Chapter 336 Is It Difficult to Enforce Administrative Cases? I Submitted It Back to Supervision and Review!

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

But Xiao Pingjun's case involves such a big thing.

Let's be honest.. there's probably more than just inaction involved.

It even involves concealing it internally.

It is a non-reporting and non-investigation.

If reported, the case will definitely be investigated in depth.

By that time, the scope and liability issues for accountability will also be magnified.

The main reason why I didn't report it initially was that if I reported it, it might also be affected by other factors.

As a result, it doesn't have much effect.

For example: Relevant departments responded that we are investigating and handling the matter.

Then what?

Do you keep delaying and reporting?

Administrative reconsideration is always difficult, let alone anything else.

But it's different after the prosecution. After the prosecution, the facts of inaction are involved.

Using this to report, can the rhetoric of the relevant departments outweigh the judgment of the court?

Definitely not!

The court's decision is legally binding.

If you say you did nothing, it must mean that you failed to fulfill your responsibilities during the investigation.

Through this, the supervisory review initiated has a relatively large effect.

This is also the relevant law enforcement power determined by the court.

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 region.

However, a certain region has been saying that it has no money and refuses to compensate.

Due to the legal immunity of fiscal exclusive.

The court cannot freeze it directly.

If you can’t directly freeze your finances and say that you have no money, what should you do if you don’t get it back?

Doesn’t it seem that there is no progress at this point?

But things went beyond everyone's expectations.

The president of the Railway Court is very concerned about this case.

So I kept following a certain leader's bus.

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

In the end, the finance department paid compensation and the bus was returned.

Of course, this situation is in the minority.

That court was then a railroad court.

This is the case only if the jurisdiction is relatively independent.

As for the local court, it will definitely not be done.

It can only be said to be a special situation.

However... for Su Bai, as long as the court makes relevant judgments, it will not be difficult to implement this case.

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

"What should we do next?"

"Let the courts enforce it?"

Su Bai smiled and said: "It is almost impossible for the court to enforce it."

"Let's sort out the materials first."

“If the defendant’s department fails to implement relevant measures within the time limit specified by the court.”

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

report? !

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

Then he nodded heavily: "Okay Lawyer Su!"

Report this, she loves it the most!

But this deadline issue...

"Lawyer Su, how long do you need to wait within the prescribed time limit?"

"Within 7 to 15 working days, depending on the required deadline."

"Because the court's decision gave time for corresponding corrections, the conditions for refusing to perform were not met."

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

"profound."

"Okay Lawyer Su!"

"But...but what about the review unit...I think this review unit also failed to do anything."

"However, the court decided not to review the review unit based on the relevant interpretation of the Supreme Court."

"What about this...what should I do with this?"

Li Xuezhen's face was filled with confusion and a little expectation.

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

Just send them all in.

Therefore, the court is a non-prosecution review unit.

Li Xuezhen seemed very caring.

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

“The law stipulates that reconsideration units and administrative units shall not be prosecuted at the same time.”

"But separate prosecutions are possible."

"Furthermore, the Intermediate Court is under the jurisdiction of Jinshi Nan District."

"Sue the administrative jurisdiction of the Southern District."

"The relevant trial will definitely be difficult to decide, if there are any other circumstances, or the relevant supervision is not qualified."

"You can apply to the Provincial High Court to transfer jurisdiction, or apply to the Provincial High Court to review the review unit."

“It’s not easy to hear the case in the Intermediate Court, but it’s not easy to hear it in the High Court?”

The Provincial High Court has a much higher administrative level than 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 face was filled with joy and her eyes were wide open 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 implementation of this case can be advanced.

certainly.…

It would be a better thing if the court could make relevant advancements.

However, what was said on the other side was very vague, which meant that the execution of administrative cases was somewhat difficult, after all, they were not in the same unit.

Moreover, if enforced, there will be certain difficulties.

Hearing this, Su Bai also expressed his understanding.

It is too common that administrative judgments are difficult to enforce...

Since court enforcement cannot achieve much effect.

Then we still need to wait for a while to see whether various departments have implemented it after the execution deadline given by the court.

If implemented, this case can be regarded as completing the client's litigation claims.

If it is not implemented, report it directly when the time comes.

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

And leave evidence that you went to various departments.

After all, no matter what, this is conclusive evidence.

It will definitely be useful to report and initiate supervision and review when the time comes.

.

….

Dafa Supermarket, General Manager's Office.

Since the trial ended, Wang Hai has not been in a good mood.

Because this case not only failed, but also faced many problems, such as compensation issues and complaints.

and a related public apology.

In fact, Wang Hai doesn't care about the issue of compensation.

How much compensation can be paid?

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

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

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

And tell everyone that they must demand compensation.

They can even gather groups to find people who have purchased expired products and defective counterfeit goods at Dafa supermarkets.

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

Then there is.

