In 2024, the Ministry of Justice issued Document No. 1, emphasizing that administrative cases should pay attention to mediation and the resolution of actual disputes in cases, so that the problems faced by the people can be effectively solved and benefits! It has been deliberated and approved by the office meeting of the Minister of Justice, and the following is the chief lawyer Shi Xining of Beijing Jingkang Law Firm to tell you what benefits these documents have for us!
Lawyer's interpretation
1. What is administrative reconsideration mediation?
First of all, let's lift the veil of "administrative reconsideration mediation". To put it simply, if you are dissatisfied or unfair with a decision made by a government agency (such as a fine, permit, etc.), you have the right to apply to the local government for a review, which is called "administrative review". "Mediation" means that in this review process, a professional third party (such as the judicial department) intervenes to help both parties – you and the administrative authority – sit down, negotiate calmly, and find a mutually acceptable solution, so as to avoid the escalation of the conflict and achieve a peaceful resolution of the dispute.
2. The great significance of administrative reconsideration mediation
1. "Green Channel" for Protecting Citizens' Rights and Interests
Administrative reconsideration mediation provides a convenient and efficient way for ordinary people to protect their rights. In the face of possible administrative misconduct, you do not have to directly go to court and bear the pressure and cost of litigation, but can use the mediation mechanism to obtain reasonable compensation for rights and interests or the correction of administrative actions in a softer and more economical way. It's like building a bridge between you and the administration, so that your voice can be heard and your rights and interests are respected.
2. Promote fair and transparent administrative decision-making
Administrative reconsideration mediation emphasizes the principles of openness, fairness, and impartiality, which is conducive to improving the level of administration according to law of government organs. When your appeal is properly handled through mediation, it is actually a kind of supervision and reminder to the administrative authorities, prompting them to reflect on and improve their work, prevent similar problems from happening again, and promote more fair and transparent administrative decision-making, which is in line with public expectations.
3. Achieve social harmony and stability
If administrative disputes are not resolved in a timely and effective manner, they are likely to cause social contradictions and affect social stability. Administrative reconsideration mediation is like a "fire extinguisher", which can extinguish the "flame" of administrative disputes in a timely manner, avoid the escalation of contradictions, and maintain social harmony. In this way, our living environment will be more tranquil, and the relationship between our neighbors and the government and the people will be more harmonious.
3. Use administrative reconsideration mediation to protect your own rights and interests!
1. Know the right: First of all, you must be clear that you have the right to apply for reconsideration in the face of administrative acts. You can pay more attention to the knowledge of laws and regulations, or pay attention to our official account, and we will regularly share relevant legal information to help you enhance your legal awareness.
2. Timely action: If you believe that an administrative act infringes on your rights and interests, you should file an application for reconsideration as soon as possible within the statutory time limit (usually within 60 days from the date of knowing or should have known about the administrative act) to avoid missing the statute of limitations.
3. Seek professional assistance: Although the administrative reconsideration mediation procedure is relatively simple, there may still be some legal issues to face in practice. If necessary, you can consult our lawyers, and we will provide you with professional guidance and support.
To sum up, the Ministry of Justice issued a document in Document No. 1 2024 emphasizing that it is necessary to vigorously promote administrative reconsideration and mediation, provide a more friendly and efficient administrative dispute resolution platform for the general public, and let the legitimate rights and interests of the people be effectively protected under the sun.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.