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| Notice of the Supreme People's Court on Issuing the Opinions of the Supreme People's Court on Intensifying and Improving the Work of Administrative Trial | | 最高人民法院印发《最高人民法院关于加强和改进行政审判工作的意见》的通知 |
(No. 19 [2007] of the Supreme People's Court) | |
(法发[2007]19号) |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the PLA, 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： |
The Opinions of the Supreme People's Court on Intensifying and Improving the Work of Administrative Trial are hereby printed and distributed to you, please implement them by taking into consideration the actual circumstances in the work of administrative trial. | |
现将《最高人民法院关于加强和改进行政审判工作的意见》印发给你们，请结合行政审判工作实际执行。 |
April 24, 2007 | |
2007年4月24日 |
Opinions of the Supreme People's Court on Intensifying and Improving the Work of Administrative Trial | |
最高人民法院关于加强和改进行政审判工作的意见 |
For the purposes of earnestly implementing the spirit of the 6th Plenary Session of the 16th Central Committee of the Communist Party of China (CCCPC), carrying into effect the spirit of the Opinions of the General Office of the CCCPC and the General Office of the State Council on Preventing and Solving of Administrative Disputes and Improving the Mechanism for Solving Administrative Disputes, and the spirit of the 5th Conference of the National Administrative Trial Work, meeting the needs of the social progress of China in the new era, strengthening and improving the administrative trial work, giving full play to the functional roles of administrative trial and providing a more vigorous judicial guarantee to the construction of a harmonious socialist society, the opinions are put forward as follows: | |
为切实贯彻党的十六届六中全会精神，落实中共中央办公厅、国务院办公厅《关于预防和化解行政争议健全行政争议解决机制的意见》及第五次全国行政审判工作会议精神，适应新时期我国社会发展的需要，加强和改进行政审判工作，充分发挥行政审判的职能作用，为构建社会主义和谐社会提供更加有力的司法保障，特提出如下意见。 |
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| I. The significance and urgency of intensifying the administrative trial work in an all-around way | | 一、全面加强行政审判工作的重要性和紧迫性 |
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| 1. In order to reach the goal and accomplish the task of building a harmonious socialist society, a more vigorous judicial guarantee is required for the administrative trial work. It is of great significance to give full play to the functional roles of administrative trial in properly solving the conflicts among the people, maintaining the order of administrative management and the harmony and stability of the society. Especially, under the present new situation where the number of administrative disputes increases continuously and mass administrative disputes attract much more attention, it becomes harder for the administrative trial to solve administrative disputes, protect the citizens' rights and interests, maintain the stability of the society and promote the social harmony. | | 1．实现构建社会主义和谐社会的目标和任务，要求行政审判工作提供更加有力的司法保障。充分发挥行政审判的职能作用，对于妥善处理人民内部矛盾，维护行政管理秩序和社会和谐稳定，都具有极其重要的意义。特别是在当前行政争议数量日益增多，群体性行政争议较为突出的新形势下，行政审判化解行政争议、保护公民权益、维护社会稳定和促进社会和谐的任务更加艰巨。 |
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| 2. The increasing judicial needs of the people require the administrative trial to attach more importance to the impartiality and efficiency. The trend of increasing administrative disputes does not only reflect the diversified and complex structure of social interests, but also that the people's awareness of protecting the rights is incessantly increased and their expectancy of judicial relief is continuously enhanced. With the development of the situation and the acceleration of the pace of construction of rule of law, it becomes more and more often for people seek to solve administrative disputes by way of litigation, and people have set higher and higher requirement for the provision of effective judicial relief. The people's court should, under the guiding policy of “impartial justice and serving the people wholeheartedly”, try the administrative cases in pursuance of law, properly solve administrative disputes, protect the rights of the people with timely relief, mitigate the burden of the people with quality services, eliminate the people's anxiety with rapid trial, protect the people's interests with fair judgments, realize the people's wishes with enforcement, earnestly solve the problem of difficulty to file an administrative lawsuit and provide the people with impartial and timely judicial protection. | | 2．人民群众日益增长的司法需求，要求行政审判更加注重公正与效率。行政争议呈现增多的趋势，不仅反映社会利益格局日益多元化和复杂化，也反映了人民群众依法维权意识的不断提高和对司法救济期待的不断增强。随着形势的发展和法治建设步伐的加快，人民群众通过诉讼渠道解决行政争议的情况将会越来越多，对人民法院依法提供有效司法救济的要求也将越来越高。人民法院必须坚持“公正司法，一心为民”的指导方针，通过依法审理行政案件，妥善化解行政争议，以及时的救济保护民权，以优质的服务减轻民负，以快捷的审判解除民忧，以公正的裁判保障民利，以有力的执行实现民愿，切实解决行政诉讼“告状难”的问题，为人民群众提供公正及时的司法保护。 |
