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Opinions of the General Office of the State Council on Strengthening and Improving the Work on Response to Administrative Ligation [Effective]
国务院办公厅关于加强和改进行政应诉工作的意见 [现行有效]
【法宝引证码】

Opinions of the General Office of the State Council on Strengthening and Improving the Work on Response to Administrative Ligation 

国务院办公厅关于加强和改进行政应诉工作的意见

(No. 54 [2016] of the General Office of the State Council) (国办发〔2016〕54号)

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: 各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
For the purpose of implementing the requirement of the Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law with regard to "improving the system for administrative departments to appear in court for administrative litigation in accordance with the law, support courts in accepting administrative cases, and respect and enforce the effective judgments of the courts," ensuring the effective implementation of the Administrative Litigation Law, comprehensively advancing administration by law, and accelerating the development of government by law, with the approval of the State Council, the following opinions on strengthening and improving the work of responding to administrative ligation are hereby offered. 为贯彻落实《中共中央关于全面推进依法治国若干重大问题的决定》关于“健全行政机关依法出庭应诉、支持法院受理行政案件、尊重并执行法院生效裁判的制度”的要求,保障行政诉讼法有效实施,全面推进依法行政,加快建设法治政府,经国务院同意,现就加强和改进行政应诉工作提出以下意见。
I. Attaching great importance to the work of responding to administrative ligation. Responding to administrative ligation is an important system to solve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the performance of powers by administrative departments in accordance with the law, and it is the statutory duty of the administrative departments to effectively conduct the work on responding to administrative ligation. Since the implementation of the Administrative Litigation Law, all regions and all departments have performed the duties of responding to administrative ligation in accordance with the law, and made positively achievements. However, there still exist problems, such as passive responding to administrative ligation, intervention in the acceptance and trial of administrative cases by the people's courts, ineffective enforcement of effective judgments of the people's courts, and weak ability to respond to administrative ligation, and some of them are prominent. All regions and all departments shall, from the perspective of coordinating the advancement of the strategic arrangement of "Four Comprehensives," fully recognize the significance of the effective conduct of the work on responding to administrative ligation to the lawful, timely and efficient resolution of social conflicts and disputes, the regulation of administrative action, and the enhancement of the government itself, put on the agenda the enhancement and improvement of the work of responding to administrative ligation, and practically, effectively conduct the work without delay.   一、高度重视行政应诉工作。行政诉讼是解决行政争议,保护公民、法人和其他组织合法权益,监督行政机关依法行使职权的重要法律制度,做好行政应诉工作是行政机关的法定职责。行政诉讼法施行以来,各地区、各部门依法履行行政应诉职责,取得了积极成效。但消极对待行政应诉、干预人民法院受理和审理行政案件、执行人民法院生效裁判不到位、行政应诉能力不强等问题依然存在,有的还较为突出。各地区、各部门要从协调推进“四个全面”战略布局的高度,充分认识做好行政应诉工作对于依法及时有效化解社会矛盾纠纷、规范行政行为、加强政府自身建设的重要意义,把加强和改进行政应诉工作提上重要议事日程,切实抓紧抓好。
II. Supporting the people's courts in accepting and trying administrative cases in accordance with the law. Administrative departments shall respect the registration and docketing of cases by the people's courts, vigorously support the people's courts in protecting the rights to lawsuit of citizens, legal persons and other organizations, and accept the supervision by the people's court pursuant to the provisions of the Administrative Litigation Law of the administrative departments' lawful exercising of powers, and shall not, in the name of promoting economic development, maintaining social stability, etc. in the form of holding coordination meetings, issuing documents, or making oral requirement, or in any other form, implicitly or expressively make suggestion to the people's courts that they don't accept cases which should be accepted in accordance with the law, or render a judgment that the administrative departments lose the lawsuit, which should be rendered.
......
   二、支持人民法院依法受理和审理行政案件。行政机关要尊重人民法院依法登记立案,积极支持人民法院保障公民、法人和其他组织的起诉权利,接受人民法院依照行政诉讼法的规定对行政机关依法行使职权的监督,不得借促进经济发展、维护社会稳定等名义,以开协调会、发文件或者口头要求等任何形式,明示或者暗示人民法院不受理依法应当受理的行政案件,或者对依法应当判决行政机关败诉的行政案件不判决行政机关败诉。
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