法制办公室行政复议应诉处工作总结

　 法制办公室行政复议应诉处工作总结 法制办公室行政复议应诉处工作总结

　　一年来，行政复议应诉处在办党组的正确领导下，认真学习党的十七大精神，积极参加学习实践科学发展观活动，围绕发挥行政复议制度解决行政争议、建设法治政府、构建社会主义和谐社会的功能，不断理清工作思路；研究和探索行政复议的改革、发展和保障稳定的工作，不断明晰了贯彻科学发展观对行政复议工作提出的各项要求；全处牢记“复议为民”的宗旨，团结奋进，克服各种困难，较好地完成了各项工作责任目标。

　一、行政复议申请及案件审理工作

　　全年收到向省政府提出的行政复议申请96件，立案受理的案件57件。其中已审结49件，正在审理或中止的8件（中止6件）；作出其他处理的39件（作出不予受理决定的10件、作告知转送处理的16件、通知补正或未补正的13件）。法定期限内结案率达到100％。与去年相比，今年受理行政复议申请比去年增加24件，增长率为%。总之，凡是符合条件的，我办积极予以受理。与去年同期相比，受理申请数量有所上升，基本完成年度责任目标。

　　在已审结的49件案件中，作出维持决定的11件、维持率为％滤布；作出撤销决定的6件、撤销率为％；作出驳回申请决定的2件、占％；作出终止决定结案的30件、占％，其中：因被申请人自行纠错撤销原具体行政行为而申请人撤回申请的14件、自行纠错率％，因促成双方达成补偿协议等和解而自愿撤回复议申请的11件和经释法明理说服申请人自愿撤回复议申请的5件共16件、和解调解结案率为％。经过复议后诉讼的3件，占％。以上统计表明，今年的行政复议案审工作显示出的特点：一是维持率仍然较低，今年的％与去年的22％相比基本持平；二是纠错率仍然较高，即今年被撤销和自行纠错（共20件）为％，但与去年的50％相比有明显下降；三是和解调解结案率较高，今年的％与去年的％相比有明显上升；四是复议后诉讼的，今年的％与去年的％相比有明显下降，％的案件经过行政复议化解或缓解了行政争议。

　　上述分析说明，省辖市政府和省直部门依法行政的水平仍需大幅提升，省政府的行政复议发挥了有效的监督作用，促进了依法行政，有效维护了当事人的合法权益，及时化解行政争议，维护社会稳定，办案质量和效果较好，基本做到定纷止争，案结事了。

　　二、应诉案件代理工作

　　全年共代理行政应诉案件19件。其中一审案6件、二审案13件。我们全力以赴做好一、二审19件案件的应诉工作和与法院的联系工作。截止到12月底，法院尚在审理中的二审案件1件；已作出一审、二审判决或裁定的18件案件全部胜诉，胜诉率100％。每一案件判决后，我们及时向省政府呈报了案件应诉工作情况报告。

　　与去年同期相比，应诉案件数量持平。

　 按照行政复议报告制度的要求，我办对XX年度的省本级行政复议工作和应诉工作分别向省政府作了年度工作报告，李克常务副省长阅后批示:做了大量工作,成效是显著的,望继续努力。省政府领导对全年的行政复议和应诉工作给予充分肯定和鼓励。

