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| Notice of the Supreme People's Court on Bringing into Full Play the Function and Role of Administrative Adjudication to Provide Effective Judicial Protection for Safeguarding and Improving People's Livelihood | | 最高人民法院关于充分发挥行政审判职能作用为保障和改善民生提供有力司法保障的通知 |
(No.125 [2008] of the Supreme People's Court) | |
（法[2008]125号） |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, 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，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
The 17th National Congress of the Communist Party of China (CPC) and the Second Plenary Session of the 17th National Congress of the CPC have made a significant deployment for accelerating and promoting the social construction which focuses on the improvement of people's livelihood. In order to implement the ideas set out by the 17th National Congress of the CPC and the Second Plenary Session of the 17th National Congress of the CPC, bring into full play the function and role of administrative adjudication, and provide effective judicial protection for safeguarding and improving people's livelihood, the relevant issues are hereby notified as follows: | |
党的十七大和十七届二中全会对加快推进以改善民生为重点的社会建设作出了重要部署。为贯彻党的十七大和十七届二中全会精神，充分发挥行政审判职能作用，为保障和改善民生提供有力的司法保障，现就有关问题通知如下： |
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| I. Unifying thoughts and enhancing understanding | | |
The Report to the 17th National Congress of the CPC says that: “Social construction is closely related to the people's well-being. More importance must therefore be attached to social construction on the basis of economic growth to safeguard and improve people's livelihood, carry out social restructuring, expand public services, improve social management and promote social equity and justice. We must do our best to ensure that all our people enjoy their rights to education, employment, medical and old-age care, and housing, so as to build a harmonious society. ” This is an important decision and step of our Party to focus on the development of socialism with Chinese characteristics, to push forward scientific development, to promote social harmony, and to realize the goal of building our country into a well-off society in a all-round way. The relationship between judicial adjudication and safeguarding people's livelihood is the closest and the most direct one. The work of judicial adjudication has a direct bearing with the degree of safeguarding and improving people's livelihood. People's courts at all levels shall deeply understand and fully implement the important deployment of the Central Committee of the CPC on safeguarding and improving people's livelihood, firmly establish the awareness of caring for people's livelihood, attaching importance to people's livelihood, safeguarding people's livelihood and improving people's livelihood, take the justice for the people and the maintenance of social equity and justice as the starting and ending points, and bring into full play the important function and role of administrative adjudication in safeguarding and improving people's livelihood. | |
党的十七大报告指出：“社会建设与人民幸福安康息息相关。必须在经济发展的基础上，更加注重社会建设，着力保障和改善民生，推进社会体制改革，扩大公共服务，完善社会管理，促进社会公平正义，努力使全体人民学有所教、劳有所得、病有所医、老有所养、住有所居，推动建设和谐社会。”这是我们党着眼于发展中国特色社会主义，推动科学发展，促进社会和谐，实现全面建设小康社会奋斗目标作出的重要决策和部署。行政审判与保障民生关系最为紧密、最为直接。行政审判工作搞得好不好，直接关系民生的保障和改善程度。各级人民法院要深刻领会、全面贯彻中央关于保障和改善民生的重要部署，牢固树立关注民生、重视民生、保障民生、改善民生的意识，把司法为民和维护社会公平正义作为行政审判工作的出发点和落脚点，充分发挥行政审判保障和改善民生的重要职能作用。 |
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| II. Carrying out fair adjudication and safeguarding people's livelihood | | 二、 |
People's courts at all levels shall carry out the safeguarding and improvement of people's livelihood to each link of both the administrative adjudication and the enforcement of non-litigation administrative cases, give relief to people's rights in a positive attitude, alleviate people's burden by quality services, eliminate people's worries by speedy trial, safeguard people's interests by fair judgment, realize people's wishes by effective enforcement, and effectively maintain, realize and develop those interests that are most concerned by the people and that are the most direct and realistic for the people. | |
各级人民法院要把保障和改善民生贯彻到行政审判和非诉行政案件执行的每一个环节，以积极的态度救济民权，以优质的服务减轻民负，以快捷的审理解除民忧，以公正的裁判保障民利，以有力的执行实现民愿，切实维护好、实现好、发展好人民群众最关心、最直接、最现实的利益问题。 |
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First, lawfully accepting and hearing administrative cases that are closely related to people's livelihood. At present, people's courts at all levels shall do a good job in hearing administrative cases involving the people's income distribution, truly safeguard the income, rights and interests of urban and rural residents, promote the formation of a reasonable income distribution system; shall do a good job in hearing administrative cases in the category of social security, truly protect the people's basic old-age pension, basic medical insurance, minimum living expenses and other legitimate rights and interests of the people; shall do a good job in hearing administrative cases involving basic medical and health issues, truly safeguard people's health, promote the improvement and development of a public health system, a medical service system, a medical security system and a drug guarantee system; shall do a good job in hearing administrative cases of land expropriation and house demolition that involve people's direct interests so as to fairly protect the legitimate rights of the people whose housed are demolished and relocated; shall do a good job in hearing administrative cases involving people's right to education so as to maintain education equity and enable everyone to enjoy education; and shall do a good job in hearing administrative cases involving laborers' rights so as to safeguard and enlarge the implementation of employment development strategies.
．．．．．． | | 一是要依法受理和审理好与民生密切相关的行政案件。当前，要审理好涉及居民收入分配的行政案件，切实保障城乡居民收入权益，推动形成合理的收入分配制度；审理好涉及社会保障类的行政案件，切实保障人民群众的基本养老、基本医疗保险、最低生活保障费等合法权益；审理好涉及基本医疗卫生类行政案件，切实保障人民群众身体健康，推动公共卫生体系、医疗服务体系、医疗保障体系、药品保障体系的完善和发展；审理好关乎人民群众切身利益的土地征收、房屋拆迁行政案件，公平保护被拆迁人的合法利益；审理好涉及受教育权的行政案件，维护教育公平，实现学有所教；审理好涉及劳动权益的行政案件，保障扩大就业的发展战略得到实施。
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