Disputes on Administrative Litigation for Administrative Reconsideration

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-09-01
Features: "Examples support the law, not break it." The guiding significance and reference value of cases in the judicial work have always been emphasized by courts at all levels in China. The Supreme People's Court Gazette publishes cases approved by the Supreme People's Court or discussed by the Supreme People's Court Judicial Committee in each issue, requiring courts at all levels to refer to them in judicial work. Since 2000, the Supreme People's Court has publicly disclosed judgment documents to the public. The China Application Law Research Institute of the Supreme People's Court has been editing and publishing Selected Cases of People's Courts since 1992. After nearly a year of effort, we have launched this series of books. In the process of editing, we tried to make the series have the following distinct features:
1. Typical and Realistic Cases. Most of the selected cases belong to those published by the Supreme People's Court Gazette, the Supreme People's Court, and its divisions through other forms. Each case is as typical as possible. For convenience of use, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to the cases in the Supreme People's Court Gazette and the judgment documents announced by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, Rules], [Interpretations of Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], and [Judicial Policies]. The replies of the Supreme People's Court to requests from lower courts on legal application issues, judicial documents published by local courts, and research findings by various courts on the handling of certain types of cases are also unique features of this series of books.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types (causes of action) of civil, criminal, and administrative cases. The first batch introduced 43 civil case books, the second batch introduced 26 criminal case books, and now the third batch introduces administrative case books. It should be noted that some cases were rendered before the relevant laws were enacted, so the judgments and analyses may include provisions of old laws, but the legal issues involved remain important. Therefore, we have selectively included such cases, with the main purpose of analysis being the legal issues. In the "Legal Application" section, the new legal basis is listed. Please note this when using the books. During the editing process, many judges of the Supreme People's Court have given enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope that this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.
[Typical Cases] When reviewing a (reconsideration agency) changing the original specific administrative act, can the court review the facts and legal application of the original ruling? What is the difference between the administrative agency's administrative reconsideration and the supervisory power over the reconsideration? What are the procedural requirements for exercising the supervisory power over administrative reconsideration?