Government-enterprise disputes

The first-instance administrative judgment in a case involving the plaintiff Wang Moumou and the defendant Yixian County People's Government for failing to perform its statutory duties of administrative review

Gaobeidian City People's Court of Hebei Province

administrative judgment

(2014) Gao Xingchu Zi No. 84

The plaintiff Wang Moumou, female, was born on June 8, 1965, Han nationality, currently living in Yixian County.

The authorized agent is Wang Qingfeng, male, a lawyer at Beijing Shengting Law Firm.

The authorized agent is Lu Jianan, male, a lawyer at Beijing Shengting Law Firm.

The defendant is the People's Government of Yi County, and its address is Chaoyang West Road, Yi County.

Legal representative Liu Jie, male, county magistrate.

The authorized agent is Wang Kunjiang, male, a lawyer at Hebei Jiapeng Law Firm.

The plaintiff Wang Moumou filed a lawsuit with this court on July 28, 2014 over a dispute with the defendant Yixian County People's Government over its failure to perform its statutory duty of administrative review. This court accepted the case in accordance with the law on July 28, 2014. After accepting the case, a collegial panel was formed in accordance with the law. The trial was held in public on September 8, 2014. The plaintiff, his authorized agent, and the defendant's authorized agent attended the court to participate in the litigation. The trial of this case has now been concluded.

The plaintiff claimed that the plaintiff had applied for information disclosure to the Gaocun Town Government of Yixian County, but the town government did not respond within the statutory time limit. The plaintiff immediately filed an administrative review application with the defendant. On April 16, 2014, the plaintiff mailed an administrative review application and other relevant materials to the defendant. On April 18, 2014, the review application materials were submitted and collected by Yang Bochuan on his behalf. On April 28, 2014, the defendant summoned the plaintiff's attorney and the mayor of Gaocun Town to communicate with the Yixian County Government Office about the progress of the case. However, for more than a month after that, the plaintiff did not receive any reply. Request to confirm that the defendant's omission in administrative review is illegal and order him to perform his duties in accordance with the law.

The defendant argued that in March 2014, the plaintiff filed an information disclosure application with the Gaocun Town People's Government, requesting the disclosure of the isolation network installation contract signed with Zhao Yaonan and the legal and factual basis for the installation of the isolation network. After receiving the application, the Gaocun Town People's Government believed that the information it applied for disclosure involved the interests of a third party. According to the provisions of Article 14, Paragraph 4 and Article 23 of the "Regulations of the People's Republic of China on Information Disclosure", it issued a written solicitation for opinions from the third party Zhao Yaonan. The third party responded in writing on March 22, 2014, that it did not agree to the disclosure. Request to dismiss the plaintiff’s claim.

After the trial, it was found that on March 17, 2014, the plaintiff applied for government information disclosure by mail to the People's Government of Gaocun Town, Yixian County, requesting it to disclose the isolation network installation contract signed with Zhao Yaonan on September 30, 2013, and the legal and factual basis for the isolation network installation. The Gaocun Town People's Government did not respond after receiving the application. On April 16, 2014, the plaintiff filed an administrative reconsideration application with the defendant, requesting confirmation that the Gaocun Town People's Government's inaction on information disclosure was illegal and ordering it to disclose the government information applied for by the applicant. The reconsideration application was delivered by mail and was signed by the defendant’s staff on April 18, 2014. The defendant did not respond within the statutory time limit.

The above facts are confirmed by the plaintiff's application for administrative reconsideration, the express mailing list, and the court statements of both parties.

This court held that according to the provisions of Article 13 of the Administrative Reconsideration Law of the People's Republic of China, the defendant Yixian County People's Government has the legal authority to accept the plaintiff's administrative review application and make an administrative review decision. On April 18, 2014, the defendant accepted the plaintiff's application for administrative reconsideration, but failed to review the contents of the plaintiff's reconsideration application and make an administrative reconsideration decision within the statutory time limit. This constituted administrative inaction, and the plaintiff's claim should be supported. According to the provisions of Article 54 (3) of the Administrative Litigation Law of the People's Republic of China, the judgment is as follows:

The defendant, the People's Government of Yi County, is ordered to perform its statutory duties of administrative review within thirty days from the date of entry into force of this judgment.

The case acceptance fee of 50 yuan shall be borne by the defendant.

If you are dissatisfied with this judgment, you can submit an appeal to this court within fifteen days from the date of delivery of the judgment, and submit copies according to the number of opposing parties, and appeal to the Intermediate People's Court of Baoding City, Hebei Province.

Chief Judge Yin Junhua

People's Assessor Liu Chunyan

People's Assessor Ma Xiaochi

October 8, 2014

Secretary Yang Yahui