The main function and value of administrative reconsideration is to prevent and correct illegal or improper administrative acts and to safeguard the legitimate rights and interests of citizens, legal persons, and other organizations. This year, after the official implementation of the newly revised Administrative Reconsideration Law, the Huangpu District Bureau of Justice and the District Administrative Reconsideration Bureau firmly grasped the original intention of "reconsideration for the people", closely focused on the requirements of the new law, and improved the reconsideration case handling mechanism by focusing on the protection of applicants' rights, so as to comprehensively improve the reconsideration experience of the masses.
Focus on the construction of the external brain and "add color" to the improvement of professional strength
In recent years, there has been a significant increase in the number of administrative reconsideration cases in the fields of health, labor security, housing expropriation, and urban and rural planning in Huangpu. The cases are also characterized by a large number of complex and difficult issues. The Huangpu District Administrative Reconsideration Bureau optimized the composition of the reconsideration committee of the district government, and invited the heads of the Municipal Human Resources and Social Security Bureau, the Municipal Planning and Resources Bureau, the Municipal Health Commission, the Municipal Market Supervision Bureau, the Municipal Urban Management Law Enforcement Bureau, the Municipal Housing Management Bureau and other relevant departments to serve as members, and strengthened the interpretation of administrative law enforcement related policies and promoted the substantive resolution of administrative disputes by giving full play to the business guidance role of the municipal competent authorities. Legal experts and practicing lawyers with professional expertise in the field of administrative law and rich experience in the handling of administrative disputes are further recruited as committee members, providing practical theoretical and practical support for case handling.
The construction of cohesion mechanism "innovates" in improving the quality and efficiency of case handling
Formulate guidelines for the diversion of complicated and simple cases, improve the diversion mechanism of "fine handling of complex cases and quick handling of simple cases", realize the rapid collection and transfer of case materials, and shorten the trial period of simple traffic penalty cases by half. In a traffic penalty reconsideration case, the District Administrative Reconsideration Bureau resolved the case in only 2 working days through the rapid transfer of materials and the rapid adjustment of the case, refreshing the "fastest speed" in the handling of Huangpu reconsideration cases.
At the same time, on the basis of using the reconsideration decision to explain the law and reasoning, the district administrative reconsideration staff took advantage of the opportunity of the applicant's on-site reading to explain the law and reason on the spot, so as to help the applicant understand the laws and regulations and resolve the contradictions simultaneously. Nearly 20% of the cases resolved and concluded this year were cases in which the applicant realized that he had indeed violated the law and voluntarily withdrew the application for reconsideration after reading the case file on the spot.
Aggregate line resources to "improve efficiency" in collaborative dispute resolution
In its work, the district administrative reconsideration bureau further improves the communication and docking mechanism with the departments where the reconsideration cases are concentrated, realizes the "docking of special personnel" for cases, implements the internal review of the administrative organs as soon as possible, and tries to resolve the dispute before the reconsideration is accepted. Mediation is to be carried out throughout the entire process of reconsideration through methods such as active communication by administrative organs, explanations of the law and reasoning by reconsideration organs, and organization and convening of talks. For professional, difficult, similar cases and other issues, the staff listens to the opinions of all parties and jointly resolves disputes. Since the beginning of this year, nearly one-third of the cases that have been concluded have resulted in mediation.
The Huangpu District Bureau of Justice stated that in the future, it will continue to base itself on the functional positioning of the role of administrative reconsideration as the main channel for resolving administrative disputes, continue to improve the supporting mechanism, standardize key working mechanisms such as hearings and case trial meetings, and promote the quality of case handling to a new level.