　　三、制度建设

　 以下六项制度已经办领导批准执行：

　 （一）行政复议申请接待制度；

　 压滤机滤布（二）案件定期统计及分析报告制度；

　 （三）行政复议案件卷宗管理制度；

　 （四）行政复议案件质证规则；

　 （五）行政诉讼应诉工作规则；

　 （六）行政复议调查程序规则。

　　除此而外，实行了周例会制度和行政复议接待值班制度。目前，《行政复议案件回访制度》和《办理行政复议事项程序规定》等新增加的制度建设工作，正在调研起草过程之中。

　　四、行政复议指导

　 （一）积极筹备开好年度行政复议工作研讨会，以会代训，提高复议人员的办案水平。11月26日－28日在许昌召开研讨会，主题是交流各地各部门行政复议证据制度建设的经验，研究探讨有关理论问题。各省辖市政府法制机构负责行政复议工作的领导和行政复议人员、省直部分厅局法制机构负责人、部分县（市、区）政府法制机构负责人共90多人参加了会议。省高级法院行政审判庭孙同占庭长、宋炉安副庭长应邀参加会议。会上，省政府法制办党组成员、纪检组长范宝成同志作了题为《努力践行科学发展观开创我省行政复议工作新局面》的讲话，省高级法院行政审判庭宋炉安副庭长就行政复议证据相关理论问题作了辅导报告，5位优秀论文的作者在会上作了发言；会议还分组对如何在行政复议工作中深入学习实践科学发展观、加强行政复议工作制度特别是证据制度建设等进行了热烈讨论。会议还对提交会议的论文进行了评比和表彰。

　 （二）认真的落实国务院法制办部署的行政复议委员会试点工作。基本做到吃透精神、把握原则、熟悉情况、努力探索，省政府行政复议委员会试点工作领导小组已经组成，《河南省人民政府行政复议委员会试点工作方案》（征求意见稿）已经拟定并上报办领导。同时，积极指导省辖市做好参加试点的准备工作，郑州市、安阳市和驻马店市作为试点单位已经确定，各项试点准备工作稳步开展。努力争取实现党组抓住机遇，开拓行政复议工作新局面的工作部署。

　 （三）对省辖市及省直部门上报的疑难案件审理予以工作指导。

　　五、其他工作

　 （一）按照办领导的指示，为努力畅通行政复议渠道，起草《行政复议目标考评实施细则》（征求意见稿），推动全省积极受理行政复议申请。初步完成年度行政复议工作目标责任制各项目标考评工作，拟定了整改意见。

　 （二）深入分析XX年度全省行政复议受理案件数量下降的原因，上报行政复议案件和行政诉讼案件统计分析报告，国务院法制办信息网转发了我省的上述分析报告。

　 （三）协助完成国法办部署的行政复议统计信息制度软件推行工作，全省已普遍实行新的行政复议统计信息制度。两次联系工程技术人员在我省开办培训班，基本达到良好的使用效果，率先达到国法办在县级以上政府和主要政府部门安装使用行政复议、行政诉讼统计软件的要求；1月和7月两次全省统计报送工作按时完成，得到复议司领导的肯定。

　 （四）会同省人事厅对推荐评选全国行政复议先进集体和先进个人的工作作出部署，下发了有关文件，上报了评选推荐的结果，全省有4名个人和1个集体将受到上述表彰。认真做好全省评选行政复议工作先进单位和先进个人的工作，各地各方面上报有关材料已经组织审查完毕。

　 （五）组成课题组完成了国务院法制办复议司交办的《行政复议制度的改革方案》的初稿，已报国务院法制办。

　 （六）提供法制宣传信息稿件5篇，采用了4篇，其中国务院法制办转发2篇。

　　存在的薄弱环节：工作作风需要进一步转变，工作效率还有待于进一步提高，进一步减少延期审结的案件数量；全省行政复议申请数量下降的问题有待于进一步调查研究，采取有效的对策指导不够。

