Chapter 336 - Difficult to Enforce Administrative Cases? I backhanded to the supervisory review!

The difficulty of administrative cases lies in the difficulty of enforcement.

However, Xiao Pingjun's case involved such a big thing.

Let's be honest.. It may be more than just inaction.

It even involves internal concealment and non-reporting.

It is not reported and not investigated.

If it is reported, then the case will definitely be pursued in depth.

At that point, the question of the scope and accountability of the prosecution will also be magnified.

The main reason why the report was not made at the beginning is that there may be other factors involved in the report.

As a result, there is not much effect.

For example, the relevant department responded, and we are investigating and dealing with it.

And then what?

Is it a constant delay in reporting?

Administrative reconsideration is difficult, let alone others.

However, it is different after the indictment, which involves the fact of determining the omission.

To report in this way, can the rhetoric of the relevant departments be greater than the judgment of the court?

Definitely not!

The Court's decision has legal effect.

To say that you have not acted is to be responsible for your failure to do so in the course of your investigation.

Through this, the supervision and review mentioned has a relatively large effect.

This is also the relevant enforcement power determined by the courts.

Speaking of this, Su Bai not only remembered an interesting story about an administrative case.

It is said that there is a case involving financial compensation in a certain area.

However, a certain area has always said that it has no money and will not compensate it.

Since the fiscal ear has legal immunity.

The court cannot freeze it outright.

If you can't directly freeze your finances, and say that you don't have any money, or you won't come back, what should you do?

At this point, does it seem that there is no progress?

But things were beyond everyone's expectations.

The president of the railway court was very interested in this case.

So I kept tracking the bus of a certain leader.

When the driver went to wash the car, he showed the relevant information and detained the car for mortgage.

In the end, the forced finance gave compensation and asked for the bus back.

Of course, this case is in the minority.

At that time, it belonged to the Railway Court.

This is the case when the jurisdiction is relatively independent and relatively independent.

As for the local courts, they certainly won't do that.

It can only be said that it is a special case.

But.... For Su Bai in this case, as long as the court makes a relevant judgment, it is not difficult to enforce it.

On the side, Li Xuezhen's small face was solemn: "Lawyer Su.... It is difficult to enforce administrative cases. ”

"What are we going to do next?"

"Let the courts enforce it?"

Su Bai smiled and said, "It is almost impossible to let the court enforce it. ”

"Let's sort out the materials first."

"If the defense department does not implement the relevant measures within the time limit set by the court."

"Let's go to the relevant supervision department to report."

Report?!

As soon as she heard the word report, Li Xuezhen's eyes kept shining.

Then he nodded heavily: "Okay lawyer Su!" ”

Report this matter, she likes it the most!

But this deadline is a problem....

"Lawyer Su, how long do you have to wait within the specified time limit?"

"Within 7 to 15 working days, according to the stipulated period as it should be."

"Because the court's judgment gave time for corresponding rectification, the conditions for refusal to perform were not met."

"If it is not achieved, the role of corresponding supervision and review will be much smaller, and then wait."

"Oh."

"Okay lawyer Su!"

"But... But what about the reconsideration unit.... I think there is also inaction on the part of this reconsideration unit. ”

"However, according to the relevant interpretation of the Supreme People's Court, the court decided not to review the reconsideration unit."

"What about this.... What should I do about this? ”

Li Xuezhen's face was puzzled, and she had some expectation.

For Xiao Li, what could be more worth looking forward to than sending all the people in the defendant's seat in?

It's good to send it all in.

Therefore, for the court, which is a reconsideration unit that does not prosecute.

Li Xuezhen seemed very concerned.

Su Bai smiled after seeing Xiao Li's expression, and then spoke:

"The law stipulates that the reconsideration unit and the administrative unit shall not be prosecuted at the same time."

"But separate prosecution is possible."

"Another thing is that the Intermediate People's Court is under the jurisdiction of the southern district of Jinshi."

"Sue the Southern District Administrative Jurisdiction."

"The relevant trial will definitely be a bad judgment, if there are really any other circumstances, or the relevant supervision is not qualified."

"You may apply to the Provincial High Court for the transfer of jurisdiction, or apply to the Provincial High Court to hear the reconsideration unit."

"The Intermediate People's Court is not easy to hear, and the High Court is not easy to hear?"

The administrative level of the Provincial High Court is much higher than that of the Intermediate Court.

