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| Notice of the Supreme People's Court on Issuing the Several Opinions on Doing a Good Job in the Administrative Trials under the Current Situation | | 最高人民法院印发《关于当前形势下做好行政审判工作的若干意见》的通知 |
(No. 38 [2009] of the Supreme People's Court) | |
（法发〔2009〕38号） |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the PLA; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uigur 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： |
We hereby issue the Several Opinions of the Supreme People's Court on Doing a Good Job in the Administrative Trials under the Current Situation to you. Please earnestly implement them in light of work actualities. | |
现将最高人民法院《关于当前形势下做好行政审判工作的若干意见》印发给你们，请结合工作实际，认真贯彻落实。 |
June 26, 2009 | |
二○○九年六月二十六日 |
Several Opinions of the Supreme People's Court on Doing a Good Job in the Administrative Trials under the Current Situation | |
关于当前形势下做好行政审判工作的若干意见 |
Since the outbreak of the international financial crisis, the Central Government has adopted a series of correct and effective response policies and package plans, as a result of which some positive changes have taken place in the economic operation, the number of favorable conditions and positive factors have increased and the overall situation has become stable and better. In the meantime, we must realize that good preparations need to be made for coping with various difficulties and complex situations in a rather long period of time in order to solidify and develop the stabilizing and better-off trend. Some of the contradictions and problems arising in this period have changed into administrative disputes, and some of them are characterized by contingency, mass participation and extremeness. Actively responding to new situations and new problems triggered by changes in economic and social status, directing the general public to express claims in a reasonable and lawful way, timely and appropriately resolving administrative disputes and providing a judicial guarantee for the implementation of the guideline of “maintaining growth, protecting people's livelihood and ensuring stability” have become the focus of the administrative trial work of the people's courts at present and for some time to come. We hereby put forward the following opinions on several issues concerning doing a good job in the administrative trials under the current situation by the people's courts: | |
国际金融危机发生以来，中央采取了一系列正确有效的应对方针和一揽子计划，经济运行出现积极变化，有利条件和积极因素增多，总体形势趋稳向好。同时也必须看到，巩固和发展趋稳向好的形势，需要做好在较长时间内应对各种困难和复杂局面的准备。在此期间产生的一些矛盾和问题，有些已经转化成行政纠纷，有的还呈现出突发性、群体性、极端性的特点。积极应对经济社会形势变化引发的新情况、新问题，引导群众以理性合法的方式表达利益诉求，及时妥善化解行政纠纷，为“保增长、保民生、保稳定”方针的贯彻落实提供司法保障，已成为当前和今后一个时期人民法院行政审判工作的重点。现就当前形势下人民法院做好行政审判工作的若干问题，提出如下意见： |
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| I. Unifying ideas, enhancing awareness and consciously obeying and serving the overall objective of “maintaining growth, protecting people's livelihood and ensuring stability” | | 一、统一思想，提高认识，自觉服从、服务于“三保”大局 |
During the especially difficult period in the wake of the financial crisis, the people's courts shall, in their administrative trial work, more adhere to the outlook of scientific development, stick to the guiding ideas of “three top priorities”, and actively provide a judicial guarantee for and serve the primary tasks of the Party and the state. The people's courts shall accurately keep abreast of new developments and new changes of the economy and society under the impact of the financial crisis, earnestly study the characteristics and modes of government behaviors during the especially difficult period, deeply understand the difficulties and demands of the general public under the current situation, pay close attention to the status and trend of new types of administrative disputes, and actively explore the ideas and methods which serve the overall objective of “maintaining growth, protecting people's livelihood and ensuring stability”. The people's courts shall take the implementation of the guideline of “maintaining growth, protecting people's livelihood and ensuring stability” as an important goal of the administrative trial work, and regard helping to realize the aforesaid objective as an important standard for assessing the administrative trial work. | |
在金融危机冲击下的特殊困难时期，人民法院的行政审判工作要更加坚持科学发展观，更加坚持“三个至上”的指导思想，积极主动地为党和国家的首要任务提供司法保障和服务。要准确把握金融危机冲击下经济社会形势的新发展、新变化，认真研究特殊困难时期政府行为的特点和方式，深入了解当前形势下人民群众的困难和需求，密切关注新类型行政纠纷的动向和态势，积极探索为“三保”大局服务的思路和办法。要把落实“三保”方针作为行政审判工作的重要目标，把有利于实现“三保”目标作为评价行政审判工作的重要标准。 |
