May 31, 2010
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Notice of the Supreme People's Court on Properly Handling Mass Administrative Cases [Effective]
最高人民法院关于妥善处理群体性行政案件的通知 [现行有效]
Notice of the Supreme People's Court on Properly Handling Mass Administrative Cases
(No.316 [2006] of the Supreme People's Court)
The higher people's courts of all provinces, autonomous regions, municipalities directly under the Central Government, the Production and Construction Corps branch court of the Higher People's Court of Xinjiang Uygur Autonomous Region:
With the deepening of reform, the social benefit pattern becomes more diversified and complex with each passing day, administrative disputes tend to increase, especially, the mass administrative disputes evoked by such hot social issues as rural land expropriation, demolishment of urban houses, enterprise restructuring, labor and social security and environmental protection of resources, etc, attract more attention. It matters much to the people's vital interests and social harmony and stability to properly handle mass administrative cases, and the people's courts at all levels shall attach great importance to it. Therefore, we hereby notify the relevant issues concerning properly handling mass administrative cases as follows:


1. Fully understanding the significance of properly handling mass administrative disputes. We shall, under the guidance of the Decision on Several Major Issues Concerning the Construction of Socialist Harmonious Society made at the 6th plenary session of the 16th Central Committee, earnestly study the Opinions of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on Preventing and Solving Administrative Disputes and Improving the Administrative Dispute Resolution Mechanism and the spirit of the speech delivered by Xiao Yang, the president of the Supreme People's Court, at the video teleconference of the courts across the whole nation on strengthening administrative trial and properly handling administrative disputes so as to clearly see the rigorous situation that mass administrative disputes increase with each passing day, be fully aware of the significance of properly handling mass administrative disputes, firmly build up the socialist philosophy of ruling by law, accurately define the roles of people's courts in safeguarding social harmony and stability, effectively increase the sense of responsibility and sense of mission and properly handle mass administrative cases according to law.
2. Attaching great importance to the registration and acceptance work of mass administrative cases. As for a mass administrative dispute brought to the court, if it satisfies the statutory conditions for commencing an action, the court shall register and accept the case according to law in a timely manner and may not close the door on it; if it fails to satisfy the statutory conditions for commencing an action or it does not fall within the jurisdiction of the court, before the handling of the case according to law, the court shall explain the reasons to the plaintiff, inform the plaintiff of the channels for solving the dispute according to law and, in light of the specific situation, notify the relevant departments to do a good job in stabilizing and controlling the situation; as for the political and policy-oriented disputes, in case it is difficult to simply solve them by way of administrative litigation, we shall treat and handle them in a prudent manner and do the best to solve them through the uniform coordination of the local Party committees and governments; the major and complex mass cases that involve large number of people and satisfy the conditions for putting a case on file may be accepted by the intermediate people's courts or the appointed grass-root people's courts. In light of different circumstances, the separable mass cases may be put on record and accepted separately. The case filing divisions and administrative divisions of the people's courts of various levels shall strengthen communication and closely cooperate with each other in the link of registration and acceptance.

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