According to information from the Supreme People’s Court’s WeChat account on October 25, the Court has selected ten representative administrative dispute resolution cases from across the country, recommended by various high courts. These cases highlight significant areas such as administrative reconsideration, registration, penalties, expropriation, agreements, and non-performance of statutory duties, and will be announced in two batches starting today.
The first batch of cases focuses on how courts analyze the causes of disputes, accurately identify parties’ substantive demands, and address the core issues in administrative conflicts to facilitate meaningful resolutions. The second batch extends to various methods used by courts, including judicial recommendations, model lawsuits, resolving related civil disputes concurrently, collaborating with mediation organizations, and substantive judgments to comprehensively address administrative issues while achieving an organic unity of three intended effects.
Moving forward, the People’s Courts will emphasize “preemptive action” to address issues before they escalate and implement the principle of “as if I were in litigation,” strengthening litigation guidance and aiming for resolutions on a case-by-case basis to reduce case-to-issue ratios and significantly improve the quality and efficiency of administrative adjudications. The objective is to ensure that citizens experience fairness and justice in every legal case.
### Key Administrative Dispute Resolution Cases (First Batch)
1. **Miao v. Municipal Government for Non-Compliance with Administrative Reconsideration Duties**
– **Case Background**: After purchasing a property, Miao faced delays in receiving the property and the ownership certificate from the developer. Seeking to verify the legality of government oversight during the development, Miao requested information from the city’s tax bureau, which refused to disclose details claiming taxpayer confidentiality. Subsequently, Miao initiated administrative litigation but lost. Discontent, Miao sought administrative reconsideration but received no response, prompting further legal action.
– **Outcome**: The appellate court recognized the underlying issue was Miao’s need for timely property delivery. The court coordinated with government departments and the developer, ultimately ensuring Miao and over 70 other homeowners received their keys. Miao withdrew the lawsuit, and all parties thanked the court for resolving the issue.
2. **Da v. County Property Management on Property Registration and Ownership Dispute**
– **Case Background**: Da claimed ownership of a property purchased in 1998. After registering the property, disputes arose when the original owner’s family contested the sale. Da challenged the new ownership certificates issued by the property management bureau.
– **Outcome**: The court identified the core issue as ownership and facilitated a civil suit to resolve the property claims collectively. A settlement was reached confirming Da’s ownership and a compensation agreement, leading to Da’s withdrawal of the case.
3. **Wu and Others v. Rural Economic Development Bureau on Administrative Registration and Compensation**
– **Case Background**: Five ship owners faced issues with incorrect data on their fishing licenses, affecting compensation they were entitled to due to administrative errors over several years.
– **Outcome**: The court helped reshape the lawsuit into a claim for both compensation and recognition of administrative wrongs, resulting in the release of overdue funds within a month after joint discussions with relevant agencies, allowing the plaintiffs to withdraw their lawsuit.
4. **Yu v. County Agriculture Bureau on Land Contract Rights Registration**
– **Case Background**: Following a series of conflicts over land use and prior legal decisions favoring Yu, new certificates were issued to local farmers, leading to a series of administrative lawsuits from Yu seeking recognition of his rights.
– **Outcome**: Despite extensive mediation efforts, Yu’s cases were initially rejected. However, upon re-evaluation, the court directed local authorities to facilitate a practical resolution that recognized Yu’s claims, leading to the successful withdrawal of the lawsuits.
5. **Lai v. Housing Expropriation Office on Compensation Agreements**
– **Case Background**: After the death of his mother, Lai contested an expropriation agreement signed by his stepfather regarding the family home, claiming he was the rightful owner entitled to compensation.
– **Outcome**: The court ruled in favor of Lai but also facilitated a resolution that honored both parties’ rights and maintained familial ties, resulting in a negotiated agreement that satisfied both parties.
These cases underscore the court’s commitment to addressing administrative disputes effectively and empathetically, ensuring that justice is accessible and felt by the public.
