence in accordance with the law, effectively supervising the local government to perform its duties of administrative compensation for wildlife protection. In Case 5, "Administrative reconsideration case in which a power machinery company was dissatisfied with the administrative penalty of a comprehensive administrative law enforcement team for ecological and environmental protection in Chongqing", the administrative reconsideration agency actively performed its duties of supervising administrative behavior in accordance with the law, corrected improper administrative behavior by issuing administrative reconsideration opinions, and proposed suggestions for improving the discretionary criteria and improving law enforcement for common problems in administrative law enforcement found in case handling, so as to prevent administrative disputes from occurring at the source.

Second, the working mechanism for substantively resolving administrative disputes has been further improved. Administrative reconsideration agencies adhere to and develop the "Fengqiao Experience" in the new era, make full use of the new mediation mechanism, ensure that administrative reconsideration mediation documents have the same legal effect as administrative reconsideration decisions, and actively promote the use of mediation to close cases more quickly and resolve disputes more effectively. For example, in Case 3, "Administrative reconsideration case in which a new energy company was dissatisfied with the administrative penalty imposed by the Ecological Environment Bureau of a city in Zhejiang Province", the administrative reconsideration agency prepared an administrative reconsideration mediation document and changed the penalty amount from 600,000 yuan to 200,000 yuan, achieving good results in resolving disputes, restoring the ecological environment, and optimizing the rule of law business environment.

Third, the effectiveness of safeguarding people's livelihood and serving the rule of law needs of the people has been further enhanced. Administrative reconsideration agencies implement the principle of administrative reconsideration for the convenience of the people, and properly handle administrative reconsideration cases involving people's livelihood and the lives of the people by suspending the execution of administrative actions during administrative reconsideration, providing legal aid, and pre-trial mediation, winning wide recognition. For example, in Case 4, "Zhou applied for administrative reconsideration for the change of minimum living security benefits by a certain street office in Shanghai", the administrative reconsideration agency moved the "port" of administrative reconsideration forward, worked with legal aid agencies to promote the resolution of administrative disputes before the case, effectively solved the urgent problems of the masses, and enhanced the masses' sense of gain in the rule of law. In Case 6, "A certain engineering company was dissatisfied with the administrative penalty of the Housing and Construction Committee of a certain district in Tianjin", the administrative reconsideration agency faced the fact that continuing to implement the administrative penalty would directly lead to the interruption and stagnation of the harmless treatment of sludge in the relevant area, affecting the smooth progress of major livelihood projects. It stopped the execution of administrative actions during the administrative reconsideration period in accordance with the law, and promoted the respondent to correct his own mistakes on the basis of clarifying the facts of the case, safeguarding the legitimate rights and interests of the enterprise and ensuring the needs of the people.

Fourth, the functional role of promoting the rule of law in social governance has been further exerted. Through the trial of administrative reconsideration cases, the administrative reconsideration agency provides a fair, open and efficient legal relief channel for hot and difficult issues that are widely concerned by the society, and provides an important guarantee for social harmony and stability. For example, in Case 1, "Tang's administrative reconsideration case in which he was dissatisfied with the response to the complaint and report handled by the Health Commission of a city in Guangdong Province", the administrative reconsideration agency, in response to conflicts and disputes intertwined between administrative disputes and civil disputes, provided the parties with opportunities for face-to-face statements, evidence presentation and cross-examination by performing procedures such as hearing opinions and hearings, thereby promoting the two parties to eliminate barriers and reach an understanding, and achieving the effect of settling disputes.

The third batch of typical cases for the implementation of the newly revised Administrative Reconsideration Law

1. Tang was dissatisfied with the complaint and report handling reply of the Health Commission of a city in Guangdong Province

2. A family farm was dissatisfied with the administrative compensation decision of the People's Government of a district in Shandong Province

3. A new energy company was dissatisfied with the administrative penalty of the Ecological Environment Bureau of a city in Zhejiang Province

4. Zhou was dissatisfied with the administrative reconsideration of the change of the minimum living security benefits by a street office in Shanghai

5. A power machinery company was dissatisfied with the administrative penalty of a comprehensive administrative law enforcement team for ecological and environmental protection in Chongqing

6. Case 1: Administrative reconsideration of a construction company against the administrative penalty imposed by a district housing and construction committee in Tianjin

