Law

The rule of law password for the "double decline" of administrative case appeal rate and application for retrial rate

2026-03-13   

In 2025, with a significant increase in the number of first instance administrative cases in courts across the country, the number of administrative second instance cases and applications for retrial cases will achieve a 'double decline', and the appeal rate and application for retrial rate will achieve a 'double decline' year-on-year. In addition to settlement methods such as coordination and resolution, 25099 first instance administrative cases will be concluded by judgment, and administrative organs will lose. "Geng Baojian, a member of the Judicial Committee of the Supreme People's Court and the chief judge of the Administrative Trial Division, recently outlined the effectiveness of administrative trial work in 2025 in an interview with the Legal Daily using data. In 2025, the administrative trial line of the national courts will be guided by the concept of "like me in litigation", implementing precise policies, improving quality and efficiency, and injecting strong judicial power into the construction of a rule of law government. The conclusion of the case warms the hearts of the people. We should establish and practice a correct view of political achievements, not judge heroes based on the number of cases handled, adhere to the guidance of practical results, and focus on safeguarding the legitimate rights and interests of the masses. Administrative adjudication strengthens the 'penetrating' judicial thinking, using 'substantive' and 'one-time' as the criteria for resolving administrative disputes, shifting from 'closing the case' to 'closing the case'. ”Geng Baojian said. In 2025, courts across the country will accept over 330000 administrative first instance cases, an increase of over 13% year-on-year, and over 210000 non litigation administrative enforcement review cases, an increase of over 25% year-on-year. Courts in various regions have innovatively launched mechanisms such as "joint trial of similar cases" and "exemplary litigation" to promote the mass resolution of series and group cases. Geng Baojian introduced that the experience of Zhang and seven others in safeguarding their rights is a vivid epitome of substantive dispute resolution. They have filed 133 cases against multiple administrative agencies as defendants, with demands involving multiple aspects such as fire investigation and property liquidation. The court, through a penetrating trial, accurately identified the substantive demand of the parties as the issue of expropriation compensation. Through patient coordination, dispute resolution, legal interpretation and reasoning, a comprehensive resolution was made. Although the number of cases handled was reduced in terms of performance, the "legal knot" was resolved and the "psychological knot" was resolved, and the rights and interests of the expropriated persons were protected in a timely manner. The "first case demonstration+mediation of similar cases" model implemented by Guangxi courts has achieved significant results. In the compensation dispute for the expropriation of the square in front of the high-speed railway station, the court first clarified the judgment standards through the first instance trial, and then carried out mediation for similar cases based on this, promoting the signing of compensation agreements by 1135 expropriated households and achieving a one-time resolution of similar cases. This not only protected the legitimate rights and interests of the masses, reduced the number of cases, but also allowed key projects to proceed smoothly. In addition, various regions have actively played the role of the system of administrative officials appearing in court to respond to lawsuits. With the direct promotion of the main responsible comrades of the Hainan Provincial Party Committee and Provincial Government, the rate of administrative officials appearing in court to respond to lawsuits has reached 99.97% for two consecutive years, promoting the normalization of "reporters appearing in court and making their voices heard". Over the past two years, 2957 administrative disputes have been substantially resolved, laying a harmonious foundation for the construction of the free trade port. Collaborative treatment to overcome difficulties: 'When seeking medical treatment, one may not get sick; when seeking traditional Chinese medicine, one may want to get sick; when seeking medical treatment, one may already be sick.'. The prevention and substantive resolution of administrative disputes at the source is a systematic project that requires the concerted efforts of all sectors of society. ”Geng Baojian quoted an ancient saying to explain the deep logic behind the substantive resolution of administrative disputes. In 2024, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice will jointly establish a "3+N" mechanism for preventing and resolving administrative disputes. Geng Baojian introduced that as the leading party, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice are responsible for top-level design, overall coordination, and unified rules, and have recruited 10 central ministries and commissions to jointly promote the substantive resolution of administrative disputes. In the past two years, significant achievements have been made in mechanism construction: 11 key administrative management field symposium minutes