Hello everyone, I am Zhuo Wanqing, assistant of Xie Lihong's legal team, if you submit an application to the administrative authority for an administrative request, if it is not accepted, how should it be rejected to comply with the law?What exactly does the law provide for the refusal procedure of this administrative body?How to determine the legitimacy of the administrative agency's refusal of your administrative request?Strictly speaking, the determination should be made in accordance with the provisions of the Administrative Procedure Law, but the reality is that China has not formulated and promulgated a unified and written administrative procedure law, and the provisions of the above-mentioned issues are scattered in specific administrative regulations in different fields. As a result, many people do not know the answers to these questions, and they are either coldly told by the staff of the administrative organs: This matter is not our business!Or, they were blankly blocked from the door of the administrative organ by the security guards on duty at the entrance of the administrative organ for reasons such as registering and maintaining order for the purpose of entering and exiting.
Although there is no unified, complete, systematic, and scientific administrative procedure law nationwide, after our inquiry, the four localities of Hunan Province, Shandong Province, Jiangsu Province, and Ningxia Hui Autonomous Region have already formulated administrative procedure regulations within their respective regions, and the administrative procedure regulations of these four provinces and autonomous regions have set a precedent in China's administrative procedure law legislative circles, and will certainly be the benchmark for the future national administrative procedure law legislation. For example, for the handling of administrative requests that are not accepted due to the different division of administrative duties, the "Shandong Provincial Administrative Procedure Regulations" stipulates in Article 68 that the application shall be made to the relevant administrative organs, and a written certificate shall be issued for this purposeArticle 65 of the Hunan Provincial Administrative Procedure Provisions provides that a decision of inadmissibility shall be made immediately", and the "parties" shall be notified in writing to apply to the relevant administrative organs, and written evidence shall be issued for this purpose.
In other words, the Hunan Provincial Administrative Procedure Regulations require that if an administrative organ does not accept an administrative application from an administrative counterpart, it must perform an administrative decision procedure of "immediately making a decision not to accept the application" and inform the "party" to apply to the relevant administrative organ. On the one hand, it is salient to the fact that, on the one hand, it specifically provides for an administrative decision procedure of "making an inadmissibility decision immediately", and for this decision, the parties can seek relief in accordance with the law;On the other hand, it defines the administrative counterpart as a "party". It highlights the attitude of the administrative organs of Hunan Province towards the treatment of the administrative counterpart as a "party", the respect for the complete personality of the administrative counterpart and the spirit of the rule of law, and changes the barbaric attitude of the government and the yamen towards the common people as "people" since ancient times. It is worth affirming that the administrative procedure regulations of the two provinces have made it clear that no matter whether the application or appeal of the party is accepted, a written certificate must be issued, which is more convenient for the party to seek other means of relief in accordance with the law, demonstrates its law enforcement civilization and self-confidence in the administrative system, and is worthy of Xi by the rest of the country.
Openness, fairness and justice in administrative procedures are the cornerstone of governing the country and administering according to law, and are the fundamental guarantee for healthy, long-term and effective adherence to the party's leadership, but in China, which has always paid attention to substantive law and neglected the historical tradition and humanistic environment of procedural law, whether from the perspective of the executive and legislative organs or from the level of the people, there has not attracted sufficient attention and scientific treatment to the mechanisms for the initiation, refusal to accept, operation and termination, recording and disclosure, error correction and supervision of administrative procedures, and the legislative work of the Administrative Procedure Law is obviously relatively weak.
In fact, the construction of the rule of law, like the development of the torrent of history, is mighty and mighty, and those who go along with it prosper, and those who go against it perish. The objective laws of history have created our party's ruling position and outstanding ruling ability, and we are very gratifiedOver the past 40 years or so of reform and opening up, along with China's economic construction, which has surpassed that of the whole of Europe, the construction of China's written legal system has also grown from scratch and from weak to strong, especially the formulation and upgrading of the Administrative Reconsideration Law and the Administrative Procedure Law, which is actually a solemn declaration of war against the remnants of the feudal ideology that have not been sued by the people for thousands of yearsIt demonstrates our party's institutional self-confidence, political self-confidence and theoretical self-confidence. Under the leadership of our party, the National People's Congress and the people of the whole country have formulated a complete legal system of administrative entities, and although the code of administrative procedures has not yet been promulgated, judging from the administrative procedures of the four provinces and autonomous regions mentioned above, it has begun to emerge and is becoming more and more mature, and I believe that in the future, China's administrative procedure law will be increasingly perfected, and the ability of the people to participate in and discuss state affairs will continue to be deepened and strengthened, and their sense of happiness will be increased day by dayWe are willing to make a modest contribution to the construction of the legal system of New China, if you have difficult legal issues and need to consult, please contact our lawyer Xie Lihong litigation team.