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| Notice of the Supreme People's Court on Issuing the Opinions on Legally Protecting the Right to Sue of the Party to an Administrative Lawsuit | | 最高人民法院印发《关于依法保护行政诉讼当事人诉权的意见》的通知 |
(No.54 [2009] of the Supreme People's Court) | |
（法发〔2009〕54号） |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | |
各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
The Opinions of the Supreme People's Court on Legally Protecting the Right to Sue of the Party to an Administrative Lawsuit are hereby issued to your for your earnest compliance and implementation in light of the actualities of work. | |
现将最高人民法院《关于依法保护行政诉讼当事人诉权的意见》印发给你们，请结合工作实际，认真贯彻落实。 |
November 9, 2009 | |
二○○九年十一月九日 |
Opinions of the Supreme People's Court on Legally Protecting the Right to Sue of the Party to an Administrative Lawsuit | |
关于依法保护行政诉讼当事人诉权的意见 |
Since the entry-into-force of the Administrative Procedure Law, the people's courts have accepted and tried a large number of administrative cases, effectively solved administrative disputes, protected the legitimate rights and interests of the people, promoted the administration by law of administrative organs, and the special functions and role of administrative trial are becoming increasingly conspicuous. However, it is still difficult for ordinary people to file administrative lawsuits, which has become a prominent problem strongly complained about by the people. To incessantly satisfy the increasing judicial demands of the people and effectively solve the problem of refusing to accept cases which should be accepted and refusing to hear cases which have been accepted in administrative litigation, we hereby put forward the following opinions to further emphasize and strengthen the acceptance of administrative cases, legally protect the litigation rights of the parties concerned and effectively solve the difficulty of people in filing administrative lawsuits. | |
行政诉讼法施行以来，人民法院依法受理和审理了大量行政案件，有效化解了行政争议，维护了人民群众合法权益，促进了行政机关依法行政，行政审判的特殊职能作用日益彰显。但是，行政诉讼“告状难”现象依然存在，已经成为人民群众反映强烈的突出问题之一。为不断满足人民群众日益增长的司法需求，切实解决行政诉讼有案不收、有诉不理的问题，现就进一步重视和加强行政案件受理，依法保护当事人诉讼权利，切实解决行政诉讼“告状难”问题，提出如下意见： |
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| I. Effectively enhancing the understanding of the significance of the acceptance of administrative cases | | 一、切实提高对行政案件受理工作重要性的认识 |
The administrative litigation system is one of the most effective and direct legal systems for protecting the interests of the overwhelming majority of the people, is an effective way to solve the conflicts among the people under the new situation and is a crucial means to maintain social harmony and stability. The smoothness of the channel for accepting administrative lawsuits is the premise for effectively bringing into play the functions and role of this sound judicial system. If the right to sue is not protected in an effective way, the legitimate rights and interests of citizens could not be effectively remedied, and the increasing judicial demands of the people could not be satisfied. With the increasingly diversified and complex structure of social interests, especially, due to the impacts of the international financial crisis, administrative disputes are increasing and becoming more complex and diversified, and some of them are characterized by contingency, mass participation and extremeness. Only by smoothing the channel for filing administrative lawsuits, can we direct the people to express claims in a reasonable and lawful way, minimize the factors of social discord, and enhance the understanding and trust between the people and the government. Unsmooth channel for filing lawsuits is bound to result in the increase of appeals to higher authorities and aggravation of irrational acts, which will seriously affect social harmony and stability and impair the functions and role of people's courts in judicial adjudication, namely, “serving the major objectives and administering justice for the people”. The people's courts at all levels shall fully understand the fundamental nature of judicial power, i.e. it originates from the people, belongs to the people, serves the people and subjects to the supervision of the people. And for purposes of carrying out the spirit of the Fourth Plenary Session of the Seventeenth CPC Central Committee and making judicial adjudication serve the people, you should fully understand the significance of the acceptance of administrative cases, earnestly do a good job in the acceptance of administrative cases and effectively solve the difficulty of people in filing administrative lawsuits. | |
