Shandong Yantai Innovation Create the "130" model to deepen the reform of the administrative reconsideration system

In recent years, Yantai City, Shandong Province has deepened the reform of the administrative reconsideration system, focused on exerting the institutional advantages of justice and efficiency, and convenient for the people. The process of rearing the procedure mechanism of the "3" trial of the jurisdiction is the "130" reconsideration model with the "0" controversy of administrative reconsideration cases. In the past five years, litigation cases caused by administrative reconsideration have dropped from 72 to 51 per year, showing the role of "decompression valve" to resolve social contradictions in administrative reconsideration.

High point positioning to guarantee

Innovate and create a new model of administrative reconsideration

The Yantai Municipal Government attaches great importance to administrative reconsideration and further promotes the reform of the administrative reconsideration system. The Executive Meeting of the Yantai Municipal Government listened to the report every quarter, studied and deployed the city's administrative reconsideration work, regularly notified the city's administrative reconsideration error correction, and comprehensively summarized the existing problems of administrative reconsideration at the end of the year. The city has been formulated the implementation plan of the city's implementation of the reform of the administrative reconsideration system. 130 "Administrative Reconsideration System. On this basis, we will make every effort to strengthen the guarantee of administrative reconsideration work, set up an administrative reconsideration committee, administrative reconsideration consultation, mediation and reconciliation committee, and build a municipal administrative reconsideration hall that integrates consulting, filing cases, hearing, mediation, and trial to promote the area to promote the district The county increases the special funding for administrative reconsideration by more than 20%, and the person with the national legal professional qualifications to enrich the administrative reconsideration team, solving the problems such as personnel establishment, office space, and funding guarantee.

The first and tail connecting the whole process closed loop

Promote the realization of legal and reasonableness

Grasp the two key points of administrative reconsideration and the results, highlight the "1" application and "0" dispute services, so that the masses can feel more convenient and friendly. In the application session, the "1" application runs through, through the municipal administrative reconsideration of the convenience hall, administrative reconsideration and the people contact point, etc., unblock the application channels for administrative reconsideration, and strive to achieve the application for reconsideration. "". At the same time, the "tolerance and shortage acceptance mechanism" is fully implemented. Under the premise that the parties promise to make correction materials within a time limit, they can be accepted and doubtful with the application for administrative reconsideration to achieve "acceptance of acceptance" to maximize the people. In the process of handling, the "0" dispute is used as a hard standard, and the "test gold stone" that is properly resolved in the inspection dispute. For example, a number of residents in a community in Yantai were punished for illegal parking. After the municipal government accepted the application for administrative reconsideration, the two sides immediately organized representatives of the two parties to solve the root cause of parking difficulties and discussed many times. Leave 25 parking spaces to achieve the maximum balance of legal and reasonableness, and completely resolve contradictions and disputes from the source. Since 2019, the 658 administrative disputes resolved by the administrative reconsideration office of Yantai City have been "0".

Pay attention to process tailoring

Strengthen administrative reconsideration supervision and error correction function

Adhere to the big "3" administrative reconsideration and guarantee mechanism, timely correct the illegal or improper behavior of administrative agencies, and resolve administrative disputes steadily. The first is to strengthen the online hearing function. Implement online hearing in administrative reconsideration, submit evidence, online qualifications, online defense, strengthen investigation links, increase the intensity of hearing, and improve the convenience and transparency of case trials. The second is deepening mediation and reconciliation. The introduction of third -party participation, played the professional role of the consulting committee and the mediation committee, and promoted the reconciliation of mediation. Explore the administrative disputes with procuratorial organs, people's mediation, and people's letters and visits to improve the quality and efficiency of administrative reconsideration mediation. For example, in the administrative reconnaissance case of an administrative penalty of a company in Laiyang City, a company did not accept the administrative punishment of the Laiyang Market Supervision and Administration Bureau, the Laiyang Procuratorate sent staff to participate in the supervision and mediation of the case throughout the process, and eventually the two parties reached a mediation agreement. The third is to establish a raising mechanism. Adopt the method of guiding cases, unify the review criteria of the same type of cases, the application of evidence, and the applicable rules of the ruling, establish an eight -type trial system, establish a complete relegation system, and realize the "one ruler measurement of a ruler amount. in the end". For example, after a unit in Fushan District filed an administrative reconsideration of the joint punishment of the nine departments, the Yantai Municipal Government approved the municipal government's jurisdiction by the municipal government in view of the significant case. Maintain the legal rights and interests of the enterprise.

The overall situation around the central service

Create a business environment for rule of law

Adhere to the "four items" system of enterprise -related cases such as the optimization of the business environment, the implementation of the registration filing system, tracking the inspection system, the filing review system, and the guidance and supervision system to achieve "zero disturbance" of serving enterprises and continuously optimize the development environment. By establishing a registered book involved in the enterprise involved in the administrative reconsideration agency of the city and county, the municipal reconsideration agency is followed up and inspected the case and law enforcement basis. Once it is found that intervention may be interfered or affects fair trials, it will provide corresponding reliefs to the enterprise by reducing jurisdiction. The cities and counties establish a system of administrative reconsideration opinions, proposals, special reports and other systems to guide the administrative organs to guide the administrative organs to promote administration according to law. For example, the applicant Xu did not accept the "Answers to Complaints" made by the Yantai Ecological Environment Bureau and filed an application for administrative reconsideration. The reconsideration agency conducted a comprehensive review of the legal authority, law enforcement procedures, and inspection results of the respondent. It was found that the enterprise had not found the situation of self -test and the Municipal Ecological Environment Bureau many times. The legitimate rights and interests of the enterprise have optimized the business environment. Edit 丨 Wang Beibei

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