Administrative reconsideration of Tang against the complaint and report handling reply of a city health and health commission in Guangdong

[Keywords]

Administrative reconsideration hearing, medical dispute, additional third party commissioned appraisal, mediation and settlement

[Basic facts]

The son of the applicant Tang (hereinafter referred to as the patient) was born in a medical institution. Later, he was treated in the medical institution many times because of "neonatal hyperbilirubinemia", and a medical dispute arose between the two parties. On December 16, 2022, the applicant complained to the respondent, a city health and health commission in Guangdong Province, reflecting that the medical institution was suspected of tampering with medical records and that there were serious faults in the diagnosis and treatment of the patient. After the respondent accepted the case, it made a reply letter to the applicant's complaint and report after investigation, and determined that there was no evidence to prove that the medical institution had tampered with the patient's medical records. The applicant was dissatisfied with the reply letter made by the respondent, believing that the respondent's determination of facts was unclear and that the respondent had not fully performed its duties in handling complaints and reports. The applicant applied to the Municipal People's Government for administrative reconsideration, requesting the revocation of the reply letter, a new investigation, and requesting the administrative reconsideration agency to entrust an appraisal agency to appraise the authenticity of the patient's medical records.

¡¾Reconsideration¡¿

The administrative reconsideration agency found in its preliminary review that the applicant in this case submitted many complaints and reports, the medical problems reflected were highly professional, and the parties were in serious conflict. The administrative reconsideration agency promptly protected the applicant's right to review the case files, listened to the applicant's opinions in person and by phone many times, and found out that the applicant had filed a civil lawsuit for medical disputes, but later failed to complete the medical damage appraisal due to doubts about the authenticity of the medical records, resulting in a stagnation in the resolution of civil disputes. Its core demand was to appraise the authenticity of the electronic medical records of the patient to promote the resolution of relevant civil disputes as soon as possible. The administrative reconsideration agency identified the crux of the dispute by listening to opinions, laying the foundation for the effective resolution of disputes.

The administrative reconsideration agency further studied and believed that the administrative dispute in this case originated from a civil dispute between the applicant and the medical institution, and that the medical institution had a vested interest in the outcome of the case. Therefore, the medical institution was added as a third party in accordance with the law and notified to participate in the reconsideration hearing. Considering that the parties had major differences on whether the investigation involved in the case was sufficient and whether the conclusion of the case was correct, in order to fully ascertain the facts, the administrative reconsideration agency organized a hearing. The three parties conducted cross-examination and debate on the focus issue of "whether the authenticity of the electronic medical records of the children should be appraised". The applicant insisted on requiring the administrative reconsideration agency to entrust the appraisal. Although the respondent and the third party agreed to the appraisal, they failed to reach a consensus on the scope of the appraisal and the selection of the appraisal agency. Under the coordination of the administrative reconsideration agency, the three parties finally reached a consensus on the appraisal matters and actively cooperated with the appraisal and evidence collection work. After the appraisal, it was found that there were indeed additions, deletions, and modifications in the electronic medical record data of the children. The appraisal opinion provided the main basis for the subsequent appraisal of medical malpractice damages and the ascertainment of facts in civil disputes. The applicant's core demands were met, and the application for administrative reconsideration was voluntarily withdrawn after mediation. The administrative reconsideration was terminated, and the administrative dispute in the case was settled at the administrative reconsideration stage.

¡¾Typical Significance¡¿

The newly revised Administrative Reconsideration Law has made innovative arrangements for the administrative reconsideration trial procedures, clarifying that the opinions of the parties must be heard in ordinary procedure cases, and hearings should be organized for major, difficult and complicated cases. The administrative reconsideration agency further clarified the facts of the case and fully grasped the case by listening to opinions and hearings, which is conducive to improving the quality of administrative reconsideration. At the same time, it improves the transparency of case trials and provides both parties with the opportunity to state their reasons and communicate their opinions face to face, which is conducive to the elimination of barriers between the two parties and reaching an understanding. The participation of third parties in administrative reconsideration plays an important role in promoting the orderly conduct of administrative reconsideration, effectively clarifying all the facts of the case, and promoting reconciliation between the two parties. In this case, the administrative reconsideration agency unraveled the focus of the dispute through mechanisms and procedures such as listening to the opinions of the parties, adding third parties, and organizing hearings, identified the key issues, and resolved the applicant's substantive demands through commissioned appraisals, providing an important basis for the resolution of relevant civil disputes, achieving the case-handling effect of settling disputes, and playing a positive exemplary role in the high-quality handling of ordinary procedure cases and the implementation of meticulous review of complex cases.

