An undeniable reality: In recent years, with the implementation of the case filing and registration system and the newly revised Administrative Litigation Law, administrative reconsideration and administrative litigation cases involving land and resources have shown a trend of... “ Large volume, surge ” Under these circumstances, the administrative law enforcement agencies for land and resources are facing an unprecedented and formidable challenge.

　　11 Moon 21 On the day, Jiang Daming, Minister of the Ministry of Natural Resources, signed the Ministry of Natural Resources’ No. [number] document. 76 The Order announcing the revised “Regulations on Administrative Review of Land and Resources” (hereinafter referred to as the “Regulations”) is hereby issued. 2018 Year 1 Moon 1 Effective from the date of promulgation, this represents an important achievement and a significant milestone in the construction of a law-based land management system for the new era, as well as a proactive response by the land and resources authorities to unprecedented pressures. On this topic, Wei Lihua, Director of the Policy and Regulations Department of the Ministry of Natural Resources, accepted an exclusive interview with our reporter.

　　The revision is both a necessity of the times and what the people urgently hope for.

　　Wei Lihua introduced that the “Regulations” are... 2001 It was formulated and implemented in accordance with the Administrative Reconsideration Law of the People's Republic of China. 2009 This year, the first revision was carried out to implement the "Regulations of the People's Republic of China on Administrative Reconsideration"; this revision marks the second one. She specifically pointed out: “ This revision is a comprehensive update undertaken by the land and resources authorities to adapt to the new era and new circumstances, with a people-centered approach and guided by the fundamental principles of convenience and efficiency, fairness and justice, and substantive resolution of conflicts and disputes. It builds on the accumulated experience in administrative reconsideration work related to land and resources over recent years. ”

　　Wei Lihua pointed out that the revision of the “Regulations” was primarily driven by three key considerations:

　　First, under the new circumstances, administrative reconsideration cases involving land and resources are showing... “ Large volume, surge ” The situation is characterized by a sharp contradiction between cases and personnel, as well as a severe imbalance between supply and demand. The current working model and staffing conditions are no longer adequate to keep pace with the rapid changes in the administrative reconsideration landscape.

　　Second, the issue of abuse of the right to request reconsideration is prominent; information disclosure. “ Toolization ” Administrative reconsideration “ Petitioning transformation ” The tendency is fairly obvious, and the phenomenon of procedural idling is relatively widespread. The effectiveness of resolving conflicts and disputes still needs to be improved.

　　Third, certain administrative actions by departments in charge of land and resources are not standardized. In terms of ideological awareness, implementation of responsibilities, institutional mechanisms, and capability levels, these departments still fail to meet the needs of the public and the requirements of building a law-based land management system. The main issue is that some local departments in charge of land and resources are reluctant to fulfill their duties in administrative review and do not respond seriously to public complaints and reports, thereby giving rise to public misunderstandings.

　　 “ We deeply feel that, in order to adapt to the new characteristics and new requirements of administrative reconsideration work in the new era, it is necessary to comprehensively review and revise the workflow for administrative reconsideration of land and resources matters. ”  Wei Lihua stated that the purpose of the revision is precisely to... “ Eliminate unnecessary red tape and procedural redundancies, while incorporating into the Regulations practical approaches and experiences that have proven effective and enjoy broad consensus with judicial authorities. This will enhance the efficiency and quality of administrative review work, ensuring that rights are better protected within the framework of the rule of law. ” She believes that this is an indispensable step in building a country governed by the rule of law, and also a practical necessity for advancing the modernization of the national governance system and governance capacity.

　　Six key highlights embody the spirit of the rule of law.

　　 “ A comprehensive review of the revised “Regulations” reveals six key highlights that have drawn significant attention and further underscore the spirit of a law-based land management system. ”  Wei Lihua explained one by one.

　　First, to address the issue of escalating disputes, the jurisdiction for administrative reconsideration by dispatched agencies has been clarified. In accordance with the principles of proximity and convenience for the public, and to enhance the effectiveness of dispute resolution, the “Regulations,” in compliance with the provisions of the Administrative Reconsideration Law, further specify that if a party disagrees with administrative actions—such as government information disclosure or the handling of complaints and reports—taken by a dispatched agency of the land and resources authorities in directly-administered municipalities or other prefecture-level cities, and seeks administrative reconsideration from the land and resources authority, the case shall be accepted by the land and resources authority that established the dispatched agency. This provision also outlines procedures for forwarding the case to the competent administrative reconsideration authority and notifying the applicant. It explicitly stipulates that the administrative reconsideration authority receiving the forwarded case must handle it in accordance with the law and may not forward it again on its own initiative.

