Why did the number of hits exceed 100,000+on a live trial of a "people’s accusation" case?
On September 27, the Intermediate People’s Court of Yanbian Prefecture, Jilin Province, the sky outside the court was clear and the national emblem was hung high in the court. The Supreme People’s Court’s Second Circuit Court held a public hearing on a case of "people suing officials" here. Unexpectedly, the case was heard live on media networks such as China Court Open Network, which quickly attracted the attention and praise of netizens, and the number of hits exceeded 100,000 at 6 o’clock that night. At the trial site, the grand court, which can accommodate 330 people, was packed, and the audience held their breath and listened to the public trial for nearly two hours. Some NPC deputies in Yanbian Prefecture, members of Chinese People’s Political Consultative Conference, special supervisors of the Supreme People’s Court, administrative trial judges of the third-level courts in Jilin Province, representatives of relevant functional departments of the two levels of governments in Yanbian Prefecture, and teachers and students of Yanbian University attended the trial. Justice He Xiaorong, a full-time member of the Judicial Committee of the Supreme People’s Court and the president of the Second Circuit Court, personally served as the presiding judge, and formed a five-member collegiate bench to conduct a public hearing of the case.
What is the case that attracts so many people’s attention?
This case involves whether the government should fulfill its compensation obligations in accordance with the administrative agreement. Jin and Cui signed a house expropriation compensation agreement with Wangqing county government, and the agreement stipulated that Jin and Cui would move back to two sets of buildings. On the same day, Yupeng Real Estate Development Company, the third person in charge of demolition and development, also signed a compensation agreement with Jin and Cui. Later, due to a dispute over the performance of the two agreements, Jin and Cui sued the court for the performance of the above agreements. After the first trial and the second trial, the plaintiff refused to accept the case and applied for a retrial according to law. After examination, the Supreme People’s Court decided to retry the case.
In recent years, the administrative cases of urban housing expropriation and compensation involving the vital interests of ordinary people have increased year by year. How to standardize the government’s expropriation and compensation work, how to protect the legitimate rights and interests of the expropriated people, and how to substantially resolve administrative disputes are the focus of such cases and often become the focus of social attention.
Why did the Supreme People’s Court retry this administrative case?
According to Liang Fengyun, the presiding judge in charge of the case, with the promotion of the revitalization strategy of the old industrial base in Northeast China and the implementation of a series of policies such as urban and rural transformation and shantytown transformation, a large number of administrative disputes have been caused by the expropriation of demolition compensation. The the Supreme People’s Court Second Circuit Court will perform its statutory duties according to law, protect the legitimate rights and interests of administrative counterparts, promote the substantive resolution of administrative disputes, support and supervise administrative organs to administer according to law, create a stable, fair, transparent and predictable business environment ruled by law, and provide strong judicial guarantee for the comprehensive and all-round revitalization of Northeast China.
Why did the Supreme People’s Court go to the court where the case was filed?
On the one hand, the purpose of setting up the circuit court in the Supreme People’s Court is to lower the trial focus, solve disputes on the spot, and facilitate litigants’ litigation; on the other hand, the circuit court can better understand the characteristics and laws of local cases, narrow the distance between the Supreme People’s Court and the people, better embody justice for the people, and better create a good legal environment for the revitalization of Northeast China.
In order to give full play to the function of administrative trial, protect the legitimate rights and interests of administrative counterparts in accordance with the law, and promote the substantive resolution of administrative disputes, according to the provisions of the Administrative Procedure Law and relevant judicial interpretations, Justice He Xiaorong personally served as the presiding judge of this case, and together with the presiding judges of the Second Circuit Court of the Supreme People’s Court, such as Liang Fengyun, Wang Fubo, Song Chunyu and zhangyan, formed a five-member collegiate bench to go to the Yanbian Intermediate People’s Court of Jilin Province where the case was filed for public hearing. This is the first time that the Supreme People’s Court has formed a strong lineup of five collegiate panels to go to the grass-roots circuit court to openly hear cases.
During the trial, Justice He Xiaorong presided over the whole process. In accordance with the law, the litigation rights of all parties were fully guaranteed, and questions were asked one by one around the focus of the case. Other members of the collegial panel also asked questions about the facts of the case and the application of the law. Because the case involves major property rights and interests, there is serious opposition between the parties. In the trial of some specific issues, because one of the parties, the Korean people, was not fluent in Chinese and was excited to speak, the two sides once had heated words. The collegiate bench promptly and steadily controlled and eased the opposition between the parties, and explained the reasons clearly. The whole trial process was civilized, standardized, fair and efficient. The "last question" established and adhered to by the Second Circuit Court greatly eased the emotions of the parties, and finally the three parties agreed to mediate under the auspices of the court.
The respondent of this case, the head of the People’s Government of Wangqing County, said with emotion during the trial: "Through today’s trial, I deeply realized that there are still many problems in the construction of our government ruled by law. The administrative litigation system is not only a law to protect the legitimate rights and interests of administrative counterparts, but also a basic system to supervise administrative organs to administer according to law and promote a government ruled by law, a sunny government and a responsible government. "
This case will be mediated in accordance with the law.
