Executive application "overdue"?How to resolve the 4 -year administrative punishment dispute ｜ Nine:30 tonight

Guarantee company's administrative organs

Employment application exceeds the timeliness of litigation

The court allows the enforcement ruling to be wrong.

Apply for procuratorial supervision

Prosecutors actively carry out dispute resolution work

The 4 -year administrative penalty dispute was successfully resolved

Native

Recently, Urumqi, Xinjiang Uygur Autonomous Region, has been successfully resolved for 4 years. "It is the prosecutor's interpretation that it makes us realize that the punishment of the administrative organs is not wrong. The administrative ruling made by the court is also right. The prosecutors do their best to do a lot of work. The person in charge of the applicant and a guarantee company said.

Executive application "overdue"?

Executive applied for procuratorial supervision

In January 2019, a guarantee company illegally collected various types of guarantee costs of more than 1.95 million yuan and did not refund the payment of the provident fund loan guarantee business in the process of handling the provident fund loan guarantee business. It made the administrative penalty decision obtained from illegal income. The guarantee company immediately applied to the Municipal Development and Reform Commission to pay in installments. On January 24 of the same year, the Municipal Development and Reform Commission (later related functions adjusted to the Urumqi Market Supervision and Administration Bureau, hereinafter referred to as the "Market Supervision and Administration Bureau") agreed and made a "Payment Payment Fine Decision". Essence

However, after the guarantee company pays some illegal income, the remaining 1.65 million yuan has not been paid. In April 2020, when the Market Supervision and Administration Bureau urged the guarantee company to perform its administrative penalty decision, the guarantee company filed an application for exemption from the remaining illegal income. In May of the same year, considering the impact of the epidemic and helping the enterprise resume production, although the Market Supervision and Administration Bureau did not agree to the application of the removal of the remaining illegal income proposed by the guarantee company, in accordance with the "Interim Provisions on the Administrative Punishment Procedure of Market Supervision and Management", 66 66 The relevant provisions of the article made the "Decision Decision Decision of the Delayed Payment of the Payment of the Law" to the guarantee company, agreeing that the guarantee company will postpone the removal of the remaining illegal income, and the specific period is 500,000 yuan before November 30, 2020; pay 115 before December 30, 2020 More than 10,000 yuan.

However, after the decision was made, the guarantee company did not perform. After the report was invalid, in February 2021, the Market Supervision and Administration Bureau applied to the court for enforcement. The court made a ruling that was not accepted on the grounds that the enforcement application of the lawsuit beyond the timeliness of the lawsuit. The Market Supervision Administration's appeal. After trial, the Urumqi Intermediate Court revoked the first instance ruling and ruled that the case was filed by the first instance court.

On October 25, 2021, the court of the first instance of the first instance made an administrative ruling for improving the administrative penalty decision. However, the guarantee company did not recognize: "In April 2020, when the Market Supervision and Administration Bureau urged us to fulfill our administrative penalty decision, we submitted an application for exemption from illegal income. Forced execution. At that time, there was no application, and the application for the time of the lawsuit was surpassed. Why did the court sentence us to lose? "

As a result, in January this year, the guarantee company applied for supervision from the Procuratorate of Shuimou District, Urumqi.

What is delayed application?

Prosecutors investigated and verified the focus of controversy

After the case of the Procuratorate of Shuimogou District accepted the case, the case handling team was set up and launched an investigation and verification in accordance with the law.

办案组对市场监督管理局所作出的行政处罚决定进行调卷审查，听取了市场监督管理局的意见和理由，并进一步了解了法院作出相关裁定的原因及考虑——一审法院认为，2020年4月， When the guarantee company submits an application for exemption from the Market Supervision and Administration Bureau, it has shown that it does not fulfill its attitude of administrative penalties. At this time, the Market Supervision and Administration Bureau should apply to the court for compulsory enforcement in a timely manner. Therefore, the Market Supervision and Administration Bureau only applied to the court for enforcement in February 2021, which indeed exceeded the timeliness of litigation. The court of second instance believes that the enforcement of the court's application for the court has not exceeded the time limit for litigation. The reason why the bureau delayed the application for compulsory execution was the fact that the guarantee company applied for installments to pay illegal income, was affected by the prevention and control of the epidemic, and considers the reasons for helping the enterprise re -production and re -production. Article 156 of the "Explanation of the Administrative Procedural Law of the People's Republic of China" stipulates the situation of "justified reasons" in the provisions of Article 156.

So, does the Market Supervision and Administration Bureau apply for compulsory implementation exceeding the time limit for litigation? Does the administrative act belong to the "legitimate reason" stipulated in the judicial interpretation? After in -depth investigation and analysis and judgment, the case handling team believes that in April 2020, after the guarantee company did not pay the remaining illegal income and submitted an exempting application, the Market Supervision Administration did not apply to the court for compulsory enforcement at that time. For reasons such as the re -production and re -production of the enterprise, the relevant regulations of the time stop and the procedure suspension are met. After the guarantee company does not fulfill the decision, the Market Supervision Administration applied to the court for compulsory implementation of the "legitimate reason" stipulated in the above judicial interpretation.

