SCIO briefing on promoting high-quality development: Ministry of Justice

China.org.cn | October 10, 2024

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Administrative reconsideration is an important means of resolving administrative disputes and ensuring equal legal protection for citizens, legal persons, and other entities. Could you please outline how the MOJ has promoted administrative reconsideration to support high-quality development? Thank you. 

Wang Zhenjiang:

Let's invite Mr. Kong to answer your question. 

Kong Xiangquan:

Thanks for your question. Administrative reconsideration is a supervisory system for government self-correction and a remedy for resolving administrative disputes. It's an important channel for safeguarding the legitimate rights and interests of the public and businesses. The MOJ has been diligently implementing the decisions and deployments of the CPC Central Committee and the State Council. We've diligently performed our duties as the State Council administrative reconsideration agency, comprehensively strengthened administrative reconsideration efforts, and fully utilized administrative reconsideration as the primary means for resolving administrative disputes. These efforts act as a shield for high-quality development. 

First, we've made tangible achievements in substantively resolving administrative disputes. We've promoted revisions to the Law on Administrative Reconsideration, further expanding the scope of administrative reconsideration and bringing more administrative disputes into this process. In the first half of this year, judicial administrative organs at all levels received 292,000 new administrative reconsideration cases and concluded 225,000 cases. The number of new cases increased by 150% year on year, a substantial increase. Following administrative review, 202,000 cases didn't proceed to administrative proceedings. The settlement rate of administrative reconsideration cases reached 89.4%, an increase of 12.6 percentage points compared to 2023. 

Second, we've overseen and promoted strict, standardized, impartial, and civilized law enforcement. We have guided judicial administrative organs at all levels to actively implement the oversight mechanism stipulated in the newly revised Law on Administrative Reconsideration. We've also earnestly strengthened error correction in individual administrative reconsideration cases and the standardization of similar cases. In the first half of this year, 24,000 illegal or improper administrative actions were corrected, with an error correction rate of 13.7%. This effectively addressed several problems, such as administrative inaction, procedural violations and arbitrary fines. In response to common problems in administrative law enforcement, we issued 2,734 administrative reconsideration opinions and suggestions. Additionally, we conducted ancillary reviews of 357 administrative normative documents. 

Third, we've worked to optimize the law-based business environment. Judicial administrative organs at all levels have actively strengthened administrative reconsideration work involving business entities. They handled 2,328 new types of administrative reconsideration cases related to enterprises, including administrative agreements, compensation and competition restrictions. In the first half of this year, we received 31,000 new administrative reconsideration cases filed by various types of business entities and concluded 23,000 of them. This saved 10.17 billion yuan in economic losses for involved businesses, effectively safeguarding their legitimate rights and interests. The MOJ, together with the National Development and Reform Commission and the All-China Federation of Industry and Commerce, launched a nationwide special campaign to support high-quality business development through administrative reconsideration. We proposed 18 specific measures across five areas to comprehensively improve the quality and efficiency of administrative reconsideration work involving businesses. Thank you. 

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