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On June 4, 2019, Shanghai Minhang District People’s Court (hereinafter referred to as “Minhang District People’s Court”) held the press conference of the administrative adjudication white paper. The conference was presided over by Li Guoquan who is the member of the leading Party group of and the deputy president of Minhang District People’s Court. The relevant situations and information were reported at the conference. Liu Xie (Member of the standing committee and Deputy Head of Jingan District), Wang Jiandong (Deputy Head of Fengxian District), Wang Yiyang (Deputy Head of Jinshan District), Mo Guixing (director of Songjiang District Judicial Bureau), Zhu Jianzhong (director of Qingpu District Judicial Bureau), Jin Haimin (director of Minghang District Judicial Bureau) and Song Jian (head of the administrative pleading division of Shanghai Justice Bureau) attended the conference and made speeches as leaders of administrative bodies at the relevant areas under administration. Xi Jianlin (secretary of the leading Party group and President of Minhang District People’s Court) made a speech with respect to the new changes, new progress and key emphasis in following works of the administrative adjudication of Minhang District People’s Court. Zhang Bin (the member of the leading Party group of and the deputy president of Minhang District People’s Court) made a speech concerning the further works of administrative adjudication and extension of judicial functions and raised the relevant requirements. This year is the 17th year since Minhang District People’s Court published the Administrative Adjudication White Paper since 2003 and also the 1st year when Minhang District People’s Court published the Administrative Adjudication White Paper for the first time after the centralized and cross jurisdiction reform of administrative case in It was reported on the conference that, in the first half of 2018, the jurisdiction limits of Minhang District People’s Court for administrative case extended to five districts with its administrative procedure jurisdiction area covering 41% of the total area of In 2018, the administrative case heard by Minhang District People’s Court had some new features (e.g. complicated types, extensive jurisdiction, diversified tiers of administrative bodies involved in the case). For the purpose of giving consideration to the characters of each area and the generality of the general jurisdiction area and better reflecting the pertinence and effectiveness of the White Paper, Minhang District People’s Court tried the “1+7” aggregate score report form for the first time. In other words, in addition to a general report, Minhang District People’s Court also synchronously prepared sub-report for Jingan District, Songjiang District, Fengxian District, Qingpu District, Jinshan District and Minhang District (with respect to those cases accepted and heard by June 30, 2018) and municipal organs. The reports had a total number of words of around 50,000. The general report made analysis and suggestions on common problems while the sub-report made it convenient for relevant departments to carry on research on and improve their own key problems. As indicated in the White Paper, there were 1047 cases accepted and heard by Minhang District People’s Court in 2018 (including 742 administrative litigation cases, 125 civil cases concerning housing demolition, 175 non-lawsuit administrative cases and 5 judicial review cases concerning forced migration) and there were 751 administrative cases concluded by Minhang District People’s Court in 2018 (including 483 administrative litigation cases, 86 civil cases concerning housing demolition, 177 non-lawsuit administrative cases and 5 judicial review cases concerning forced migration). The distribution of administrative litigation cases was uneven. Jingan District had the largest number of administrative litigation cases (184) accounting for a quarter of the total cases while the number of cases in Jinshan District was the least (41) accounting for 6% of the total cases. The scope of cases was wide and mainly concerned 10 fields (public security, town government, labor and social protection, housing and land acquisition, urban construction, market supervision) which accounted for 90% of the entire cases concluded. As indicated in the White Paper, in 2018, among those administrative litigation cases concluded by Minhang District People’s Court, there were 183 cases concluded by means of withdrawal or mediation with the coordination of the court with a coordination and compromise rate of 37.89% which showed the new achievement reached by Minhang District People’s Court in promoting the construction of material settlement mechanism in solving dispute. As for the type of cases, cases involving key livelihood field (reconstruction of old area, “five illegal behaviors and four compulsory works” comprehensive environment renovation, traffic offence renovation, etc.), market supervision dispute caused by complaint, report and reply and administrative registration case caused by registration of real estate accounted for around 70% of all cases solved through coordination. From the perspective of geographical distribution, the number of cases solved by coordination and compromise in Fengxian District, Minhang District and Songjiang District was respectively 48, 34 and 27 accounting for 60% of all cases solved through coordination. According to the White Paper, Minhang District People’s Court devoted itself to solve the substantive appeal of the parties involved and conclude litigation and lawsuit by deepening judicial concept, perfecting trial mechanism and strengthening communication and coordination. For this purpose, in 2018, Minhang District People’s Court established the multifold mediation and settlement center for administrative dispute and appointed law experts, practicing lawyers and NPC members to act as the members, positively guided the parties involved to solve the administrative disputes in a non-lawsuit manner relying on the center’s platform and reinforced the communication and coordination with the government by means of judicial suggestion, coordination and conflict resolution letter and other means which obtained good judicial and social results. As indicated in the White Paper, in 2018, the administrative organs within the jurisdiction further enhanced their capacity of solving problems by applying the concept of rule of law and the suit response level was improved stably. Among those administrative litigation cases concluded by Minhang District People’s Court in the last year, 38.72% of those cases were responded by the principal of the administrative body before the court. Most of the administrative organs can timely reply to the lawsuit, appear in court on schedule and perform the obligation of proof and cross-examination in a good manner. For example, Minhang District Human Resources and Social Security Bureau, Minhang District Market Supervision Bureau, Jingan District Market Supervision Bureau, Shanghai Municipal Natural Resource Ownership Affirmation Bureau and other administrative organs formed response teams comprised of law enforcement and handling personnel, legal staff and legal advisors. In some cases, administrative organs made the parties involved accept judgment and solve litigation by positively responding to the lawsuit. For example, in addition to provision of scene identification evidence by the law enforcement police, the traffic police division in Jingan District also provided the surveillance video of traffic offence. Faced with clear fact of offence and irrefutable evidence, the plaintiff initiatively withdrew the lawsuit.