On February 17 this year, the understanding and application of the Procuratorate of Shuimougou District around the understanding and application of the "Interim Provisions on the Administrative Punishment Procedure of Market Supervision and Management Administrative Punishment" around the understanding of the administrative punishment The appropriate, whether the application for compulsory execution exceeds the focus of the case of litigation, organizes a hearing, actively listened to the opinions of all parties, further clarified the facts of the case, and unified the understanding and understanding of the law and policies of all parties. Interpret

Resolve disputes and let the administrative decision implement the landing

In this case, the administrative organs make a decision to postpone the illegal income to ensure that the enterprise is re -production and re -production is in order to ensure the smooth re -production and re -production of the enterprise. Pay illegal income in time. In order to ensure the healthy and orderly development of the economy and society, and to substantially resolve the administrative disputes in the case, the case handling team communicates with the person in charge of the guarantee company and the market supervision and administration bureau on the basis of the hearing. The platform, and in response to the questions raised by the guarantee company, patiently speaks, talks, talks, and makes sense.

After many communication, the guarantee company completely understands that in the context of the epidemic prevention and control, all administrative organs and judicial organs are strengthening service awareness, actively extending functions, and focusing on new situations and problems in the development of private economy during the prevention and control of the epidemic. Fully escort the development of the private economy; the decision of postponing illegal income made by the Market Supervision and Administration Bureau is to ensure the legal rights and interests of enterprises and help enterprises re -production and re -production in case of non -legal provisions.

Through full interpretation of the law and the joint efforts of all parties, the company has guaranteed the misunderstanding of the Market Supervision Administration and relevant laws, and the differences between the opinions of the two parties have gradually brought together. The guarantee company actively stated that the remaining illegal income will be paid within the prescribed period and insisted on operating in accordance with the law. In March of this year, the Procuratorate of Shuimougou District made a decision to end the case for the case, and the administrative disputes that lasted for 4 years were finally successfully resolved.

Although the case was completed, the case handling team did not stop the duties. In response to problems such as the interpretation of the Market Supervision and Administration Bureau in the work, the procuratorate of the Shuimougou District issued procuratorial suggestions in a timely manner, suggesting that administrative organs adhere to administration in accordance with the law in case handling, strengthen interpretation of the law, to maximize and avoid administration to the maximum extent and avoid administrative administration The emergence of disputes further enhances the credibility and authority of administrative law enforcement.

Prosecutor

Jiexin knot, interpretation

Realizing the case ended in politics and harmony

This case lasted for 4 years. Due to the impact of the epidemic prevention and control, the process of handling the case was more complicated. According to the existing laws and regulations, the administrative organs that have no mandatory execution applied for the court to enforce their administrative actions. If they apply for a periodd time, the court will not accept it except that there are legitimate reasons. The focus of the dispute between the two parties in this case is whether the "Decision Decision Decision of the Delayed Payment of the Law" made by the Market Supervision and Administration Bureau in the context of the epidemic prevention and control belongs to the proper reason for the implementation of the market supervision and administration bureau's overdue application. The procuratorial organs' review believes that the epidemic belongs to the force majeure, of course, it is a legitimate reason; the "Decision Decision of the Delayed Payment of the Payment of the Law" made by the Market Supervision and Administration Bureau is a special measure taken in the context of the prevention and control of the epidemic to ensure that private enterprises resume work and restore the economy and restore the economy. It should also be a legitimate reason to meet national policies. Therefore, the Market Supervision and Administration Bureau's application for enforcement from the court has not been overdue.

In the process of handling the case, we found that the administrative agency's policies for the re -production of private enterprises to protect private enterprises were not promoted, and administrative counterparts did not understand national policies. Therefore, the procuratorial organs to carry out the substantial resolution of administrative disputes are more conducive to the protection of the rights and interests of administrative counterparts and the implementation of the administrative decision. Focusing on the substantive resolution of the administrative dispute in the case, we have set up a case -handling team to carry out a solid investigation and verification work on the basic facts and supervision of the applicant's substantive demands of administrative disputes. The hearing clarifies the affairs, explains the law, and explains the reason for both parties, explains the hearts and interpretation for the parties, so that the parties can feel the fairness and transparency of legal supervision, and help the differences between the administrative organs and the administrative counterparty. The bridge of the administrative counterpart fully understands and accept the administrative penalty decision, and makes a promise of actively paying the remaining money, and finally achieved the effect of the case of political peace.

It is worth mentioning that after the administrative dispute was resolved, we did not stop it. Instead, in the case of the interpretation of the administrative organs in the process of performing their duties, it was not in place. Behavior, maximum reduction and avoiding administrative disputes. (Min Jun, Procuratorate of Shuimougou District, Urumqi City, Xinjiang Uygur Autonomous Region)

(Prosecutor's Daily Author: He Haiyan Yang Bin Min Jun Comics: Yao Wen)

- END -