Law

The Ministry of Justice releases typical cases of administrative reconsideration on the supervision of new employment forms and people's livelihood security in 2026

2026-04-22   

In order to deepen the learning and education effect of establishing and practicing the correct view of political achievements, further strengthen the governance efficiency of administrative reconsideration in the supervision of new employment forms and people's livelihood security, and effectively play the exemplary guiding role of typical cases, the Ministry of Justice has selected and released the 12th batch of typical cases of administrative reconsideration. All along, the Ministry of Justice has always taken the realization, maintenance, and development of the fundamental interests of the broadest people as the highest standard, guiding administrative reconsideration institutions at all levels to fully play the functional role of administrative reconsideration in safeguarding legitimate rights and interests, resolving administrative disputes, and supervising law based administration. In 2025, administrative review agencies at all levels handled a total of 1.115 million administrative review cases, corrected 72000 errors, and mediated 205000 settlements. After review, more than 90% of administrative disputes did not enter litigation or petition procedures, promoting the people's sense of gain, happiness, and security through the rule of law, which is more fulfilling, guaranteed, and sustainable. This batch of cases focuses on hot livelihood issues of public concern, such as the protection of the rights and interests of new employment groups, regulation of new business formats, and implementation of social security policies. The administrative reconsideration organs adhere to the principle of "reconsideration for the people", accurately use error correction, mediation and other methods to correct administrative law enforcement actions, resolve administrative disputes, and fully safeguard and protect the legitimate rights and interests of the people. Clarify legal standards and effectively promote the protection of the rights and interests of workers in new business formats. With the continuous development of the economy and society, new types of workers, mainly including couriers, food delivery drivers, and ride hailing drivers, have become an important force that cannot be ignored in urban operations. Protecting their legitimate rights and interests in accordance with the law has become an urgent social issue that needs to be addressed. The administrative reconsideration organs fully leverage the advantages of a fair and efficient system, scientifically grasp the concept and spirit of laws and regulations, accurately guide law enforcement practices, analyze and judge the characteristics of the rights and interests of new industry workers, further clarify the recognition standards for the protection of the rights and interests of new industry workers, and provide legal support for the legal protection of new industry workers. For example, in case one, "Miao disagrees with the administrative reconsideration case of the Human Resources and Social Security Bureau of a certain economic development zone in Jiangsu Province for not confirming occupational injuries", the administrative reconsideration authority identified the complete workflow of "online standby, order receiving and delivery, return waiting" for food delivery drivers as a necessary component of their work, clarified the boundary for determining "during the execution of platform order tasks", and included injuries that occurred during the return waiting period in the scope of occupational injury protection, effectively solving the problem of occupational injury identification for new types of workers such as food delivery drivers. Clarify law enforcement rules, balance rigidity and flexibility, and standardize the supervision of new industries. New business models such as platform economy are important carriers for the deep integration of digital economy and real economy. Vigorously supporting the high-quality development of new business models cannot be separated from necessary law enforcement supervision, balancing the institutional rigidity of strict law enforcement and the inclusive and prudent law enforcement temperature. The administrative reconsideration authority closely focuses on the legal application issues of new business regulation and law enforcement, conducts in-depth analysis and demonstration of legal application, further clarifies the rules of legal application, and helps improve the accuracy of new business regulation and law enforcement. For example, in Case 2 "Administrative Reconsideration Case of Luo's Refusal to Accept Administrative Penalties from the Urban and Rural Development Bureau of a District in Gansu Province", the administrative reconsideration authority further clarified the different nature between ride hailing and ride hailing services based on the difference between civil mutual assistance and commercial passenger transportation, solved the law enforcement problem of the "one size fits all" regulation of the new form of shared travel, and standardized transportation law enforcement behavior. In Case Three, "Administrative Reconsideration Case of a Company's Refusal to Accept Administrative Penalties from a Transport Bureau in a Certain City, Heilongjiang Province", the administrative reconsideration institution further clarified the applicable standards for the supervision of cross regional operation of ride hailing services, promoted the correction of legal application deviations by administrative agencies, and improved the standardization level of administrative law enforcement. Promote the implementation of laws and assist in ensuring people's livelihoods through legal and inclusive means. Livelihood security is related to the vital interests of the people. To achieve the well-being of the people, it is necessary to make solid decisions and stop disputes, and respond to people's concerns with fairness and justice. The administrative reconsideration organs fully leverage the advantages of convenience and serving the people, promote the correct implementation of social security laws and regulations such as work-related injury insurance and maternity insurance, substantially resolve relevant disputes, and solve urgent and difficult problems for the masses, effectively enhancing their sense of legal gain. For example, in case four "Li disagrees with the administrative review of administrative payments by the Social Insurance Administration Bureau of a county in Sichuan Province", the administrative review agency adhered to the principle of "substantive review is superior to formal review" and promoted the administrative agency to legally protect the work-related injury insurance benefits that the family members of employees who died due to work-related injuries should enjoy. In case five, "Luo disagrees with the administrative review of the unapproved maternity insurance benefits by the medical security bureau of a certain city in Yunnan Province", the administrative review agency collaborated with relevant functional departments to further clarify the legislative intent of the legal provisions involved in the case, promptly respond to reasonable demands from the public, and effectively solve the practical difficulties of reimbursement for maternity insurance for the public. In case six, "Yang Moumou disagrees with the administrative review of the social insurance service center's administrative payment in a county in Shandong Province", the administrative review authority included the situation where the court issued a "termination of this execution ruling" in the scope of advance payment for work-related injury insurance, providing advance payment for applicants who have no property available for execution by the employer, and realizing the guarantee function of this livelihood policy. (New Society)

Edit:Linian Responsible editor:Shenchen

Source:legaldaily

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