　awareness and service level of the office of cadres and workers. There are plans, steps to arrange the staff to participate in the exchange of learning and testing exercise, and strengthen the office of the Communist Youth League, and other provinces and cities Level office of the office of business exchanges, and strive to form a strong learning atmosphere.(four) to strengthen the team building. Stick with the system of management, strict implementation of the work system, strictly regulate the work procedures; adhere to the training of people with business, the cadres and workers more responsibility, more to provide the stage, to help with, strengthen staff training; adhere to unite people with feelings, really care about the work, learning and life style; adhere to infect people, guide the cadres and workers of self-discipline, dedication, unity, pragmatic, hard-working and carry forward the spirit of selfless dedication, a successful career in the extraordinary position; adhere to work drive, office team members adhere to lead, take the lead To be, learning, solidarity, pragmatic and incorruptible example.Attachment 2:XX municipal Party committee of the Communist Youth League work points,With Deng Xiaoping theory and the important thought of "Three Represents" as guidance, comprehensively implement the Scientific Outlook on Development, the implementation of the party's eight plenary session of the two session of the fifth Plenary Session of the 16th CPC Central Committee, municipal Party committee, the Central Committee of Communist Youth League in the fourth Plenary Session of the 15th CPC Central Committee, XX two session of the five Committee in accordance with the spirit of "leapfrog development, requirements of first-class" people-oriented and service innovation. Means to promote the work, regulate the procedure of management, enhance the quality of image work philosophy, adhere to the service of the work of the center, serve the development of the career of the Communist Youth League, the informatization construction of service agencies, organizations to develop XX, "11th Five-Year" youth career development planning, to further deepen the Communist Youth League The theoretical research, the full implementation of the "Knowledge Youth Information Digital XX League" construction project in XX city and popularization of engineering, unity and cohesion of youth work theory research and information technology team of young talents, and vigorously promote the 2006 year key project implementation work, and strive to achieve the XX chapters of theoretical research and the level of informatization construction on a new level.,Make a plan to develop XX City, "11th Five-Year" youth career development plan, for the implementation of the name of the city government.To promote the two projects. To vigorously promote the popularization of knowledge youth information XX city project, and strive to improve the informatization level of teenagers; vigorously promote the "digital XX League" construction project, make full use of information technology services and promote the work of the Communist Youth League.The construction of three platforms. To improve the efficiency, rich content, give full play to the Communist Youth League <XX magazine, the construction of the Communist Youth League work guidance and communication platform; expand the function, enhance interaction, give full play to the XX youth electronic community website, the construction of information network and participate in the youth service platform; integration of resources, focus on services, the establishment of XX city informatization of young talents Association, give full play to the XX Youth Research Institute and XX Information Association of young talents, and Research on construction of information talent and cohesion platform.,(a) scientific planning, meticulous organization, earnestly XX youth development "11th Five-Year" planning work. In accordance with the scientific, effective, open and operational principles, combined with the actual development of adolescent XX, XX junior career scientific judgment of future development trend, focusing on Ideological Education for youth, youth employment and entrepreneurship, Youth Science and technology innovation, adolescents' learning, youth culture and entertainment, exchanges and cooperation, the adolescent youth participation, and safeguarding the rights and interests of crime prevention, 9 key areas of youth organization construction, develop XX youth career development planning "in 11th Five-Year" XX, actively into the national economy and social development "11th Five-Year" plan system, and on behalf of the municipal government issued Implementation. In the formulation, implementation of the <XX foundation, "11th Five-Year" youth career development planning ", through the investigation and scientific analysis, to develop annual work plans for youth development, actively play with. Planning on implementation effect.(two) to grasp the overall situation, in-depth research, give full play to role of staff Explorer chamber. An in-depth study and practice of Deng Xiaoping theory and the important thought of "Three Represents", comprehensively and accurately grasp the profound connotation of Scientific Outlook on Development, Scientific Outlook on Development to improve as a guide, in-depth study of youth in the new era of growth, ability and level of the Communist Youth League work and youth career the development of the municipal Party Committee Standing Committee. According to the party, and the committee's requirements, and the overall work around the XX Youth League Youth career development, actively play the subjective initiative, improve the ability to participate in the research work, a good staff and the municipal Party Committee Party think tank for work decision-making and deployment . around the center, serving the overall situation, the host of important documents and important document drafting work. Pay close attention to research on the ideological trend of the city's youth, a keen grasp of youth public opinion guidance, timely reflect the city's youth events and problems, do <XX youth opinion > edit work. To further strengthen cooperation with departments and grassroots organizations, constantly to enhance