Case 1

Expert Comments

Procedural Guarantees for Substantial Resolution of Disputes in Administrative Reconsideration - Administrative Reconsideration Case of Tang's Dissatisfaction with the Complaint and Reporting Handling Reply of the Health Commission of a City in Guangdong Province

Liu Fei

Dean and Professor of the China-EU School of Law, China University of Political Science and Law

The newly revised Administrative Reconsideration Law has improved the administrative reconsideration trial procedures and stipulated that administrative reconsideration cases shall be "divided into simple and complex procedures". Among them, the ordinary procedure requires hearing the opinions of the parties, and major, difficult and complex cases shall organize hearings, etc. The purpose is to enable the administrative reconsideration agency to fully understand the actual interests behind the parties' application for administrative reconsideration in the process of handling cases, and to use mediation, reconciliation, and supervision of administrative organs' administration according to law to substantially resolve administrative disputes. This case is a typical case of using the new system stipulated in the newly revised Administrative Reconsideration Law to solve the urgent needs of the parties. In this case, Tang's core demand is to identify the authenticity of the electronic medical records of the children, so as to promote the resolution of civil disputes over medical disputes. From the perspective of substantive dispute resolution, the administrative reconsideration agency listened to the applicant's opinions in person and by phone many times, organized hearings in a timely manner, and organized cross-examination and debate on the focus issue of "whether the authenticity of the electronic medical records of the sick child should be appraised", prompting the applicant, the respondent and the third party to reach an agreement on the appraisal matters, which effectively promoted the substantive resolution of administrative disputes.

The hearing system is the core system of modern administrative procedure law. The administrative reconsideration agency should correctly apply the relevant provisions of the newly revised Administrative Reconsideration Law on hearings to ensure the legality of the procedure. However, the Administrative Reconsideration Law does not make clear provisions on what constitutes a "major, difficult and complex administrative reconsideration case", which requires administrative reconsideration personnel to make judgments based on the provisions of the relevant normative documents of the Ministry of Justice and the specific circumstances of the case. Administrative reconsideration cases involving medical disputes are highly professional, and the consequences of diagnosis and treatment have a greater impact on the rights and obligations of the applicant. Some cases also require the introduction of appraisal procedures to conduct judicial appraisals on the establishment, recording, modification, use, preservation and management of electronic medical records. Therefore, it is necessary to organize a hearing for the case, and for the parties to present evidence, cross-examine and state their opinions on the facts of the case, evidence and procedures for administrative actions, so as to more accurately ascertain the facts of the case and achieve a settlement of the case. It should be noted that Article 51, paragraph 3 of the newly revised Administrative Reconsideration Law stipulates: "The person in charge of the respondent shall attend the hearing. If he cannot attend, he shall state the reason and entrust the relevant staff to attend the hearing." This paragraph is similar to the "administrative agency head's appearance in court to respond to the lawsuit system" in administrative litigation. The person in charge of the administrative agency attends the hearing, explains the explanation to the applicant in person, and corrects any problems in administrative law enforcement, which can more effectively respond to and resolve the actual interests of the applicant and resolve administrative disputes in the administrative reconsideration procedure. The relevant administrative agencies should strictly abide by this provision and support administrative reconsideration as the main channel for resolving administrative disputes.

Case 2

Administrative reconsideration case of a family farm dissatisfied with the administrative compensation decision of a municipal district people's government in Shandong Province

[Keywords]

Administrative reconsideration revoked the determination of unclear facts of the administrative compensation for wildlife protection

[Basic facts]

The applicant, a family farm, applied for state compensation for "100,000 yuan loss due to wild ducks eating lotus roots and lotus root seedlings". The Natural Resources Bureau of a municipal district in Shandong Province decided not to accept the application. The applicant filed a lawsuit. On August 20, 2023, the Shandong Provincial Higher People's Court made a judgment, confirming the fact that the lotus roots planted by the applicant were eaten by mallards during the annual food shortage period, and ordered the respondent, a municipal district people's government in Shandong Province, to make an administrative compensation decision on the applicant. On November 20, 2023, the respondent made the "Decision on Making State Compensation to a Family Farm", deciding to compensate the applicant in accordance with the law, with the amount of compensation being 30,000 yuan. The applicant was dissatisfied and applied for administrative reconsideration to the Municipal People's Government, requesting compensation again.

