laitimes

【Longjiang Political and Legal Practice】The government and the court have made concerted efforts to set sail to promote the resolution of administrative disputes before litigation and mediation before they occur

author:Ping An Heilongjiang
【Longjiang Political and Legal Practice】The government and the court have made concerted efforts to set sail to promote the resolution of administrative disputes before litigation and mediation before they occur

In recent years, the Jixi Municipal Party Committee and Municipal Government have adhered to the people-centered development philosophy, firmly established the concept of active performance of duties in the new era, practiced the "Fengqiao experience" in the new era, built a government-court linkage mechanism, strengthened the coordination and linkage between government functional departments and courts, promoted the superposition of the efficiency of administration according to law and fair justice, smoothed the communication channels between the government and the court, built a bridge of interaction between the government and the people, responded to judicial needs, resolved contradictions and disputes, and promoted the resolution of administrative disputes at the source, diversification and substance.

Start the "new engine"

Create an upgraded version of the government-hospital linkage

High-level planning, full-level coverage. With the full investment of the government and the support of the court in accordance with the law, the linkage mechanism of the Jixi Municipal Government and the People's Court has established a high-standard organizational structure with the executive vice mayor of the municipal government and the president of the Municipal Intermediate People's Court as the "double team leader", the director of the Municipal Bureau of Justice and the executive vice president of the Municipal Intermediate People's Court as the "double director", and the "top leaders" of the six districts and 33 municipal organs under the jurisdiction of the city as members. The main leaders personally arranged the deployment, meeting scheduling, high-level decision-making, and efficient operation, and made every effort to create a new pattern of "party committee leadership, government leadership, court linkage, and multi-party participation". Wide-field linkage and normalized operation. Focusing on the six major work contents of the government-hospital linkage mechanism, Jixi City has gradually formed the "Jixi Model" (i.e., "1+4+N") of government-hospital linkage that focuses on "one main line", expands "four dimensions", and absorbs "multi-party participation", and in June 2022, it established the province's first full-field linkage entity operation department - "Jixi City Pre-litigation Mediation Center for Administrative Organs" (hereinafter referred to as the "Litigation and Mediation Center") All pre-litigation mediation cases involving administrative organs are first imported into the litigation and mediation center for mediation, and administrative disputes are vigorously urged to be resolved before litigation, so as to add to the stability of the grassroots level and subtract the pressure of the court's trial. Since its operation, the Litigation and Mediation Center has successfully mediated 52 cases transferred by courts at two levels. Multi-department linkage, efficient resolution. Strengthen the benign interaction between the judiciary and the administration, coordinate administrative, judicial, and social resources, establish a pre-litigation "one-to-one" docking mechanism, implement a system for coordinating the handling of major cases, and use the "pre-litigation mediation + government-court linkage" model, with the help of "administrative reconsideration + administrative mediation", the government and the court work together to solve similar cases and source governance problems, and continuously improve the efficiency of substantive resolution of administrative disputes. Since 2023, the mediation rate of administrative reconsideration cases has reached 49.16%, and the pre-litigation mediation rate involving administrative organs has reached 42.11%.

【Longjiang Political and Legal Practice】The government and the court have made concerted efforts to set sail to promote the resolution of administrative disputes before litigation and mediation before they occur

Igniting the "Booster"

Build a new situation of rule of law government

Take a good "compulsory course" for rule of law thinking. Take the lead in leading cadres to learn, convene meetings to learn in depth, online and offline synchronous learning, contact work integration and other forms to enhance the awareness of administration according to law. Since June 2022, the Standing Committee of the Municipal Party Committee and the executive meeting of the government have carried out 50 pre-session law studies, and the party committees (party groups) at all levels in the city have carried out more than 650 pre-session law studies, the courts at the two levels have taught and lectured on the law for administrative organs 22 times, with more than 860 people participating, 79 court hearings have been organized and more than 850 people have participated, and 7 government and court training sessions have been held, with more than 1,600 people participating. Tighten the "tight spell" of administrative law enforcement. Formulate the "Jixi City Administrative Law Enforcement Negative List Negative List Compilation" covering 33 law enforcement departments and more than 180 issues, compile the application manual (compilation) involving more than 2,500 legal knowledge that should be known to 35 law enforcement departments, and organize more than 380 law enforcement personnel in the city to participate in business training courses to promote the further improvement of administrative law enforcement capabilities. Build a strong "firewall" in accordance with laws and regulations. Since the launch of the government-court linkage mechanism, administrative adjudication has shown a good trend of "two lows and one high" with a decrease in the number of administrative cases, a decrease in the rate of administrative organs losing cases, and an increase in the rate of parties accepting judgments and ending litigation. The filing rate of administrative normative documents is 100%, the rate of the person in charge of the administrative organ appearing in court to respond to the lawsuit is 100%, and the city's 36 government departments have achieved full coverage of legal counsel, and the level of administration according to law has been further improved.

【Longjiang Political and Legal Practice】The government and the court have made concerted efforts to set sail to promote the resolution of administrative disputes before litigation and mediation before they occur

Make good use of "gas stations"

Add new momentum to optimize business operations

The government and the hospital have joined hands to "execute", and the enterprise has been revitalized. The courts at the two levels and the relevant administrative departments jointly established a "five-in-one" credit restoration mechanism, and 281 (secondary) untrustworthy enterprises were able to relieve their difficulties and loosen their constraints, turning the "cold" law enforcement into a "hot" legal assistance. The government revitalized the "bankruptcy", and the enterprise was reborn. The municipal government set up a bankruptcy fee assistance fund of 1 million yuan to inject "hot kinetic energy" into the development of enterprises with the "warm service" of the government-hospital linkage. The government and the court focus on "mediation", and enterprises protect their rights and avoid risks. Under the role of the government-court linkage mechanism, the province pioneered the collaborative linkage mechanism of "pre-litigation mediation + notarization + court enforcement", which endowed the enforceability of creditor's rights documents through notarization, reduced the burden of corporate litigation, and created an "ecosystem" of litigation source governance in the financial industry with the "better solution" of government-court linkage.

Editor: Lu Jingye

Review: Jia Yongzhe

Producer: Fan Delong, Cui Dongkai