　awareness and service level of the office of cadres and workers. There are plans, steps to arrange the staff to participate in the exchange of learning and testing exercise, and strengthen the office of the Communist Youth League, and other provinces and cities Level office of the office of business exchanges, and strive to form a strong learning atmosphere.(four) to strengthen the team building. Stick with the system of management, strict implementation of the work system, strictly regulate the work procedures; adhere to the training of people with business, the cadres and workers more responsibility, more to provide the stage, to help with, strengthen staff training; adhere to unite people with feelings, really care about the work, learning and life style; adhere to infect people, guide the cadres and workers of self-discipline, dedication, unity, pragmatic, hard-working and carry forward the spirit of selfless dedication, a successful career in the extraordinary position; adhere to work drive, office team members adhere to lead, take the lead To be, learning, solidarity, pragmatic and incorruptible example.Attachment 2:XX municipal Party committee of the Communist Youth League work points,With Deng Xiaoping theory and the important thought of "Three Represents" as guidance, comprehensively implement the Scientific Outlook on Development, the implementation of the party's eight plenary session of the two session of the fifth Plenary Session of the 16th CPC Central Committee, municipal Party committee, the Central Committee of Communist Youth League in the fourth Plenary Session of the 15th CPC Central Committee, XX two session of the five Committee in accordance with the spirit of "leapfrog development, requirements of first-class" people-oriented and service innovation. Means to promote the work, regulate the procedure of management, enhance the quality of image work philosophy, adhere to the service of the work of the center, serve the development of the career of the Communist Youth League, the informatization construction of service agencies, organizations to develop XX, "11th Five-Year" youth career development planning, to further deepen the Communist Youth League The theoretical research, the full implementation of the "Knowledge Youth Information Digital XX League" construction project in XX city and popularization of engineering, unity and cohesion of youth work theory research and information technology team of young talents, and vigorously promote the 2006 year key project implementation work, and strive to achieve the XX chapters of theoretical research and the level of informatization construction on a new level.,Make a plan to develop XX City, "11th Five-Year" youth career development plan, for the implementation of the name of the city government.To promote the two projects. To vigorously promote the popularization of knowledge youth information XX city project, and strive to improve the informatization level of teenagers; vigorously promote the "digital XX League" construction project, make full use of information technology services and promote the work of the Communist Youth League.The construction of three platforms. To improve the efficiency, rich content, give full play to the Communist Youth League <XX magazine, the construction of the Communist Youth League work guidance and communication platform; expand the function, enhance interaction, give full play to the XX youth electronic community website, the construction of information network and participate in the youth service platform; integration of resources, focus on services, the establishment of XX city informatization of young talents Association, give full play to the XX Youth Research Institute and XX Information Association of young talents, and Research on construction of information talent and cohesion platform.,(a) scientific planning, meticulous organization, earnestly XX youth development "11th Five-Year" planning work. In accordance with the scientific, effective, open and operational principles, combined with the actual development of adolescent XX, XX junior career scientific judgment of future development trend, focusing on Ideological Education for youth, youth employment and entrepreneurship, Youth Science and technology innovation, adolescents' learning, youth culture and entertainment, exchanges and cooperation, the adolescent youth participation, and safeguarding the rights and interests of crime prevention, 9 key areas of youth organization construction, develop XX youth career development planning "in 11th Five-Year" XX, actively into the national economy and social development "11th Five-Year" plan system, and on behalf of the municipal government issued Implementation. In the formulation, implementation of the <XX foundation, "11th Five-Year" youth career development planning ", through the investigation and scientific analysis, to develop annual work plans for youth development, actively play with. Planning on implementation effect.(two) to grasp the overall situation, in-depth research, give full play to role of staff Explorer chamber. An in-depth study and practice of Deng Xiaoping theory and the important thought of "Three Represents", comprehensively and accurately grasp the profound connotation of Scientific Outlook on Development, Scientific Outlook on Development to improve as a guide, in-depth study of youth in the new era of growth, ability and level of the Communist Youth League work and youth career the development of the municipal Party Committee Standing Committee. According to the party, and the committee's requirements, and the overall work around the XX Youth League Youth career development, actively play the subjective initiative, improve the ability to participate in the research work, a good staff and the municipal Party Committee Party think tank for work decision-making and deployment . around the center, serving the overall situation, the host of important documents and important document drafting work. Pay close attention to research on the ideological trend of the city's youth, a keen grasp of youth public opinion guidance, timely reflect the city's youth events and problems, do <XX youth opinion > edit work. To further strengthen cooperation with departments and grassroots organizations, constantly to enhance1 / 1