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| 3. The construction of the Party's governing capability requires further elevating the capability of administrative trial. The Decision of the CCCPC about Intensifying the Construction of the Party's Governing Capability has adopted scientific governance, democratic governance and governance according to law as one of the general goals of intensifying the construction of the Party's governance capability. The Party's governance according to law is to be realized mainly by legislation, administration and judicial activities. To attach importance to the intensification of administrative trial is an indispensable requirement for promoting the governance capability of the Party, but also an important guarantee to enhance the governance capability of the Party. The people's courts at all levels and all administrative adjudicators should, in view of the strategy of strengthening the governance capability of the Party, incessantly enhance the capability of administrative trial so as to cater to the earnest needs of solving the administrative disputes and conflicts among the people in the new era. | | 3．加强党的执政能力建设，要求进一步提高行政审判能力。《中共中央关于加强党的执政能力建设的决定》，把科学执政、民主执政、依法执政作为加强党的执政能力建设的总体目标之一。党依法执政的方式，主要是通过立法、行政和司法活动加以实现。重视加强行政审判工作，是提高党的执政能力的必然要求，也是提高党的执政能力的重要保障。各级人民法院和全体行政审判人员，必须从加强党的执政能力建设的战略高度，不断增强行政审判能力，以适应新时期化解行政争议、解决人民内部矛盾的迫切需要。 |
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| 4. To push forward the rule of law in government, it is required to further give full play the active roles of administrative trial in the supervision, maintenance and promotion of administration in pursuance of law. To govern the country and build a socialist country under the rule of law is not only a basic direction of the people's ruling the country under the leadership of the Party, but also an important principle in the Constitution. The administration in pursuance of law is a core content of governing the country according to law. To rule the country in pursuance of law, we should first realize the administration according to law. During the process of building a government under the rule of law, realizing the transformation of government's functions and creating new administration method, the people's courts supervision and urge of the administrative organs' abiding by the legal procedures, correcting the trespass and abuse of powers through the trial of administrative cases have played a positive, irreplaceably important role in satisfying the administrative requirements: “where there is power, there is responsibility; the exercise of power should be subject to supervision; and any violator should make compensations”. At the same time, the people's courts' maintaining the lawful and appropriate administrative acts in pursuance of law and affirming the validity of such administrative acts through the judicial procedure are also a judicial guarantee for the administrative organs to effectively exercise the functions of economic and social administration. | | 4．推进法治政府建设，要求进一步发挥行政审判监督、维护和促进依法行政的积极作用。依法治国、建设社会主义法治国家，不仅是党领导人民治理国家的基本方略，也是一项重要的宪法原则。依法行政是依法治国的核心内容，实现依法治国，必须首先实现依法行政。在建设法治政府，实现政府职能转变和管理方式创新过程中，人民法院通过依法审理行政案件，监督、促进行政机关遵守法律程序，纠正越权和滥用职权行为，对于落实“有权必有责、用权受监督、侵权要赔偿”的依法行政要求，具有积极的、不可替代的重要作用。同时，人民法院对于合法适当的行政行为依法予以维持，通过司法程序确认行政行为的效力，也是对行政机关各项经济社会管理职能得以有效发挥的司法保障。 |
