Opinions of the General Office of the State Council on Strengthening and Improving Responses to Administrative Proceedings

Opinions of the General Office of the State Council on Strengthening and Improving Responses to Administrative Proceedings
Opinions of the General Office of the State Council on Strengthening and Improving Responses to Administrative Proceedings

Guo Ban Fa [2016] No. 54

June 27, 2016

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of and all institutions directly under the State Council:

Upon approval by the State Council, the following opinions are hereby given on strengthening and improving responses to administrative proceedings in order to meet the requirements for "building a system that enables administrative organs to respond to proceedings in court, supports courts to accept and hearing administrative cases, and promotes respect for and the implementation of judicial decisions" as stated in the Decision of the Central Committee of the Communist Party of China on Several Key Issues concerning the Comprehensive Advancement of the Rule of Law, to guarantee the effective implementation of the Administrative Procedure Law, to comprehensively promote law-abiding administration and to speed up the construction of a law-based government.

I. Attach great importance to responses to administrative proceedings. Administrative proceedings are important legal systems for solving administrative disputes, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and for supervising the lawful exercise of functions and authority by administrative organs. Responses to administrative proceedings constitute a statutory duty of administrative organs. Since the implementation of the Administrative Procedure Law, all the regions and all the departments have achieved active results in fulfilling the duty of responding to administrative proceedings in accordance with the law. However, such problems still remain as negative responses to administrative proceedings, intervention in the acceptance and hearing of administrative cases by people's courts, insufficient implementation of effective judgments of people's courts and weak capability to respond to administrative proceedings. Among them, some are even outstanding. All the regions and all the departments shall cooperate in promoting the strategic layout of the "Four Comprehensives", become fully aware of the significance of responses to administrative proceedings for lawfully, timely and effectively settling social conflicts, regulating administrations and intensifying the self-construction of governments, and shall give priority to and make effective efforts in the work to strengthen and improve responses to administrative proceedings.

II.
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