　awareness and service level of the office of cadres and workers. There are plans, steps to arrange the staff to participate in the exchange of learning and testing exercise, and strengthen the office of the Communist Youth League, and other provinces and cities Level office of the office of business exchanges, and strive to form a strong learning atmosphere.(four) to strengthen the team building. Stick with the system of management, strict implementation of the work system, strictly regulate the work procedures; adhere to the training of people with business, the cadres and workers more responsibility, more to provide the stage, to help with, strengthen staff training; adhere to unite people with feelings, really care about the work, learning and life style; adhere to infect people, guide the cadres and workers of self-discipline, dedication, unity, pragmatic, hard-working and carry forward the spirit of selfless dedication, a successful career in the extraordinary position; adhere to work drive, office team members adhere to lead, take the lead To be, learning, solidarity, pragmatic and incorruptible example.Attachment 2:XX municipal Party committee of the Communist Youth League work points,With Deng Xiaoping theory and the important thought of "Three Represents" as guidance, comprehensively implement the Scientific Outlook on Development, the implementation of the party's eight plenary session of the two session of the fifth Plenary Session of the 16th CPC Central Committee, municipal Party committee, the Central Committee of Communist Youth League in the fourth Plenary Session of the 15th CPC Central Committee, XX two session of the five Committee in accordance with the spirit of "leapfrog development, requirements of first-class" people-oriented and service innovation. Means to promote the work, regulate the procedure of management, enhance the quality of image work philosophy, adhere to the service of the work of the center, serve the development of the career of the Communist Youth League, the informatization construction of service agencies, organizations to develop XX, "11th Five-Year" youth career development planning, to further deepen the Communist Youth League The theoretical research, the full implementation of the "Knowledge Youth Information Digital XX League" construction project in XX city and popularization of engineering, unity and cohesion of youth work theory research and information technology team of young talents, and vigorously promote the 2006 year key project implementation work, and strive to achieve the XX chapters of theoretical research and the level of informatization construction on a new level.,Make a plan to develop XX City, "11th Five-Year" youth career development plan, for the implementation of the name of the city government.To promote the two projects. To vigorously promote the popularization of knowledge youth information XX city project, and strive to improve the informatization level of teenagers; vigorously promote the "digital XX League" construction project, make full use of information technology services and promote the work of the Communist Youth League.The construction of three platforms. To improve the efficiency, rich content, give full play to the Communist Youth League <XX magazine, the construction of the Communist Youth League work guidance and communication platform; expand the function, enhance interaction, give full play to the XX youth electronic community website, the construction of information network and participate in the youth service platform; integration of resources, focus on services, the establishment of XX city informatization of young talents Association, give full play to the XX Youth Research Institute and XX Information Association of young talents, and Research on construction of information talent and cohesion platform.,(a) scientific planning, meticulous organization, earnestly XX youth development "11th Five-Year" planning work. In accordance with the scientific, effective, open and operational principles, combined with the actual development of adolescent XX, XX junior career scientific judgment of future development trend, focusing on Ideological Education for youth, youth employment and entrepreneurship, Youth Science and technology innovation, adolescents' learning, youth culture and entertainment, exchanges and cooperation, the adolescent youth participation, and safeguarding the rights and interests of crime prevention, 9 key areas of youth organization construction, develop XX youth career development planning "in 11th Five-Year" XX, actively into the national economy and social development "11th Five-Year" plan system, and on behalf of the municipal government issued Implementation. In the formulation, implementation of the <XX foundation, "11th Five-Year" youth career development planning ", through the investigation and scientific analysis, to develop annual work plans for youth development, actively play with. Planning on implementation effect.(two) to grasp the overall situation, in-depth research, give full play to role of staff Explorer chamber. An in-depth study and practice of Deng Xiaoping theory and the important thought of "Three Represents", comprehensively and accurately grasp the profound connotation of Scientific Outlook on Development, Scientific Outlook on Development to improve as a guide, in-depth study of youth in the new era of growth, ability and level of the Communist Youth League work and youth career the development of the municipal Party Committee Standing Committee. According to the party, and the committee's requirements, and the overall work around the XX Youth League Youth career development, actively play the subjective initiative, improve the ability to participate in the research work, a good staff and the municipal Party Committee Party think tank for work decision-making and deployment . around the center, serving the overall situation, the host of important documents and important document drafting work. Pay close attention to research on the ideological trend of the city's youth, a keen grasp of youth public opinion guidance, timely reflect the city's youth events and problems, do <XX youth opinion > edit work. To further strengthen cooperation with departments and grassroots organizations, constantly to enhance