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| 5. After acceding to the World Trade Organization (WTO), the people's courts are required to undertake the new function of judicial review. The WTO Agreement contains definite requirements for the judicial review system of its members. The protocol on China's accession to the WTO Agreement also regards judicial review as an important measure to ensure the implementation of the trade rules, and China made clear commitments and has amended and formulated a large number of laws and regulations as per the requirement of the WTO rules. Moreover, the Supreme People's Court also formulated and promulgated corresponding judicial interpretations and established and improved the corresponding judicial review system. In recent years, administrative cases involving the execution of WTO rules have begun to appear, especially, the administrative cases involving intellectual property rights of foreign parties have increased sharply. The new situation and new tasks have not only enlarged the scope of administrative trial, but also imposed higher requirements for the judicial concepts and judicial level of administrative trial in China. | | 5．加入世界贸易组织，要求人民法院承担司法审查的新职责。世贸组织协定对成员方的司法审查制度提出了明确要求，我国加入世贸组织议定书也将司法审查作为确保贸易制度实施的重要措施，作出了明确承诺，并且按照世贸组织规则的要求，修改和制定了大量的法律法规。最高人民法院也制定发布了相应的司法解释，建立和完善了相应的司法审查制度。近年来，涉及执行世贸组织规则的行政案件已经开始出现，特别是涉外知识产权行政案件大幅增加。新形势和新任务不仅扩展了行政审判的领域，还对我国行政审判的司法观念、司法水平提出了更高的要求。 |
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| 6. Comparing with the requirements of the new situation and new tasks, there are still some problems and poor links in the present work of administrative trial: First, the heads of some courts are not fully aware of the importance of the work of administrative trial and fail to put it on the working agenda. As a result, the administrative trial setup in some few courts is not good enough, they have a weak trial strength, the contingent is not stable enough and the overall quality of the judicial personnel is not high. Secondly, the heads of some courts think that the administrative trial work is a difficult one and has high risks. They are afraid to offend the government or the relevant administrative organs, do not dare to exercise their judicial supervision power, or even though they clearly know the illegal administrative act, but make judgments against their will or transfer the conflicts to a superior level. In addition, some courts are wild about handling non-litigation administrative execution cases, they are not willing to accept or hear administrative litigation cases. Thirdly, the quality of some administrative cases is not high yet, the legitimate rights and interests of the parties concerned cannot be realized in some few cases which have pended for a long time. Fourthly, the phenomenon of illegal interference in the administrative trial exists in some places. The “local policies” restricting the litigation right of the parties concerned have not been eliminated completely. Fifthly, the investigation and research of the new situation and new problems in the administrative trial sector is not sufficient. The aforesaid problems have affected the implementation of the Administrative Litigation Law, impaired the judicial authority and impartial image of the people's courts and restricted the play of the functional roles of administrative trial, so we should pay close attention to them and solve them earnestly. | | 6．按照新形势和新任务的要求，当前行政审判工作还存在一些不相适应的问题和薄弱环节：一是有些法院的领导对行政审判工作重要性的认识还不够高，没有摆到应有的工作议事日程上来，导致少数法院行政审判机构不健全，审判力量不足，队伍不够稳定，审判人员整体素质不高；二是有的认为行政审判难度大、风险大，怕得罪政府或有关行政机关，不敢行使司法监督权，或是明知行政行为违法，却违心裁判，矛盾上交。也有些法院热衷于办理非诉行政执行案件，不愿受理和审理行政诉讼案件；三是有些行政案件的质量还不高，个别案件久拖不结，影响了当事人合法权益的实现；四是非法干预行政审判的现象在一些地方还不同程度地存在，对当事人诉权加以限制的“土政策”还没有彻底清除；五是对行政审判领域出现的新情况、新问题调查研究不够，等等。这些问题影响了行政诉讼法的贯彻实施，损害了司法权威和公正形象，制约了行政审判职能作用的发挥，必须引起高度重视，切实加以解决。 |
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| II. The basic experience and main tasks of the administrative trial work | | 二、行政审判工作的基本经验和主要任务 |