After the trial, the Second Circuit Court of the Supreme People’s Court held a forum on the topic of "Giving full play to the function of administrative trial and providing strong judicial guarantee for the comprehensive revitalization of Northeast China". Infected by auditing the trial site, the discussion atmosphere at the forum was very warm. NPC deputies Gu Fengjie, Jin Xiong, Xian Shunnv and Chinese People’s Political Consultative Conference member Lv Zijun talked about their experience in observing the trial, and put forward opinions and suggestions around thoroughly implementing the overall requirements of the central authorities for the comprehensive revitalization of Northeast China in the new era. Representatives from relevant functional departments of the local government, law schools and the third-level courts in Jilin Province made speeches on topics such as supporting and supervising administrative organs to administer according to law, creating and optimizing a fair and honest business environment ruled by law, and substantially resolving administrative disputes.
Gu Fengjie, deputy to the National People’s Congress, secretary of the Party branch of Sanhe Village, Dashitou Town, Dunhua City, Jilin Province, director of the village committee and special supervisor of the Supreme People’s Court:By observing today’s trial, I personally felt that the Supreme People’s Court was responsible for the facts, the law and the people, and also felt the Supreme People’s Court’s unremitting struggle to make the people feel fair and just in every judicial case.
Jin Xiong, deputy to the National People’s Congress, deputy secretary of the Party Committee and president of Jilin Yanbian University:The participation in the the Supreme People’s Court circuit trial site has made us feel the efforts of the people’s courts to safeguard the legitimate rights and interests of the broad masses of the people to the maximum extent, further demonstrating the correctness of the central government’s major decision-making and deployment on optimizing the business environment and building a government ruled by law for the comprehensive revitalization of Northeast China; I really feel the importance and urgency of strengthening not only the rule of law education but also moral education in our country.
Xian Shunnv, deputy head of the National People’s Congress and Jilin Yanbian Song and Dance Troupe:As a deputy to the National People’s Congress, I participated in such an activity for the first time. Plaintiffs in administrative cases are generally ordinary people, who lack legal awareness. In order to promote major projects, the government will inevitably have certain problems in various decisions, especially in procedures. I feel that in a society ruled by law, these problems cannot be simply covered up by "problems existing in development".
Member Chinese People’s Political Consultative Conference, member of the Party Group of Jilin Tobacco Monopoly Bureau, general manager of Jilin Tobacco Company and special supervisor of the Supreme People’s Court Lv Zijun:The circuit trial in the Supreme People’s Court is an important measure of the central judicial reform in recent years, which is of great significance to unifying the national judicial standards. Today’s trial case has great influence and strong representativeness. Regardless of the outcome of this case, the local government must reflect.
Bao Liwei, Director of the Administrative Reconsideration Division of Yanbian Judicial Bureau:This case is an administrative expropriation problem, which is very common in Quanzhou. The construction of a government ruled by law has a long way to go, and we urgently need the people’s court to give professional guidance and support to the standardization and legalization of administrative power operation.
Cai Yonghao, Deputy Dean of Yanbian University Law School:The more active the administrative trial, the more conducive to the construction of a government ruled by law, and the more conducive to the overall revitalization of Northeast China. However, at present, the entrance of administrative litigation has not been completely smooth, such as the government’s information disclosure is not wide enough, the status of the two sides is quite different, and the people’s legal awareness is generally lacking. It is hoped that the public interest lawyer system will be introduced in the field of administrative litigation.
Guoyan, President of the Administrative Tribunal of Jilin Higher People’s Court:According to the requirements of building a government ruled by law, we still have a lot of work to do, such as the low feedback rate of judicial suggestions and the low response rate of the heads of administrative organs in court. It is hoped that the Second Circuit Court can launch more influential administrative cases in the three northeastern provinces and issue a white paper on administrative trials to boost the construction of a government ruled by law.
Justice He Xiaorong:I am grateful to the NPC deputies, CPPCC members and people from all walks of life for their support to the work of the people’s courts. General Secretary of the Supreme Leader pointed out: "The rule of law is the best business environment". The comprehensive revitalization of Northeast China in the new era starts with the improvement of the business environment, and the improvement of the business environment starts with the construction of a government ruled by law and an honest government. The people’s court should accurately grasp the judicial law, correctly understand the relationship between the rapid economic and social development and the increase in the number of administrative cases, take the initiative to plan and actively respond; It is necessary to adhere to the people-centered development idea, in accordance with the requirements of putting the non-litigation dispute resolution mechanism ahead, effectively improve the ability and level of substantive resolution of administrative disputes, and actively respond to the substantive demands of the parties; It is necessary to vigorously strengthen the benign interaction between judicial organs and administrative organs, manage the sources of complaints in areas where administrative disputes are frequent, strive to resolve contradictions in the initial stage, earnestly safeguard social harmony and stability, and provide strong judicial guarantee for the comprehensive revitalization of Northeast China in the new era.