In order to fully leverage administrative adjudication functions and serve the high quality economic and social development of Shanghai, this morning (October 31), the Shanghai High People's Court held a press conference to brief on the administrative adjudication work of Shanghai courts in 2024, and to release the 2024 White Paper on Administrative Adjudication in Shanghai (hereinafter referred to as the "White Paper"), as well as typical administrative adjudication cases and typical cases on the substantive resolution of administrative disputes.

Cao Jie, Vice President of the Shanghai High People's Court, and Lou Zhengtao, Chief Judge of the Administrative Division (Compensation Committee Office), attended the press conference and answered questions from reporters. Zhang Haijuan, Director of the Law Publicity Department (News Center) and Spokesperson of the SHPC, chaired the press conference.

Focusing on Overall Central Tasks and Deepening the Substantive Resolution of Administrative Disputes

The White Paper shows that in 2024, Shanghai courts accepted a total of 8,406 administrative cases of first instance, a year-on-year increase of 32.07%. From the perspective of the administrative law enforcement fields involved, four categories of cases were relatively numerous, namely housing expropriation, public security, human resources and social security, and market regulation, totaling 5,435 cases and accounting for 64.7%. From the perspective of the appearance of heads of administrative authorities in court to respond to lawsuits, the appearance rate of heads of administrative authorities in court to respond to lawsuits reached 84.9%, representing a year-on-year increase of 9.2%.

The White Paper notes that in 2024, administrative adjudication by Shanghai courts focused on overall central tasks, continuously strengthened service and safeguards. Their efforts were closely aligned with the advancement of Shanghai's "five centers" development, the construction of a law-based business environment, and the development of a livable city, with corresponding work measures being strengthened in a targeted manner. In February 2024, Shanghai courts established China's first tax affairs tribunal at the Shanghai Railway Transportation Court, and concurrently designated a tax affairs tribunal within the Administrative Division of the Shanghai Third Intermediate People's Court (Shanghai Intellectual Property Court and Shanghai Railway Transportation Intermediate Court), with centralized jurisdiction over administrative cases where tax authorities of Shanghai are involved as parties, effectively safeguarding the tax order and protecting the lawful rights and interests of market entities.

The White Paper further points out that Shanghai courts have put the ¡°people-centered¡± approach into practice, and have continuously deepened the substantive resolution of administrative disputes. In 2024, 22 administrative dispute diversified resolution centers were established across 16 districts, achieving "full coverage". The coordination and resolution rate of administrative cases of first instance in Shanghai courts reached 46.4%, representing a year-on-year increase of 8.7%.

With regard to further advancing the development of a government ruled by law, the White Paper puts forward four recommendations: focusing on promoting law-based administration and continuously strengthening the development of a government ruled by law; focusing on the prevention and resolution of administrative disputes and continuously strengthening government-court collaboration; focusing on the appearance rate of heads of administrative authorities in court in respond to lawsuits and continuously deepening the effectiveness of such appearances; and focusing on enhancing administrative law enforcement capacity and continuously strengthening team development.

Building Demonstrative Typical Cases to Advance the Development of a Government Ruled by Law

In order to better give play to the demonstrative and guiding role of typical cases and to showcase the effectiveness of administrative adjudication by Shanghai courts in fully performing adjudicative functions and substantively resolving administrative disputes, the press conference also briefed on 9 typical administrative adjudication cases and 6 typical cases on the substantive resolution of administrative disputes.

The cases announced on this occasion cover multiple areas of administrative management, including customs supervision, market regulation, planning and natural resources, public security, housing expropriation, and taxation. They involve administrative authorities at the municipal, district, and township or sub-district levels, as well as vertically managed authorities such as customs. They comprehensively reflect the latest developments in Shanghai courts' implementation of Xi Jinping Thought on the Rule of Law, their provision of high quality administrative adjudication services for Shanghai's "five centers" development, and their efforts to promote the development of a government ruled by law.

For example, among the typical administrative adjudication cases, in the case of Zhao v. a customs authority & Shanghai Customs concerning an administrative penalty decision and administrative reconsideration, the key adjudicative point clarified that declaring imports through cross border e-commerce transactions by "order brushing" using fabricated orders and payment information in order to qualify for preferential import tax rates constitutes smuggling, and that where customs authorities impose penalties on such conduct, the People's Court shall support such penalties in accordance with the law. In the case of Xiao v. a district market supervision administration and a district people's government concerning industrial and commercial registration and administrative reconsideration, the scope of the examination obligation of the registration authority for market entities under specific circumstances was clarified. The relevant cases play a positive role in further strengthening the standardized development of administrative law enforcement, provide referenceable approaches and methods for the review of similar cases, and are also conducive to enhancing the expectations of citizens, legal persons, and other organizations regarding judicial adjudication.

Similarly, among the cases involving the substantive resolution of administrative disputes, in the case of Wu v. the Shanghai Municipal Bureau of Natural Resources Confirmation and Registration concerning an information notice, the People's Court facilitated resolution by issuing a letter for the coordination and resolution of contradictions. Through constructive dialogue with the plaintiff and administrative authority, the court systematically addressed institutional "pain points and bottlenecks" in real property rights registration, achieving holistic and substantive conflict resolution. This approach promoting the conclusion of cases and the resolution of underlying issues in administrative disputes.

The white paper on administrative adjudication is an important avenue and means for Shanghai courts to extend adjudicative functions and promote the development of the rule of law. It is reported that since the Shanghai High People's Court began issuing the white paper on administrative adjudication at an early stage nationwide in 2004, this year marks the 22nd consecutive year of the release of the white paper on administrative adjudication, which has received great attention from municipal and district level governments and positive feedback from relevant administrative authorities, with its role becoming increasingly prominent.

Going forward, Shanghai courts will give full play to their adjudicative functions, consistently uphold the fairness and impartiality of administrative adjudication, and reinforce judicial contributions to protecting citizens' rights and advancing law-based administration.