have been compiled and distributed, 61000 words of institutional norms have been established, and standards for administrative law enforcement, administrative reconsideration, administrative trial, and administrative prosecution have been unified; The first joint meeting will be held in June 2025, and the analysis report on administrative litigation cases issued by the Supreme People's Court will be referred to as the "legal examination report" by relevant departments, providing support for precise governance; Two specialized seminars were held, with approximately 600 business backbones participating, effectively enhancing collaborative resolution capabilities. Many regions across the country have adopted the "3+N" working mechanism model to unite efforts and effectively resolve administrative disputes. The Intermediate People's Court of Maoming City, Guangdong Province, did not handle an administrative penalty case for the construction of photovoltaic panels on the roofs of rural houses. Instead, it promoted the introduction of height and reinforcement standards for rooftop photovoltaic panel construction in the local area, turning photovoltaic panels from "illegal buildings" into "sunshine banks" and solving the law enforcement dilemma. After the implementation of the new regulations, more than 6000 new rural photovoltaic filing projects were added in Maoming, and no similar disputes occurred again, forming a governance loop of "case resolution mechanism construction rule improvement". In addition, by 2025, Heilongjiang courts will send 176 judicial suggestions, with a feedback rate of 93.75%; The Liaoning court has established a regular consultation mechanism with the housing and construction departments to promote the resumption of work and production of 80 suspended real estate projects, and to solve the problem of difficulty in obtaining permits for 24400 households. Geng Baojian stated that in the next step, the "3+N" mechanism will further expand its scope and quality, extend to the grassroots level, expand its "circle of friends", strengthen case guidance, and gather more joint forces to support the construction of a rule of law China. The rule of law safeguards and promotes development. Administrative trials are an important force in optimizing the business environment. People's courts supervise administrative agencies to perform their duties in accordance with the law, promote resonance between effective markets and proactive governments, accurately grasp the balance point of 'letting go and managing well', and safeguard the steady development of enterprises. ”Geng Baojian said. In the case of land use tax collection and punishment in a certain company, the Supreme People's Court revoked the improper tax treatment and punishment decision in accordance with the law, clarifying that it is necessary to support tax collection in accordance with the law and protect the legitimate rights and interests of taxpayers, and neither should be neglected. Geng Baojian said, "For administrative organs, we need to be both 'clean' and 'friendly', and remember that the rule of law is the best business environment; for enterprises, the rule of law is the most solid guarantee." In order to stabilize the development expectations of enterprises, the Supreme People's Court has taken multiple measures to break through obstacles and remove barriers: issuing relevant symposium minutes to help build a unified national market; Publish the top ten typical cases of administrative litigation related to market access to promote fair competition; Two batches of typical cases of administrative coercion involving enterprises have been released to clarify the boundaries of law enforcement in response to illegal sealing and seizure. In a case where a real estate company sued a certain city government for the return of compensation for expropriation, the Supreme Court ruled that the city government should pay more than 8 million yuan in compensation, using judicial rulings to "support" private enterprises. At the same time, courts across the country are working together to promote the deepening and implementation of the special action to standardize law enforcement and judiciary related to enterprises. Liaoning courts will resolve 1058 administrative cases related to enterprises by 2025, while Hubei courts will launch a pilot program for self-evaluation and self correction of administrative actions related to litigation, continuously optimizing the legal business environment. Next, administrative trials will continue to strengthen judicial guarantees for the construction of a unified national market, improve long-term mechanisms for regulating law enforcement related to enterprises, strengthen the trial of new types of cases such as technological innovation and industrial upgrading, and stimulate the innovation vitality of market entities. In 2026, the Supreme Court Administrative Court will continue to practice the concept of 'like me in litigation', fully play its administrative trial function, supervise and support law based administration, continuously optimize the rule of law business environment, provide solid judicial guarantees for the start of the 15th Five Year Plan, and safeguard people's happiness and high-quality development with the power of the rule of law. ”Geng Baojian said. (New Society)

Edit:Shenchen Responsible editor:Chenjie

Source:legaldaily

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