Data Map
According to Hainan Daily, on the morning of December 10, a special "civilian official" lawsuit aroused social attention. Oriental Oasis Industry Co., Ltd. held a public trial of the Hainan Provincial People's Government's administrative reconsideration case. With the authorization of the governor Feng Fei, the deputy governor Wang Bin appeared in court as the head of the provincial government.
It is reported that This is an administrative case in response to the prosecution of Hainan Province as the head of the administrative organ as the head of the administrative organ. It is reported that Oriental Oasis Industry Co., Ltd. did not accept the administrative reconsideration of the provincial government on the issue of land ownership in August 2021. On September 17, 2021, an administrative lawsuit was filed with the Second Intermediate People's Court of Hainan Province.Wu Wanxian, the chief judge of the case and the president of the administrative court of the Second Intermediate People's Court in Hainan Province, introduced that after the court accepted the case, he delivered lawsuit documents such as the case of subpoena to the provincial government in accordance with the law.
According to relevant laws, in the administrative lawsuit, the person in charge of the administrative organs of the administrative organs shall appeal in court and cannot appear in court.After receiving the relevant documents of the court, the Hainan Provincial Government attached great importance to it. The governor Feng Fei authorized the deputy governor Wang Bin to appeal in court as the head of the provincial government.
At 9 am, the trial began.The court organized the reconsideration decisions made by the parties to the provincial governments to decide whether it was legal, and whether there were facts made by the Oriental Municipal Government's handling decision to investigate and debate based on the two focal issues.The entire trial lasted for nearly 2 hours.Finally, the director of the trial announced that the case would be selected.
"Regardless of the results of the case trial, the Provincial Government will respect and strictly fulfill the effective judgment of the people's court." Wang Bin said that in the future, the Hainan Provincial Government will resolutely implement the implementation of the construction and implementation of the government of the rule of law in Hainan Province in the future.Plan (2021-2025), firmly establish awareness of decision -making in accordance with the law, strictly make decisions in accordance with legal authority and procedures to ensure that the decision -making content meets the provisions of laws and regulations and national policies.Supervision, mass supervision and public opinion supervision, and jointly build a business environment for the rule of law, internationalization, and facilitation of Hainan free trade. "
The plaintiff's acting lawyer said that Deputy Governor appeared in court to convey positive signals of government administration in accordance with the law.Although he is the plaintiff's acting lawyer, he really has a complaint for the provincial government leaders.
Wang Bin was the director of the Ministry of Natural Resources's Marine Strategy Planning and Economic Department, and was the deputy governor of Hainan Province in December last year.He is responsible for natural resources, planning, national religion, market supervision, drug supervision, intellectual property, and forestry.
In administrative litigation cases, it is relatively rare for deputy governors to appear in court.
On April 11, 2016, Chen Mingming, then deputy governor of Guizhou Province, showed his identity document to the Guiyang Intermediate People's Court, as the head of the administrative organ to participate in the lawsuit.
According to media reports at the time, the person in charge of the provincial government appeared in court, which was the first case in the country.Xinhua News Agency commented that Deputy Governor's appearance in court responded to the practice of the New Administrative Procedure Law and it is worthy of praise.Because only more and more officials who have appeared in court, no matter how big the officials can sit on the defendant, can people more experience the "equal people in front of the law" and can feel the sacredness of the law more truly.
According to Xinhua News Agency, in February 2018, the Supreme Law issued an interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China (explanation of the lawsuit) to further unify the "civilian officials" case specifications, Clear and detailed.
At the time of the Supreme Court Deputy Court of the Court, the newly introduced by the Supreme Court, The judicial interpretation clarified the meaning of "staff of administrative agencies" to ensure that "the officials and officials were brought to officials." That is, the "corresponding staff of administrative agencies" stipulated in Article 3, paragraph 3, paragraph 3 of the Administrative Procedure Law, including the staff of the administrative organs with national administrative establishment and other personnel who perform public office in accordance with the law.The administrative act was made by the local people's government. The staff of the legal system of the local people's government, and the specific undertaking organ staff of the administrative act, can be regarded as corresponding staff of the people's government.
Line claims to explain the provisions that cases involving major public interests, high social attention or cases that may cause group incidents, as well as cases of the person in charge of the people's court's written proposed administrative organs in court.If the person in charge of the administrative organ appears in court, the basic situation and the origin of the case of the parties and their litigation agents shall be listed.
The person in charge of the administrative organs who cannot appear in court, if there is a lawsuit that if there is a legitimate reason, they cannot appeal to the lawsuit, and the situation shall be submitted to the people's court, and the seal of the administrative organs shall be stamped with the seal of the administrative organs or the agency is mainly responsible for the agency.People sign and recognize.If the administrative organs refuse to explain the reason, the people's courts may not have the effect of preventing the trial of the case, and the people's court may make judicial suggestions to the supervisory authorities and the higher -level administrative organs.
In addition, the interpretation of the law also stipulates that The person in charge of the administrative organs and the corresponding staff of the administrative organs will not appear in court.If a person does not appear in court, the people's court shall record it in the case and in the referee document, and it may be suggested that the relevant authorities shall be dealt with according to law.
Source: Xinhua News Agency, Hainan Daily
