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The higher people¡¯s courts of all provinces, autonomous regions, municipalities directly under the Central Government, the Production and Construction Corps branch court of the Higher People¡¯s Court of Xinjiang Uygur Autonomous Region: With the deepening of reform, the social benefit pattern becomes more diversified and complex with each passing day, administrative disputes tend to increase, especially, the mass administrative disputes evoked by such hot social issues as rural land expropriation, demolishment of urban houses, enterprise restructuring, labor and social security and environmental protection of resources, etc, attract more attention. It matters much to the people¡¯s vital interests and social harmony and stability to properly handle mass administrative cases, and the people¡¯s courts at all levels shall attach great importance to it. Therefore, we hereby notify the relevant issues concerning properly handling mass administrative cases as follows: 1. Fully understanding the significance of properly handling mass administrative disputes. We shall, under the guidance of the Decision on Several Major Issues Concerning the Construction of Socialist Harmonious Society made at the 6th plenary session of the 16th Central Committee, earnestly study the Opinions of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on Preventing and Solving Administrative Disputes and Improving the Administrative Dispute Resolution Mechanism and the spirit of the speech delivered by Xiao Yang, the president of the Supreme People¡¯s Court, at the video teleconference of the courts across the whole nation on strengthening administrative trial and properly handling administrative disputes so as to clearly see the rigorous situation that mass administrative disputes increase with each passing day, be fully aware of the significance of properly handling mass administrative disputes, firmly build up the socialist philosophy of ruling by law, accurately define the roles of people¡¯s courts in safeguarding social harmony and stability, effectively increase the sense of responsibility and sense of mission and properly handle mass administrative cases according to law. 2. Attaching great importance to the registration and acceptance work of mass administrative cases. As for a mass administrative dispute brought to the court, if it satisfies the statutory conditions for commencing an action, the court shall register and accept the case according to law in a timely manner and may not close the door on it; if it fails to satisfy the statutory conditions for commencing an action or it does not fall within the jurisdiction of the court, before the handling of the case according to law, the court shall explain the reasons to the plaintiff, inform the plaintiff of the channels for solving the dispute according to law and, in light of the specific situation, notify the relevant departments to do a good job in stabilizing and controlling the situation; as for the political and policy-oriented disputes, in case it is difficult to simply solve them by way of administrative litigation, we shall treat and handle them in a prudent manner and do the best to solve them through the uniform coordination of the local Party committees and governments; the major and complex mass cases that involve large number of people and satisfy the conditions for putting a case on file may be accepted by the intermediate people¡¯s courts or the appointed grass-root people¡¯s courts. In light of different circumstances, the separable mass cases may be put on record and accepted separately. The case filing divisions and administrative divisions of the people¡¯s courts of various levels shall strengthen communication and closely cooperate with each other in the link of registration and acceptance. 3. Earnestly doing a good job in the stabilizing and controlling work of mass administrative cases. Aiming at such characteristics of mass administrative disputes as involving large amount of people, the contradiction is incisive and it is very difficult to handle them well, etc, it is necessary to carry out the work of maintaining stability and preventing contradictions from being intensified through the whole process of a litigious activity. We shall properly, patiently and meticulously handle the relationship between the parties concerned in the links of acceptance, trial, session and execution; as for the possible circumstances affecting stability or the normal trial of cases, especially the major and complex mass cases, we shall do a good job in the forecasting work and earnestly study and formulate corresponding plans to prevent that any grave incident occurs as a result of the intensification of contradictions and determination of the situation. As for the major, complex and influential cases, the presidents and presiding judges themselves may act as chief judges. 4. Actively exploring the mechanism of solving mass administrative disputes by way of conciliation. We shall do our best to solve the cases of mass administrative disputes by way of coordination. We shall, on the basis of conducting legality examination according to law, actively do a good job in coordinating the cases of administrative violation or the cases that are obviously unreasonable, inappropriate and satisfy the conditions for conciliation in light of the free will of the parties concerned, and do our best to persuade the parties concerned to settle the cases by way of conciliation so as to eliminate contradictions, release the opposing sentiment, mediate disputes and make sure that the disputes may be settled once the cases are concluded. 5. Doing the best to realize the organic unification of legal effects and social effects. In handling mass administrative cases, it is necessary to closely connect jurisdiction for people with serving the whole situation, comprehensively consider and balance the interests of all parties concerned. It is necessary to protect the fundamental interests of the most majority of the people and the immediate interests of each citizen, it is also necessary to supervise and support the administrative organs¡¯ administration according to law, proceed from the overall situation, safeguard the implementation of each reform policy and each measure and maintain the economic and social development order. We shall pay attention to the guiding role of judges, display social justice by trying and judging administrative cases and promote the sound development of reform and construction so as to provide strong and reliable judicial safeguard for the construction of socialist harmonious society. 6. Constantly improving the capacity of properly handling mass cases. We shall effectively improve the capacity of coordinating interest relationship, conducting mass work, handling contradictions among the people and maintaining social stability, be particular about the trial art and pay attention to working methods; we shall attach importance to providing necessary litigation guidance for the parties concerned, be good at patiently and meticulously doing well the persuasion and interpretation work, guide the parties concerned to exercise their litigious rights and claim their substantial rights and interests according to law; we shall pay attention to catching the best time for making judgments, release the opposing sentiment of the parties concerned and prevent the contradictions from being intensified or the occurrence of collective complaint; we shall strengthen the reasoning of ruling papers and pay attention to doing the work of interpretation and answering questions well so as to make the parties concerned fully aware of the legal reasoning and submit themselves to the judgments and patch up the suits, and prevent the initiation of any new contradiction. 7. Tightly depending on the Party¡¯s leadership and the government¡¯s support. As for the significant, complex and influential mass administrative cases, we shall initiatively report to the local Party committees in a timely manner and properly handle them according to law under the uniform leadership and coordination of the local Party committees. We shall further strengthen communication and connection with the administrative organs, gain understanding and cooperation from the administrative organs and improve the positive interaction between jurisdiction and administration. As for the problems involving incipient tendency or orientation as reflected in the cases and the problems that may initiate mass cases and may affect social stability, we shall propose judicial suggestions in a timely manner for the Party committees and the governments to take measures in a timely manner so as to prevent and reduce the occurrence of mass administrative disputes from the root. We shall strengthen the coordination and connection with the news media, pay attention to the correct guidance of public opinions and prevent the malicious speculation of mass administrative cases. 8. Strengthening the investigation and research of mass administrative disputes. We shall get to know and grasp the rules and characteristics of mass administrative disputes and pay attention to summarizing the experiences on preventing and properly handling mass administrative disputes. We shall adhere to the major and important case reporting system and report the significant and complex mass administrative cases to the people¡¯s courts of the higher level in a timely manner, which shall make more efforts in guiding the acceptance and trial work of mass administrative cases of the people¡¯s courts of the lower level. The important or sensitive circumstances and problems emerged in the trial work shall be reported to the people¡¯s courts of the higher level in a timely manner. |
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