The legal boundary behind the "Reconsideration gate" in Guizhou

In Guiyang, Guizhou Province, a city and Commerce bureau has forcibly revoked its own legal effect of the administrative reconsideration decision, which led to a series of litigation of the wonders. Among them, even more strange is that the higher people's Court in Guizhou province after the verdict came into effect three years, did not list any basis, only "the original judgment applicable legal error" as the grounds that the original correct second instance of the decision, ordered Guiyang Intermediate Court retrial. The directive has a "trial supervision" under the guise of "unreasonable" of the real suspicion, really embodies the "I have the right to trial supervision I fear who" hegemony consciousness. Thus, the whole case will be pushed to the forefront of public opinion, causing wide attention and hot discussion of the media and netizens.　　In the network known as Guizhou "reconsideration door" incident (see "Guizhou" Reconsideration door "behind the Judicial Contest"). September 13, 2010, the administrative proceedings retrial trial scene, when the judge asked the defendant Guiyang City Trade and Industry Bureau of the agent for their own revocation of the act to produce the legal basis, Guiyang the staff of the Industry and Commerce Bureau said there is no legal basis. Liu Haibin, the plaintiff's attorney for Tan, said immediately: Since Guiyang city trade and Industry Bureau admits that its administrative acts have no legal basis, it should bear the responsibility of losing the lawsuit. Liu Haibin lawyer thinks: the abolition of the High Court in Guizhou province is clearly wrong, the original administrative judgment is not only clear, but also the applicable law is completely correct, the administrative reconsideration decision on service that has An administrative reconsideration decision which has been in force, not due to a statutory cause, non-statutory procedures are not revoked, and the Guiyang Trade and Industry bureau in the construction of industrial and commercial complex Word (2005) 2nd, the administrative reconsideration decision has entered into force, without a separate legal procedure to revoke a reconsideration decision of the administrative acts, there is no legal basis, is a serious procedure illegal,　　In accordance with the basic principles of administrative law, every administrative act of an administrative organ must be authorized by law, the law is not authorized, the law does not grant you the power to revoke the administrative reconsideration, you have no right to revoke it. Recently, in response to the "reconsideration gate" incident in Guizhou, in Beijing Friendship Hotel convened the "Administrative review of the legal Boundary Demonstration Seminar", the demonstration by the "Political Law Government Research Center," sponsored by the "Legal Daily Law Network" Media support, invited our famous jurists Jiang, administrative law experts Ying, Jiang Minghan, Ma Waide, Giohonchang and other famous professors attended the meeting. Experts at the meeting after a lively discussion, serious analysis and demonstration, and finally agreed: Guiyang the trade and Industry Bureau to revoke its own decision to make, the administrative decision without any legal basis, obvious errors, should be corrected according to law.　　The original judgment of the first instance revoked the administrative decision and the second instance judgment upheld the correct judgement;　　The joint-mining agreement only agreed at the elevation of 1033 of an occurrence of joint mining, the ownership of the area less than the entire mine;　　The supplementary agreement only adjusts the rights and interests of 1033 occurrences, the "share transfer" in the legal sense, and does not involve the adjustment of the joint-mining scope; The prior approval formalities of the wholly-owned enterprise are in accordance with the law, and there is no evidence to prove what kind of false material Tan in the process of applying for establishment, Kaiyang County the administrative punishment of the Trade and Industry bureau lacks evidence, shouldTo be revoked, Guiyang the trade and Industry Bureau hereby revoke the Administrative review of Kaiyang County administration penalty; The content of civil judgment shall be the obligation of both parties, and it should not be performed by one party alone, and should not exceed the scope of agreement. Enforcement is the act, not the money, which should be supervised by appropriate measures rather than the seizure of the mining right.　　Moreover, the right holder of the mining right is not the person who performs the duty in the effective judgment, Guiyang the compulsory execution of the mining right in the middle school is unfair. Understand the whole case of the cause and error, basically will feel the original simple things artificially complicated, the whole event process let people have a complex, confusing feeling.　　Through the expert concise and thorough analysis and incisive argumentation, the whole case immediately clear, the merits at a glance.　　August 29, 2010, held in Beijing, the National administration of Justice Conference, Premier Wen Jiabao made an important speech, Wen stressed that "what the government can do, what can not be done, to be determined by the law, the Government can only exercise the power conferred by law, all administrative acts must be in accordance with the law, procedure is justified Why did the industry and Commerce Bureau of Guiyang make contradictory decisions in succession? A fact is clear. Why is it that a clear legal relationship is repealed by the High Court of Guizhou Province? Is there any human interference behind the case? The outcome of "Reconsideration gate" in Guizhou will continue to be concerned after the verdict of retrial and enforcement of the case.