For a district administration, if a judgment is made, there is no burden at all.

"Oh, okay, Lawyer Su, I understand!"

After listening to Su Bai's words, Li Xuezhen's little face was happy, and her eyes were squinting with a smile.

Send it in, send it all in!.

….

After the verdict, Su Bai also contacted the staff of the Law Enforcement Department.

Ask if the relevant enforcement of this case can be carried forward.

Of course....

It would be better if the courts could move forward.

However, the other side is very vague, which means that the enforcement of administrative cases has a certain degree of difficulty, after all, it is not in the same unit.

Moreover, if it is enforced, it will be difficult.

Hearing this, Su Bai also expressed understanding.

It is too common for administrative judgments to be difficult to enforce....

Since it cannot achieve much effect from the side of court enforcement.

Then it is still necessary to wait for a period of time, and after the enforcement period given by the court has expired, whether the various departments have carried out the implementation.

If implemented, the case can be regarded as the fulfillment of the client's claim.

If it is not implemented, it will be reported directly when the time comes.

On the other hand, Su Bai also asked Xiao Pingjun to go to various administrative departments to urge the implementation.

And leave yourself the evidence of going to various departments.

After all, this is also a conclusive proof anyway.

When the time comes, it will definitely be useful to report and initiate supervision and review.

.

….

Dafa Supermarket, General Manager's Office.

Since the end of the trial, Wang Hai's mood has not been too good.

Because this case not only lost, but also needs to face many problems, such as compensation issues and complaint issues.

and related public apologies.

In fact, when it comes to compensation, Wang Hai doesn't care.

How much can I compensate?

According to the regulations, he gave this money, not that he could not afford to give it, nor was he unwilling to give it.

It's okay to just compensate Xiao Pingjun's family, but what is the current situation?

After Xiao Pingjun won the trial, he began to explain his victory to other families who had purchased expired food.

And tell everyone that you must ask for compensation.

Even, pull a group to find people who have bought expired products and bad fakes in Dafa supermarket.

This has a great impact on Dafa Supermarket, not only in compensation, but also in terms of word of mouth.

And then there is.

Driven by Xiao Pingjun, many people went to the departments of industry and commerce, health and food safety to complain about their Dafa supermarket.

In recent days, the reputation of the supermarket has been very bad, and the flow of people has decreased visibly!

At this time, the mobile phone rings.

Wang Hai picked up the phone irritably and looked at the mobile phone page.

After seeing the name of the remarker, he hurriedly picked up the phone and said with a smile:

"Brother Zhang...."

On the other end of the phone, an impatient voice immediately came: "What's going on in your supermarket lately?!" ”

"A few days ago, the trial ended, and the person in charge told me that I lost the case."

"If you lose the lawsuit, you just need to go through a process, and it may not be enforced."

"But why are there more and more complaints in the supermarket now?"

"I even complained to the city...."

"What's going on over there?"

Wang Hai hurriedly explained: "Brother Zhang, this is not a follow-up to this case. ”

"What is that Xiao Pingjun, who has been saying that our supermarket is not good nearby...."

"It's useless to call the police, and the law enforcement side said that people did not interfere with normal public order and did not spread rumors."

"Now it has caused a lot of people to complain indiscriminately...."

"Brother Zhang, I really can't help it.... You see that our supermarket donates things every year, Brother Zhang, you can help and suppress these complaints for the time being. ”

"Otherwise, my supermarket will really not be able to open."

Zhang He, who was on the other end of the phone, was silent for a few seconds and said, "Okay." ”

"On the hygiene and food inspection side, although I said that I lost the lawsuit, I also asked."

"The court can't enforce it at all, you hurry up and rectify the supermarket.

"Don't get it in the back, it's another bunch of complaints"

"Now I can still hold it down."

"But if you keep complaining later, then it's not easy for me to say it, understand?"

"Okay, thank you, Brother Zhang...."

"Well, don't thank me yet, get everything done on your side first."

Hanging up the phone, Wang Haichang exhaled, as long as there are other departments of industry and commerce, no relevant punishment will be carried out.

Delay temporarily.

Then the rest of the matter will be much easier.

Merely.... After this incident, at the end of the year, it is estimated that a lot of things will be donated.

Thinking of this, Wang Hai really hated Xiao Pingjun.

.

….

After 15 working days after the end of the judgment.

Baijun Law Firm.

