Guangdong High Court lowers Minter threshold without sentencing will be restricted

Developed a series of new provisions and the Court performance evaluation of the new approach to "can't tell", to the parties to reflect the "no charge" of the court to strengthen the supervision, to the minority parties "will not tell", to enhance the prosecution of the parties to the guidance of the Party concerned with the "bad pipe" cases, the implementation of the designated jurisdiction or promotions jurisdiction. (Reporter Wei Hui Lin Yang Ying Dai Jianfei) reporter from yesterday's National Administrative Trial Work Symposium learned that the Guangdong court last year, the new one-trial administrative case 6,303, an increase of 7.9%, the appeal rate and the retrial rate was down 3.62% and 2.39% respectively.　　In order to solve the Minter appeal and the difficulty of retrial, the provincial High Court has made new rules and new methods of evaluating the performance of the court. Supervision "Can't tell" help "won't Sue" Liu Hengjun, deputy dean of Guangdong Provincial High Court, said that administrative trial cases are at least one-third shorter than civil and commercial affairs and criminal trial, but there are some characteristics such as "high threshold", outstanding contradiction of appeal cases and difficult to be judged.　　Therefore, the provincial court based on the substantive settlement of administrative disputes, further strengthen the administrative trial quality management and reconciliation work, and try to expand the administrative case cross jurisdiction.　　It is reported that the provincial High Court has formulated the interim provisions on the protection of litigants ' litigious rights by law in accordance with the problems of grasping the standard of case admissibility, individual places and even the "threshold" of setting up a case.　　For the "cannot tell", to the parties reflect "there is no charge" of the court to strengthen the supervision and enforcement, for a small number of parties "will not tell", to enhance the litigation guidance to the Parties, in relation to the same level of administrative organs "bad" cases, the implementation of the designated jurisdiction or promotions "Drag but not sentence" will be restricted to solve "drag but not sentence", in the national first issued the "on administrative cases of application for extension of the trial limit of the provisions (trial)" (hereinafter referred to as the trial provisions), innovation has proposed "straddling cases, procedural appeals cases and reasons not sufficient for the application of deferred trial approval" and other provisions, through the "tightening the examination and approval　　, "Increase the burden of application" and other means to achieve the "delay is not New Year", "procedural cases as far as possible not to postpone" and other goals.　　According to statistics, the trial provisions since the introduction of the October 2009, the province's court application for extension of the number of administrative cases significantly reduced, from 2009 before October, the monthly average of 210.1, plummeted to 104.5 monthly. In addition, the Provincial High Court launched a new performance evaluation system, the "closing rate, as the four basic indexes, the appeal rate, the rate of change and the rate of complaint, the" legal application, the fact cognizance, the trial examination "and so on five respects" the quality of the referee document, the trial efficiency, the trial procedure "and so on, carries on the periodical review and the periodical Bulletin.