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| 7. During the past years, the people's courts at all levels have summed up and accumulated many valuable experiences in the administrative trial, which mainly include: to protect the lawful rights and interests of the administrative counterparts as the primary task in the administrative trial; to correct deal with the relationship between the supervision and maintenance as an important principle to fully exercise the functions of administrative trial; to adhere to the principle of combining impartiality with efficiency as an important guarantee for the sound development of the administrative trial work; to stick to the unification of legal effects and social effects as a basic requirement for carrying out the administrative trial work; to incessantly improve the judicial environment as an essential requirement for the sound development of administrative trial work; to actively explore new methods for properly solving administrative disputes as a significant guarantee for the new achievements and new development in the administrative trial work; and to uphold the Party's leadership and consciously accept the supervision of the people's congress and of all sides of the society as a fundamental guarantee to do a good job in the administrative trial. | | 7．多年来，各级人民法院总结积累了许多行政审判方面的宝贵经验，主要是：依法保护行政相对人合法权益，是行政审判的首要任务；正确处理监督与维护的关系，是全面发挥行政审判职能的重要原则；坚持公正与效率相结合，是行政审判工作健康发展的重要保障；坚持法律效果与社会效果的统一，是开展行政审判工作的基本要求；不断改善和优化司法环境，是行政审判健康发展的必要条件；积极探索妥善处理行政争议的新方法，是行政审判工作不断取得新成绩、新发展的重要保证；坚持党的领导、自觉接受人大和社会各界的监督，是搞好行政审判工作的根本保障。 |
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| 8. At the present time and during a certain period in the future, the primary tasks of the administrative trial work of the people's courts are: carrying into effect the viewpoint of scientific development under the guidance of Deng Xiaoping's Theory and the important thought of “Three Represents”, sticking closely to the guideline of “impartial justice and serving the people wholeheartedly”, fostering a deep-rooted idea of socialist justice, trying every effort to build an administrative trial system featured by impartiality, efficiency, and authoritativeness, and giving full play to the role and functions of administrative trial in tune with the requirements of “protecting legitimate rights and interests, promoting the governance by law, optimizing the judicial environment, and dissolving administrative disputes” so as to provide a powerful judicial safeguard for the building of a harmonious socialist society. | | 8．当前和今后一个时期，人民法院行政审判工作的主要任务是：以邓小平理论和“三个代表”重要思想为指导，全面落实科学发展观，紧紧围绕“公正司法，一心为民”的指导方针，牢固树立社会主义司法理念，努力建设公正高效权威的行政审判制度，按照“保护合法权益，促进依法行政，优化司法环境，化解行政争议”的要求，充分发挥行政审判职能作用，为构建社会主义和谐社会提供有力的司法保障。 |
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| III. Vigorously protecting the legitimate rights and interests of citizens and promoting the governance by law | | 三、切实保护公民合法权益，促进依法行政 |
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9. The people's courts at all levels shall stick to the theme “impartiality and efficiency” all along, keep to the successful experiences and effective practices in the trial practice, earnestly guarantee and incessantly enhance the quality and efficiency of administrative trial. They should fully understand and correctly implement the relevant provisions of the Administrative Litigation Law and the relevant judicial interpretations, put more effort on the protection of the litigation rights of the opposite parties, accept the administrative cases involving the personal rights and property rights of citizens and those involving other economic and social rights closely related with the personal rights or property rights. They should vigorously resolve the problem of the opposite parties' “difficulty in filing suits” resulting from the failure to accept those administrative cases which should be accepted or the failure to timely accept administrative cases as required by law. They should earnestly solve the problem of low efficiency, long duration and longtime inability to finalize as featured in some administrative cases. Upper level courts should place more efforts on the supervision of the hearing of administrative cases by lower level courts, should resolutely correct those actions of failure to perform administrative trial duties and unlawfully trying cases, and should circulate notices of criticisms and given severe punishments to the cases of vicious impacts.
．．．．．． | | 9．各级人民法院要始终坚持“公正与效率”主题，坚持审判实践中的成功经验和有效做法，切实保证和不断提高行政审判的质量和效率。要全面理解和正确执行行政诉讼法和相关司法解释的规定，加大相对人诉权的保护力度，依法受理涉及公民人身权、财产权的行政案件，依法受理与人身权、财产权密切相关的其他经济社会权利的行政案件。要切实解决行政案件应当受理而不受理，或者不依法及时受理，导致行政相对人“告状难”的问题；切实解决应当撤销违法行政行为而违心迁就、违法办案，损害当事人利益的㈨题；切实解决一些案件审判效率不高，审判周期过长，久拖不结的问题。上级法院要加大对下级法院审理行政案件的监督力度，对不履行行政审判职责和违法办案的行为，要坚决依法予以纠正，对于造成恶劣影响的典型案件要给予通报和严肃处理。
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