Top 10 typical cases of administrative cases of Taiyuan Court announced

Author:Fairview Taiyuan City Time:2022.08.03

On the morning of August 1st, the Taiyuan Intermediate People's Court held a press conference to release the Judicial Review Report of the Taiyuan Intermediate People's Court 2021 (hereinafter referred to as the "Report") and the Top Ten Typical Cases. The aim is to continuously improve the ability of administrative trials to resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons, and other organizations, and supervise the administrative agencies in accordance with the law. At this press conference, Wei Peifen, deputy dean of the Taiyuan Intermediate People's Court, was released. Jia Lun, president of the Administrative Judgment Division, answered questions from reporters. Zhang Hong, director of the research office, presided over the meeting.

Vice Dean Wei Peifen introduced the basic situation of administrative cases, the key tasks of administrative trials in the city in 2021, the problems in administrative law enforcement and administrative response, and the opinions of advancing administration according to law and suggestions. The relevant situation of the judicial review report of the case notified the basic situation of the "Top Ten Top Ten Top Ten Top Ten Top Ten Top Ten Top Cases of the Taiyuan Court in 2021".

The "Report" made detailed analysis and statistics on the 1,862 administrative cases accepted by the Taiyuan Court in 2021, summarized the basic situation and characteristics of administrative trials and administrative response throughout the year, and sorted out the key work of administrative trials throughout the year. Focus on the problems in the field of administrative law enforcement, put forward suggestions and opinions, and put forward specific measures to further strengthen and improve the administrative trial work.

one

The number of administrative cases in the first instance increased significantly, and the judgment rate of trials increased significantly. According to statistics, in 2021, the two -level courts in the city accepted a total of 1,862 administrative cases and concluded 1,790 cases. The conclusion rate was 93.13% of the first instance of the first instance.

two

The scope of the administrative management area is expanded, but it is still mainly based on urban construction, public security, and social security.

three

Administrative disputes are still the main disputes, supplemented by disputes in unwillingness.

Four

The enforcement rate of administrative non -lawsuits has improved, and the law enforcement capabilities and levels of administrative organs have improved. In 2021, the two -level courts in the city continued to strongly support administrative administration in accordance with the law. A total of 175 cases of administrative non -laws and execution cases were accepted throughout the year, with a conclusion of 169 cases, and the conclusion rate was 96.57%.

five

The number of first -instance administrative cases accepted by the Municipal Intermediate People's Court has declined, and the number of first -instance administrative cases accepted by grass -roots courts has increased.

six

The defeat rate of the administrative organs was basically the same as the previous year, and the rate of defeat of the physical decision continued to decline.

seven

The effectiveness of administrative dispute mediation is obvious, and the mediation rate has increased from last year. In 2021, the city intermediate court was retracted 66 cases, with an withdrawal rate of 14.97%, an increase of 8.77 percentage points year -on -year.

Eight

The person in charge of the administrative organs appearing in court has increased, and the implementation of feedback from judicial suggestions has improved greatly.

The Top Ten Typical Cases are selected from the 1,790 administrative cases concluded by the city's court in 2021. From the perspective of the types of administrative acts, there are common administrative behaviors such as the identification of work injury, administrative punishment, and administrative compulsory. From the perspective of administrative management, it is concentrated in the areas of house collection, public security management, and social security. From the results of the referee, all 10 cases were formed by judgment, including 5 cases that were judged by the administrative organs that were liable for liability; the judgment rejected the plaintiff's claim and supported 5 cases of administrative administration in accordance with the law.

Among the 10 cases, 4 cases involved in social security, 2 cases involved in house acquisition and demolition, 2 cases involved in public security administrative penalties, 1 case of housing registration categories, and 1 case of CPPCC. By issuing these cases, the city's two -level courts are referenced to the trial of administrative litigation cases in the city, effectively convey the positive energy of judicial energy, further enhance the awareness of the rule of law of the whole people, standardize the administrative organs to exercise their powers in accordance with the law, and effectively improve the credibility of the government.

"Top Ten Typical Cases" are:

1

Zhao Mou's administrative payment case in Taiyuan Social Insurance Management Service Center

2

Wei Mouyuan sued Taiyuan Municipal Human Resources and Social Security Bureau for work injury insurance qualifications for work injury insurance

3

Fan Mou sued Taiyuan Human Resources and Social Security Bureau and third -person Shanxi Zerun Construction Engineering Co., Ltd. Work Injury Insurance Qualification Case

4

An Mou's administrative fine case of a brigade of the traffic police detachment of the Public Security Bureau of Shanxi Province

5

Wang Mou's Small Store Branch of the Public Security Bureau of Taiyuan and the Administrative Detention and Administrative Repentance of the Public Security Bureau of Taiyuan City

6

Li said that the Human Resources and Social Security Bureau of Taiyuan City fulfilled the statutory duties

7

Wei complained that the Housing and Urban -Rural Development Bureau of Yingze District, Taiyuan City forced the demolition of houses

8

Wang Mou sued the case of the Wenmiao Street Office of Yingze District, Taiyuan City, forced the demolition of houses and facilities

9

A company sued the Taiyuan Real Estate Registration Center, the Taiyuan City Planning and Natural Resources Bureau did not fulfill its statutory duties and administrative resumptions

10

Taiyuan Hongsheng Reality Culture Communication Co., Ltd. sued the administrative compensation case of the Urban and Rural Administration of Wanbolin District of Taiyuan City

Source: Jinyang Sword

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