¡¾Reconsideration¡¿

The administrative reconsideration agency reviewed and believed that the "Wildlife Protection Law of the People's Republic of China" (revised in 2018) stipulates that if the protection of wildlife protected by this law causes casualties, crop or other property losses, the local people's government shall provide compensation. In this case, the effective judgment of the People's Court has confirmed the fact that the lotus roots planted by the applicant were eaten by mallards during the annual food shortage period, and the mallards are included in the "National List of Terrestrial Wildlife with Important Economic and Scientific Research Value". The property losses caused by protecting mallards should be compensated by the local people's government. The "State Compensation Application" submitted by the applicant is actually an administrative compensation application. The administrative reconsideration agency explained to the applicant and the applicant expressed acceptance.

The administrative reconsideration agency strives to resolve the dispute through negotiation, but failed to successfully mediate due to the large dispute between the two parties over the amount of compensation. After review, the administrative reconsideration agency held that the respondent, as the local people's government, should bear the responsibility for compensation for the losses incurred in the region due to the protection of national and local key protected wild animals in accordance with the law, and should conduct a comprehensive investigation and verification of the losses of the applicant's crops or other property caused by the mallards. Even if it is impossible to fully restore the situation at the time, it should make a comprehensive judgment on the losses based on the actual number of acres planted, lotus root production, mallard duck activity time, lotus root market price and other facts, and then make a corresponding compensation decision. However, although the respondent stated in the compensation decision that "comprehensively considering the planting situation of a certain family farm, the degree of property damage, the management responsibility of the lotus pond and related supporting materials, the following compensation decision is made...", it failed to provide relevant evidence materials to prove that it conducted a comprehensive investigation and verification. The respondent made a decision on the compensation amount of 30,000 yuan without sufficient investigation and verification, and determined that the facts were unclear and the evidence was insufficient. The administrative reconsideration agency decided to revoke the "Decision on Making National Compensation to a Certain Family Farm" made by the respondent and ordered the respondent to make a new compensation decision. The respondent arranged a hearing and investigation meeting, and invited relevant experts to conduct a comprehensive investigation and verification of the planting situation, degree of damage, management responsibility, etc., and then make a new compensation decision. In this regard, the applicant expressed his approval and actively cooperated in the follow-up work.

¡¾Typical Significance¡¿

State compensation is a system in which the state bears the liability for compensation when the state organs and their staff infringe upon the legitimate rights and interests of citizens, legal persons or other organizations in the process of exercising their powers and cause damage. The newly revised Administrative Reconsideration Law includes administrative compensation in state compensation in the scope of administrative reconsideration. Administrative reconsideration agencies should carefully review and accept and examine them in accordance with the law. At the same time, administrative compensation also involves the protection of legitimate rights and interests, and related disputes should be included in the scope of administrative reconsideration. In this case, the administrative reconsideration agency determined after review that the applicant¡¯s application for state compensation was essentially an application for administrative compensation, and the characterization was accurate. In recent years, the protection of wild animals and plants in various places has achieved remarkable results. Wild animal "accidents" occur from time to time. How to promptly identify, accurately assess and reasonably compensate the damage caused by wild animals has become a must-face issue. In this case, because the respondent failed to conduct a comprehensive investigation and verification of the property damage caused by wild animals and the division of responsibilities, the administrative review authority decided to revoke the administrative compensation decision and ordered the respondent to The applicant made a new compensation decision and supervised the local government's timely and reasonable performance of administrative compensation duties for wildlife protection through the administrative review process, which provided experience and reference for the resolution of similar disputes.