The people's courts shall properly handle the relations among maintaining growth, protecting people's livelihood and ensuring stability, which are a dialectical unity, and while ensuring the effective implementation of various countermeasures, prevent the lawful rights and interests of the general public from being damaged by abuse of powers and especially prevent mass incidents caused thereby which affect the social stability. | |
要妥善处理好“保增长、保民生、保稳定”三者之间的辩证统一关系，既要保证各项应对措施落实到位，又要保证人民群众的合法权益不因权力违法滥用而受损，更要着力避免由此引发群体性事件，影响社会稳定。 |
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| II. Giving full play to the role of judicial guarantee and legally supporting various policies and measures adopted by administrative organs for coping with the financial crisis | | 二、充分发挥司法保障作用，依法支持行政机关为应对金融危机而采取的各项政策、措施 |
The people's courts at all levels shall effectively raise their awareness of serving the overall objective, and carefully hear administrative lawsuits caused by the countermeasures for coping with the financial crisis. The people's courts shall profoundly comprehend all fundamental policies, guidelines, decisions and deployments of the Party and governments, fully understand the backgrounds of relevant policies and measures, closely track and analyze situations and developments, timely adjust the ideas and methods for the administrative trial work to serve the overall objective, and pay attention to overcoming the tendency of handling a case just for the case's sake or handling a case in an isolated way. | |
各级人民法院要切实增强为大局服务的意识，认真审理好因金融危机应对措施引发的行政诉讼案件。要深刻领会党和政府的各项大政方针、决策部署，全面了解相关政策、措施的出台背景，密切跟踪分析形势，及时调整行政审判为大局服务的思路和方法，注意克服就案办案、孤立办案的倾向。 |
The people's courts shall fully respect the choices and judgments made by the administrative organs, from the standpoint of scientific development and under the principle of helping to realize the objective of “maintaining growth, protecting people's livelihood and ensuring stability”. The people's courts shall, on the basis of legality examination, legally maintain and support the administrative actions taken by the administrative organs in stimulating domestic demands, promoting development of enterprises, implementing active financial policies and moderately easy monetary policies, cutting down items subject to administrative licensing or administrative examination and approval, preventing financial risks, etc. | |
要着眼于科学发展，本着有利于实现“三保”目标的原则，充分尊重行政机关的选择和判断。对于行政机关在拉动内需、促进企业发展、实行积极的财政政策和适度宽松的货币政策、压缩行政许可和行政审批事项、防范金融风险等方面实施的各项行政行为，在坚持合法性审查的基础上依法维护和支持。 |
For cases caused by administrative guidance or policy adjustment, the people's courts shall not only pay attention to protecting the reliance interest and fair competition of various enterprises to build an honest and trustworthy government, but also take into account the changes of situation resulting from the financial crisis. They shall give full consideration to the operational characteristics of administrative powers in the special period, and appropriately handle the relations among national interests, public interests and individual interests. | |
对于因行政指导或政策调整而引发的案件，既要注意保护各类企业的信赖利益、公平竞争，促进政府诚实守信，也要考虑因金融危机而导致的情势变更因素，充分考虑特殊时期行政权的运行特点，妥善处理好国家利益、公共利益和个人利益的关系。 |
The people's courts shall lawfully and cautiously accept and hear administrative cases about government information disclosure, and correctly handle the relationship between disclosure and exception. The people's courts shall not only protect the rights to information, participation, expression and supervision of citizens, legal persons and other organizations to promote open government affairs and build a service-oriented government, but also pay attention to the proper time, objects and scope of information disclosure to ensure that no government information disclosure will compromise the national security, economic security, public security and social stability. | |
要依法慎重受理和审理政府信息公开行政案件，正确处理公开与例外的关系。既要保障公民、法人和其他组织的知情权、参与权、表达权、监督权，促进政务公开和服务型政府建设，又要注意把握信息披露的时间、对象和范围，保证政府信息公开不危及国家安全、经济安全、公共安全和社会稳定。 |
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III. Correctly handling the relationship between application of laws and implementation of policies and endeavoring to realize the organic unity of legal effects and social effects
．．．．．． | | 三、正确处理适用法律与执行政策的关系，努力实现法律效果与社会效果的有机统一
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