Commander Xiao Ping sighed: "Lawyer Su.... We've won the case now. ”

"But those relevant departments still don't have any behavior, and it's useless to complain."

"People have been saying that they are under investigation, but they have not responded to the progress of the investigation or anything."

"Lawyer Su.... I just can't get angry! ”

When he said these words, Xiao Pingjun couldn't stop sighing.

Although the trial was won, there was no way to deal with it, and it was very powerless.

In this regard, Su Bai opened his mouth to comfort:

"It's okay, you've been complaining all this time, but there's still no reply, right?"

Xiao Pingjun's expression was helpless: "It's not that there is no reply." ”

"Every reply is that the answer is that it is under investigation and is being implemented."

"It's the same words over and over again."

"However, the details and progress of the implementation are not disclosed at all."

"I also went to reconsider again according to what Lawyer Su said, guess what?"

"The person in charge directly scolded me, saying that I was quite capable, and went to the court to sue them."

"Let me figure this out on my own."

“.….”

Xiao Pingjun's expression was distressed, although he said that the flow of people in Dafa Supermarket has decreased now.

But he still hasn't received any punishment from the administrative department, and he is also very depressed.

Su Bai smiled and said, "Don't worry about it first, there is still a way to deal with this matter." ”

Because before, Su Bai did not tell Xiao Pingjun about the report and supervision.

Mainly, I was worried that if I told Xiao Pingjun about this matter in advance.

In case something else goes wrong, then it's not easy.

However, now that the implementation period has passed, and it has reached the stage of refusal to perform, there is no need to worry about this.

So I told Xiao Pingjun about the progress behind.

Xiao Pingjun slapped his thigh after listening: "Lawyer Su, this is good!" ”

"Let's just report them all!"

"In the future, they will not do anything, in case there are other cases of poisoned food expired, and the child is not successfully treated, what should I do?"

"You should report them well!"

Xiao Pingjun said repeatedly, and the depression on his face was swept away.

Immediately afterwards, Su Bai and Li Xuezhen took Xiao Pingjun directly to the reporting and supervision department of Jin City.

In accordance with relevant laws and regulations, administrative units that refuse to enforce a court judgment after it.

A judicial request may be made to a higher level or to a supervisor.

In addition, where the refusal to perform is serious and the circumstances are serious, and other conduct is constituted, it is to be dealt with in accordance with law.

Let's not talk about anything else....

Simply saying that this caused mass food poisoning and not reporting it to the higher level may constitute a concealment.

Submit it for supervision and review, which must not be investigated to the end?

Again....

Another point is that this behavior of Dafa Supermarket has constituted a serious circumstance.

Don't the various relevant departments know the gravity of the situation?

Based on this situation, why do various departments still not carry out relevant penalties and inaction?

This is something that deserves further thought.

But in any case, as long as the relevant monitoring review is submitted.

The examiner will naturally give a result and an answer.

Nothing else!

Report it first!

Is it difficult to enforce administrative cases? Now the person in charge can't implement it, so naturally someone will do it!

After coming out of the supervision and review department, Su Bai exhaled lightly.

Now that the relevant supervision review has been submitted, it is only necessary to wait for the results of the subsequent inspection.

This time the facts he listed were clear and the evidence clear.

Basically no problems!

And on the other side ....

After receiving the relevant materials, the inspection review conducted an investigation based on the relevant materials.

It was confirmed that the evidence was true and the facts were clear.

In an office.

A man in his forties and fifties handed over the materials submitted by Su Bai to the staff in front of him.

"This case involves covering up and covering up mass accidents."

"When it comes to industry and commerce, food inspection, and hygiene, you go and notify the heads of these departments to come to us for an investigation."

"Okay."

After leaving the office, the staff went through the relevant materials.

Silent recitation: "This kind of mass food poisoning, don't report it?" ”

Shaking his head, he didn't continue to think about it, and notified the heads of all parties according to the requirements of the leader, and came over to be investigated.

At the same time, in an office of the industrial and commercial department.

Zhang He hung up the phone, his brows furrowed, who reported him to the supervision department?

The phone only said that he should go once, but he didn't mention why!

This inevitably made Zhang He's heart feel a little nervous.

It can't be because of the Dafa supermarket incident, right?

"If it's involved, it should just be a conversation, and there's no problem."

Thinking of this, Zhang He breathed a sigh of relief.

.

….

PS: Ask for a monthly pass~

(End of chapter)