　　Second, while safeguarding the right of the public to file administrative review applications, we will also regulate instances of abuse of such rights in certain specific areas. To address the pressing issue of procedural inertia in cases involving government information disclosure and the handling of complaints and reports—thereby protecting and regulating the rights of parties involved and curbing the phenomenon of a very small number of individuals maliciously draining administrative and judicial resources—we have, after consulting with the Legislative Affairs Office of the State Council and courts at all levels and in accordance with the spirit of the “Several Opinions on Further Protecting and Regulating the Exercise of Administrative Litigation Rights by Parties in Accordance with the Law,” issued by the Supreme People’s Court, formulated these Provisions. While fully guaranteeing the right of parties to file administrative review applications, the Provisions clarify the procedures for handling administrative review applications related to information disclosure and complaints and reports. On the one hand, the Provisions stipulate that in five situations where the respondent has already fulfilled its obligation to provide information disclosure, the administrative review authority may dismiss the application using a simplified procedure, without requiring the respondent to submit a written response or supporting evidence and legal basis. This encourages respondents to proactively disclose government information and actively address public concerns. On the other hand, the Provisions require administrative review authorities to strengthen their services and guidance aimed at helping the public seek redress for their rights, clearly explaining to applicants the legal channels available for protecting their rights through complaints and reports.

　　Third, we will build a transparent reconsideration system and promote the public disclosure of administrative reconsideration procedures and outcomes. To implement the government’s requirements for information disclosure and continuously enhance the credibility, transparency, and authority of administrative reconsideration, and further safeguard the legitimate rights and interests of the parties involved, the Regulations clearly stipulate that channels through which administrative reconsideration authorities in the land and resources sector receive applications for administrative reconsideration, as well as the status of acceptance of such applications, shall be publicly announced via appropriate channels such as the official website and the official WeChat account, and efforts will be made gradually to make administrative reconsideration decisions publicly available.

　　Fourth, try. “ Flaw healing ” Exploring new approaches to administrative reconsideration decisions. The “Regulations” creatively stipulate that, during the review process of administrative reconsideration, if the administrative reconsideration authority finds that the outcome of the administrative action is correct and does not impair the substantive rights and interests of the applicant, yet there are non-substantive defects in fact-finding, citation of legal grounds, or submission of evidence—defects that are minor in nature—the administrative reconsideration authority may point out these defects in the reconsideration decision and issue a ruling dismissing the reconsideration application or upholding the original administrative action. The respondent shall, within the prescribed time limit, provide a written explanation addressing the issues pointed out by the reconsideration authority and report on the corrective measures taken. This provision can effectively prevent procedural delays, reduce the burden on parties involved, and promote the substantive resolution of disputes.

　　Fifth, we will emphasize process reengineering, establish a mechanism for differentiating between complex and simple cases, and optimize the administrative reconsideration procedures. The "Regulations" specify that, for ordinary cases, a written review will be conducted; when necessary, fact-finding may be carried out through review meetings or hearings, and experts may also be convened to provide legal interpretations on relevant issues. Administrative reconsideration cases involving substantial amounts at stake, complex legal relationships, or those likely to have a significant impact on the standards governing administrative enforcement of land and resources shall be reviewed by the Administrative Reconsideration Committee. The "Regulations" also set forth provisions regarding circumstances under which cases may be consolidated for trial and simplified reply procedures may be adopted.

　　Sixth, strengthen supervision over the implementation of administrative reconsideration decisions and ensure smooth channels for safeguarding the rights and interests of the public. “ The last mile ” To ensure that the respondent complies with the administrative reconsideration decision, and in light of actual work conditions, the “Regulations” have incorporated the “Provisions on the Implementation and Supervision of Administrative Reconsideration Decisions in Land and Resources” (Ministry of Land and Resources Order No. [number]). 54 The core provisions of the [Law/Regulation Name] have been refined and improved to streamline the procedures for implementing reconsideration decisions and clarify the corresponding legal responsibilities.

　　Implementing and carrying out the policy is a top priority.

　　 “ The vitality of the law lies in its implementation, and the authority of the law also rests on its implementation. ” Regarding the implementation of the “Regulations,” Wei Lihua stated that, in the next step, the Ministry of Natural Resources will take the following three measures to ensure strict and rigorous implementation.

　　First, strengthen organizational leadership, clearly define responsible entities and key links, highlight the effectiveness of accountability, and propose specific measures for implementing the “Regulations.” Second, establish and improve the institutional framework. Localities should, in accordance with the requirements of the “Regulations” and taking into account their local conditions, establish and refine administrative reconsideration systems. Third, organize publicity, training, and supervision and inspection to ensure that the “Regulations” are thoroughly implemented.