Case 2

Expert Comments

Administrative review authority¡¯s review of performance-oriented administration Acceptance and Review of Compensation Decisions--A family farm dissatisfied with the administrative reconsideration decision of the People's Government of a certain municipal district in Shandong Province

Liu Fei

China University of Political Science and Law CEIBS Law Deans and professors of colleges

The administrative reconsideration authority shall adhere to the principle of comprehensive review when reviewing administrative compensation decision cases, and shall not only review the legality of the compensation decision, but also review the appropriateness of the compensation decision. If the administrative review authority discovers during the review process that the administrative compensation decision is illegal or improper, for example, the determination of the compensation method, items, and amount does not comply with legal regulations, or the decision not to compensate has no legal basis, it may make changes, revokes, or confirm that it is illegal in accordance with the law. decision, and may order the respondent to make a new compensation decision within a certain period of time.

The application for state compensation filed by the parties in this case is actually an application for administrative compensation. In the legal relationship of administrative compensation based on damage caused by wild animals, do the parties have the right to file an administrative review of the administrative compensation decision of the administrative agency? Judging from the provisions on the scope of administrative review in Article 11 of the newly revised Administrative Review Law, it seems that item 5 applies. If you are not satisfied with the compensation decision of the administrative agency, you can apply for administrative review. However, the complete statement of this item is "(5) "I am dissatisfied with the expropriation and requisition decision and the compensation decision made by the administrative agency." This kind of administrative compensation decision is limited to the specific legal relationship of the expropriation and requisition compensation decision made by the administrative agency. Specifically in this case, the government¡¯s decision to compensate for damage caused to wild animals is obviously not a compensation decision for expropriation. But in essence, the government¡¯s decision to make this compensation is fulfilling the corresponding management functions assigned by law. Article 19 of the "Wildlife Protection Law of the People's Republic of China" (amended in 2018) stipulates: "If the protection of wild animals protected by this law causes casualties, crops or other property losses, the local people's government shall provide compensation." This provision clarifies that administrative agencies should perform their legal duties to protect the property rights of the counterparty. Paragraph 11 of Article 11 of the newly revised Administrative Reconsideration Law stipulates that citizens, legal persons or other organizations apply to administrative agencies to perform statutory duties to protect personal rights, property rights, educational rights and other legitimate rights and interests, and the administrative agencies refuse to perform or fail to comply with the law. If it fails to comply or fails to respond, you may apply for administrative reconsideration. In this case, the applicant believes that the local government has not fully compensated it for the losses it has suffered, and can apply for administrative review in accordance with the law.

In addition, regarding the identification and assessment of damage caused by wild animals, how to divide the government¡¯s share of compensation liability is also worthy of attention. In addition to national laws and regulations such as the Wildlife Protection Law of the People's Republic of China, some provinces have also formulated wildlife damage compensation management measures that are applicable to their own provinces based on local realities. For example, Hainan Province stipulates that ¡°In case of loss of crops, economic trees or other cultivated plants, the total amount of loss calculated based on the verified amount of loss and the average market price of the previous year in the city, county (district), or autonomous county where the harmful behavior occurred 60% will be compensated. The calculation method of the loss shall be based on the "Compensation Standards for Damage Caused by Terrestrial Wild Animals". In this case, an effective judgment in the previous administrative litigation recognized the fact that the applicant's lotus roots were eaten by mallard ducks, and also ruled that the respondent, the People's Government of a municipality in Shandong Province, made an administrative compensation decision to the applicant. Under the above premise, the respondent's liability for compensation has been relatively clear, but the specific issue of how to compensate has not yet been resolved. The administrative review authority conducted a comprehensive review of the process of making the above-mentioned compensation decision and determined that the respondent did not provide all the factual evidence for the compensation decision, nor did it fully explain all the supporting bases for the 30,000 yuan administrative compensation decision, so it revoked the decision. Administrative compensation decisions were made and ordered to be made again, effectively supervising the administrative agencies to make administrative compensation in accordance with the law.

Case 3

A new energy company refused to accept the administrative reconsideration of the administrative penalty imposed by the Ecological Environment Bureau of a certain city in Zhejiang Province

[Keywords]

Administrative Reconsideration and Mediation Letter Ecological and Environmental Protection Administrative Penalties Improper Changes

[Basic Case Facts]< /strong>

From June 24 to July 3, 2023, the applicant, a new energy company, stacked plastic tonnage barrels in the open air in the factory area. Because it was not checked in time that the upper lids of the ton barrels were not completely sealed, they were stacked for several days. Rainfall caused the waste emulsion in the barrel to leak to the ground. A small amount of waste emulsion mixed with rainwater flowed into the river through the drainage outlet of the rainwater well in the factory area, resulting

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