On the afternoon of December 7, 2023, Chushang Youth Talk (Phase 11) was successfully held in our firm. This issue of Youth Talk is a full-time lawyer from Hubei Chushang Law FirmLiu TengLecturer, the theme of "Business Thinking under the New Administrative Review Law". Senior partner of Chushang Law FirmLawyer Liu Tao, Director of the Youth Working CommitteeLawyer Xiao Yaoand some lawyers in the firm attended the event.
Lawyer Liu TengBased on the revision of the new Administrative Reconsideration Law, this paper introduces in detail the background of the revision of the Administrative Reconsideration Law and the current situation of administrative reconsideration and administrative litigation cases in Wuhan. He pointed out that the implementation of the new Administrative Reconsideration Law will bring a new way out to the current predicament of "large petitions, medium litigation, and small reconsideration", and will also bring a new blue ocean to lawyers' administrative-related business. Judging from the current administrative reconsideration data in Wuhan, compared with administrative litigation, although the number of administrative reconsideration cases is relatively low, the ability of administrative reconsideration to resolve disputes is higher than that of administrative litigation. Immediately, lawyer Liu Teng focused on the analysis of the eight highlights of the revision of the Administrative Reconsideration Law, and made a comprehensive analysis and comparison of the positioning, scope, jurisdiction and procedures of the new and old administrative reconsideration systems through the analysis of legislative concepts, legislative techniques, and personal experience of cases.
After the basic introduction and analysis, lawyer Liu Teng started from his own experience in handling cases, and from the perspective of retrospective and prospecting, he summarized and summarized the business that lawyers may carry out under the new Administrative Reconsideration Law, including three major aspects: the administrative counterpart, the first-class agency side and the lawyer's business cooperation side. It emphasized that the implementation of the new Administrative Reconsideration Law is to make the administrative reconsideration procedure more "judicial", "professional" and "humane", which not only creates more space for lawyers to display their professional abilities, but also has new requirements for lawyers' professional abilities.
Finally, lawyer Liu Teng believes that there are many problems that need to be faced and solved to do a good job in administrative reconsideration and administrative litigation. Therefore, at the end of the class, he threw out topics such as "understanding and distinguishing the principles, rules and standards in the field of legislation", "how to break through the professional barriers in the administrative field", "fixing and identifying evidence in administrative reconsideration", "the attitude of administrative reconsideration organs, original administrative act organs and judicial organs", and expressed the hope that in the future practice process can make breakthroughs in the study of the above issues, improve professional ability, and provide valuable experience and suggestions for the construction of the rule of law in administrative disputes in China.
Lawyer Liu TaoHe said that the topic of this issue of youth talk is "Business Thinking under the New Administrative Reconsideration Law". Lawyer Liu Teng shared a lot of legal knowledge, but not enough business thinking. This reflects the fact that many lawyers are not good at or subconsciously avoid administrative legal practice. Obviously, judging from lawyer Liu Teng's sharing today, the things that lawyers can do in the administrative reconsideration procedure have greatly increased. I hope that you will dare to undertake administrative and legal business, or cooperate with our skilled colleagues to find new development opportunities in the fierce competition, and at the same time promote the construction of administration according to law and rule of law.
Lawyer Xiao YaoHe said that lawyer Liu Teng's sharing met the basic requirements of the speech, including dress code, topic selection, content context, speech style, etc. Lawyer Liu Teng has in-depth research on administrative law and administrative reconsideration law, and has rich practical experience.
In addition,Lawyer Zheng HaojuanHe raised an administrative litigation issue that he was facing to lawyer Liu Teng and lawyer Liu Tao, involving the identification of administrative stakeholders in administrative litigation cases. Lawyer Liu TengAnswer, administrative stakeholders are still a controversial topic in judicial practice, and specific cases need to be judged specifically, at this time, lawyers play a key role in the litigation process, and it is necessary to persuade the judge to hear the case by searching for relevant cases and collecting relevant cases. Lawyer Liu Tao replied that he believed that lawyer Zheng Haojuan's client was obviously interested, and that an administrative case he handled faced the same problem in the past, and even more distant than lawyer Zheng Haojuan's case, but through the lawyer's efforts, the case finally crossed such a threshold.
Lawyer introduction
Lawyer Liu Teng
Master of Laws from Wuhan University, during his studies and work, he has conducted in-depth research in the field of administrative law, legislative law and judicial system, and has participated in many legislative research projects of the Hubei Provincial People's Congress, including legislation in the field of transportation, legislation in the field of **, and assessment of two-type society.
Since engaging in the profession of lawyer, he has participated in or independently handled a number of typical cases, and has complete experience in handling cases from the grassroots court to the Supreme Court, and has accumulated rich litigation experience.
Representative Cases:
Huang v. a municipal human resources and social security bureau for work-related injury insurance qualification determination.
A company and the Finance Bureau** procurement complaint case.
Peng's non-prosecution case for the crime of helping to believe.
Yin was not guilty of intentional injury.
Case of revocation of creditor of Fan.
Hubei Provincial High People's Court Jiang XX loan arraignment case.
Hubei Provincial High Court, a case of a mining right transfer contract dispute, ordered a retrial.
Supreme Court: Su Moumou v. Ministry of Commerce, a case of non-performance of statutory duties.