Led by Xiao Pingjun, many people went to the industrial and commercial, health and food safety departments to complain about Dafa Supermarket.

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

At this time, the cell phone rang.

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

After seeing the name of the person who made the note, he hurriedly picked up the phone and said with an apologetic smile:

"Brother Zhang..."

An impatient voice immediately came from the other end of the phone: "What's going on in your supermarket lately?!"

"The trial ended a few days ago, and the person in charge told me that we lost the case."

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

"But why are there more and more complaints from supermarkets now?"

"I even complained to the city..."

"What's going on over there?"

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

"That Xiao Pingjun, he's always been talking about the bad quality of our supermarket..."

"It's useless to call the police. Law enforcement officials said that they did not interfere with normal public order and did not spread rumors."

"Now a lot of people are making random complaints..."

"Brother Zhang, I really have no choice... You see our supermarket donates things every year. Brother Zhang, please help us suppress these complaints for the time being."

"Otherwise, it would be really difficult for my supermarket to continue operating."

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

"The health and food inspection side said they lost the case, but I have asked about it."

"The court can't enforce it at all. You should seize the time to rectify the supermarket.

"Don't end up with a lot of complaints later."

"I can still suppress it now."

"But if you keep complaining later, it won't be easy for me to talk about it. Do you understand?"

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

"Well, don't thank me yet. Do your things well first."

After hanging up the phone, Wang Hai took a long breath. As long as there are other departments of industry and commerce, there will be no relevant penalties.

Procrastinate for now.

Then the follow-up matters will be much easier to handle.

It's just...after this incident, it's the end of the year, and I'll probably have to donate a lot more things.

Thinking of this, Wang Hai really hated Xiao Pingjun.

.

….

15 working days after the conclusion of the judgment.

Baijun Law Firm.

Commander Xiao Ping sighed: "Lawyer Su... we have won the case now."

"But the relevant departments still haven't done anything, so it's useless to complain."

"People keep saying that they are under investigation, but there is no reply on the progress of the investigation."

"Lawyer Su...I just feel so angry!"

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

Although the case was won in court, there was no way to deal with it and it seemed very powerless.

In response, Su Bai comforted him and said:

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

Xiao Pingjun looked helpless: "It's not that there is no reply."

"Every time I reply, 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 implementation are not disclosed at all."

"I followed what you said, Lawyer Su, and went to reconsider it again. Guess what?"

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

"Let me handle this myself."

“….”

Xiao Pingjun looked distressed, even though the flow of people in Dafa Supermarket has decreased now.

But he still didn't receive any punishment from the administrative department, and he was very depressed.

Su Bai smiled and said: "Don't worry yet, there is still a way to deal with this matter."

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

Mainly, I was worried about telling Xiao Pingjun about this matter in advance.

If other problems arise, it will be difficult to deal with.

But now that the execution period has passed and we have reached the stage of refusing to perform, we don’t have to worry about this at all.

So I talked to Xiao Pingjun about the subsequent progress.

After hearing this, Xiao Pingjun slapped his thigh: "Lawyer Su, this is great!"

"Let's report them all directly!"

"After the provincial government fails to do anything, what if there are other cases of expired food poisoning and the treatment of children fails?"

"You should report them properly!"

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

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

According to relevant laws and regulations, administrative units that refuse to implement court decisions.

Judicial requests can be made to a higher level or to the supervisory authority.

In addition, department heads and persons in charge who refuse to perform in serious cases and who constitute other acts will be dealt with in accordance with the law.

Let’s not talk about other things first…

Just saying that this caused mass food poisoning and not reporting it to the higher level may constitute an underreporting.

Submit it to supervisory review, why should we get to the bottom of it?

Besides...

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

Don’t the various relevant departments know the seriousness of this situation?

Based on this situation, why do various departments still not impose relevant penalties?

This point deserves more in-depth consideration.

But no matter what, as long as the relevant supervisory review is submitted.

The examiner will naturally come up with a result and answer.

No matter what else!

Report it first and then talk!

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

After walking out of the supervision and review department, Su Bai breathed a sigh of relief.

Now that the relevant supervisory review has been submitted, we just need to wait for the subsequent inspection results.

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

Basically no problems!

And on the other side...

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

The evidence was confirmed to be true and the facts were clear.

In an office.

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

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

"Involving industry and commerce, food inspection and sanitation, please notify the heads of these departments and come to us for an investigation."

"OK."

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

Silently: "This mass food poisoning incident is not reported?"

He shook his head and did not continue to think about it. According to the leadership's request, he notified the responsible persons in charge of all parties and came over for investigation.

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

Zhang He hung up the phone and frowned. Who reported him to the supervision department?

The phone call only asked him to go there, but he didn’t mention why he was going!

This inevitably made Zhang He feel a little nervous.

Could it be because of the Dafa Supermarket incident?

"If it comes to this, it should just be a conversation, no problem."

Thinking of this, Zhang He felt relieved.

.

….

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