行政诉讼制度是保障最广大人民群众利益最有效、最直接的法律制度之一，是新形势下解决人民内部矛盾的一种有效方式，是维护社会和谐稳定的重要手段。行政诉讼受理渠道是否畅通，是这一优良司法制度能否有效发挥功能和作用的前提。诉权保障不力，公民的合法权益就难以有效救济，人民群众日益增长的司法需求就不可能得到满足。随着社会利益格局日益多元化和复杂化，特别是受国际金融危机的影响，行政纠纷日益增多，日趋复杂多样化，有的还呈现出突发性、群体性、极端性的特点。只有畅通行政诉讼渠道，才能引导人民群众以理性合法的方式表达利益诉求，最大限度地减少社会不和谐因素，增进人民群众与政府之间的理解与信任。诉讼渠道不畅，必然导致上访增多，非理性行为加剧，必将严重影响社会和谐稳定，削弱人民法院行政审判“为大局服务，为人民司法”的职能作用。各级人民法院必须充分理解司法权源于人民、属于人民、服务人民、受人民监督的根本属性，从贯彻落实党的十七届四中全会精神和实现司法的人民性的高度，充分认识行政案件受理工作的重要性，认真抓好行政案件受理工作，切实解决行政诉讼“告状难”问题。 |
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| II. Not restricting or reducing the scope of case acceptance without authorization or illegally increasing the conditions for acceptance | | 二、不得随意限缩受案范围、违法增设受理条件 |
Based on China's national conditions and the development degree of rule of law at the present stage, the Administrative Procedure Law and the relevant judicial interpretations prescribe the scope of acceptance of administrative cases in light of the actualities, which serves as the legal basis for the people's courts to accept cases of administrative lawsuits. The people's courts at all levels shall comprehensively and correctly understand and apply it and shall not arbitrarily restrict the scope of acceptance of cases for any excuse. The actionable matters explicitly provided by the Administrative Procedure Law shall not be excluded without authorization. The matters that are not explicitly provided by the Administrative Procedure Law but are authorized by any separate law or regulation shall be accepted in strict accordance with the latter. The specific administrative acts which are not explicitly excluded by any law or judicial interpretation shall fall under the scope of people's courts' acceptance of cases of administrative lawsuits. The people's courts shall not only protect the personal and property right of citizens, legal persons and other organizations, but also shall, as required for guaranteeing rights, legally protect other economic and social rights which are closely relevant to the personal right and property right on which a lawsuit can be filed as prescribed by laws and regulations. The people's courts shall resolutely eradicate various “local policies” restricting the acceptance of administrative lawsuits, and strictly prohibit refusing to accept a certain type of administrative cases that shall be accepted pursuant to law under the excuse of serving the central work of a locality, coping with the financial crisis, etc. The people's courts shall correctly understand and strictly carry out the provisions of the Administrative Procedure Law and the relevant judicial interpretations on the conditions for suing, litigation subject eligibility and time limit for suing, and shall not otherwise prescribe other conditions to restrict the suit of the parties concerned beyond the legal provisions. The people's courts shall correctly handle the relations between the right of action and the right to win a lawsuit, and shall not restrict or deprive of the litigation rights of any party for the reason that his claim is obviously untenable. To accurately handle the relations between pre-litigation coordination and putting the case on file for trial, the people's courts shall not only give full play to the role of pre-litigation coordination, but also shall not make it an extra condition preventing any party from exercising his right to sue. The people's courts shall comprehensively and accurately examine the time limit for filing a lawsuit, and if a lawsuit filed beyond the time limit for suing is not due to the reason of the party filing the lawsuit, shall provide effective remedies according to the specific circumstances of cases.
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行政诉讼法和相关司法解释根据我国国情和现阶段的法治发展程度，设计了符合实际的行政案件受案范围，这是人民法院受理行政诉讼案件的法定依据。各级人民法院要全面准确理解和适用，不得以任何借口随意限制受案范围。凡是行政诉讼法明确规定的可诉性事项，不得擅自加以排除；行政诉讼法没有明确规定但有单行法律、法规授权的，也要严格遵循；法律和司法解释没有明确排除的具体行政行为，应当属于人民法院行政诉讼受案范围。不仅要保护公民、法人和其他组织的人身权和财产权，也要顺应权利保障的需要，依法保护法律、法规规定可以提起诉讼的与人身权、财产权密切相关的其他经济、社会权利。要坚决清除限制行政诉讼受理的各种“土政策”，严禁以服务地方中心工作、应对金融危机等为借口，拒绝受理某类依法应当受理的行政案件。要准确理解、严格执行行政诉讼法和相关司法解释关于起诉条件、诉讼主体资格、起诉期限的规定，不得在法律规定之外另行规定限制当事人起诉的其他条件。要正确处理起诉权和胜诉权的关系，不能以当事人的诉讼请求明显不成立而限制或者剥夺当事人的诉讼权利。要正确处理诉前协调和立案审理的关系，既要充分发挥诉前协调的作用，又不能使之成为妨碍当事人行使诉权的附加条件。要全面正确审查起诉期限，对不属于起诉人自身原因超过起诉期限的，应当根据案件具体情况依法提供有效救济。
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