The Supreme People's Court issued opinions to further advance the work of diversified resolution of administrative disputes in the people's courts

Beijing, January 20 (CnBC) -- In order to further promote the work of diversified resolution of administrative disputes in the people's courts, the Supreme People's Court recently issued the "Opinions of the Supreme People's Court on Further Promoting the Diversified Resolution of Administrative Disputes" (hereinafter referred to as the "Opinions"). The "Opinions" has a total of 24 articles in five parts, which stipulate the overall requirements, source prevention, front-end resolution, work connection, and organizational safeguards for people's courts to participate in the governance of litigation sources in administrative trial work and promote diversified solutions to contradictions and disputes.

The "Opinions" emphasize that it is necessary to put the non-litigation dispute resolution mechanism in the forefront, prevent and resolve administrative disputes from the source, and promote the governance of the source of administrative dispute litigation. It is necessary to always adhere to the party's leadership, actively strive for government support under the leadership of the party committee and the supervision of the people's congress, and better play the role of the people's courts in participating, promoting, standardizing, and guaranteeing the diversified solution. It is necessary to always adhere to the people-centered approach, earnestly protect the legitimate rights and interests of citizens, legal persons, and other organizations, prevent and substantively resolve administrative disputes, and improve the people's quality of life.

The "Opinions" pointed out that it is necessary to strengthen the prevention of the source of administrative disputes. Participate in the governance of litigation sources from aspects such as administrative legislation, administrative decision-making, administrative law enforcement, comprehensive social governance, internal risk prevention of people's courts, popularization of the law by the whole people, and compliance with the law, and promote the resolution of the source of administrative disputes. It is necessary to promote the front-end resolution of administrative disputes. People's courts shall strengthen the establishment of pre-litigation guidance diversion mechanisms and pre-litigation mediation mechanisms. Guide, encourage and support parties to actively choose non-litigation methods such as administrative settlement, administrative reconsideration, administrative ruling, administrative mediation or application for arbitration to resolve disputes before administrative litigation procedures begin. It is necessary to straighten out the linkage mechanism between litigation and non-litigation for resolving administrative disputes. On the premise of clarifying that cases suitable for mediation should be mediated and that cases suitable for adjudication should be adjudicated, establish and complete content including pre-litigation mediation and pre-litigation evidence preservation, judicial confirmation of pre-litigation mediation agreements, transfer of litigation, determination of non-controversial facts, and penalties for dishonest mediation. At the same time, in order to protect the legitimate litigation rights of the parties, the Opinions make it clear that in cases where the parties have no willingness to substantively resolve disputes, insist on initiating litigation, mediation is protracted for a long time, the handling of cases involves major issues concerning the application of law, and the impartiality of the mediation institution itself is questioned, mediation should be terminated in a timely manner, and on the premise of linking mediation and litigation work, the case shall be transferred to litigation procedures in accordance with the law to ensure the legitimacy of dispute resolution.

The "Opinions" require that people's courts at all levels should attach great importance to the work of diversified resolution of administrative disputes, and promote the establishment and improvement of systems and mechanisms for the management of litigation sources and the diversified resolution of contradictions and disputes. It is necessary to strengthen the organization and leadership of the work of resolving administrative disputes in a diversified manner, enrich the staffing, and improve the working mechanism and the supervision and evaluation system. It is necessary to take the initiative to win the policy support and funding guarantee of local party committees and governments for the reform of the diversified resolution mechanism for administrative disputes. It is necessary to promptly summarize the successful experience of the reform of the diversified solution mechanism for administrative disputes, actively strive for local people's congresses and governments to issue local regulations, rules or normative documents on the work of diversified solutions, institutionalize and legalize the results of reform practice, and promote the healthy development of reform on the track of the rule of law.