The crux of the changes in the code of administrative procedure is, to be clear, the most varied and controversial articles of the draft law this year. I have worked on the judicial practice line for 20 years, from the introduction of the first prosecution law in 1994 to subsequent amendments, and each change shows where the legislation goes. The hot spots of this change are concentratedExpansion of the scope of the caseAndAdjustment of the burden of proofTwo pieces, directly involving every ordinary person with whom the administration has interacted。
What's the change in the code of administrative procedure
The most significant change in the scope of the case. The original "internal administrative acts" were excluded, and the draft included the internal treatment of some of the citizens' vital interests. As a matter of fact, there was a disciplinary decision and a staffing adjustment within the unit. Moreover, administrative measures of constraint prior to administrative punishment, which had previously been subject to a dispute as to whether administrative action could be brought alone, were expressly included in the text。
The burden of proof has also moved. In the past, the defendant's administration had to prove the legality of his actionsRules for the identification of electronic evidenceThe data marks became a hard requirement. Server logs, law enforcement log images, and notice interceptions in the workgroup were previously not valid evidence and now have uniform standards。
Who is affected by the amendment of the code of administrative procedure
The most directly affected are law enforcement cadres at the grass-roots level. A previous penalty decision would probably have been sufficient, and now the process nodes, data capture, notification obligations could have been seized by the courts for any lack of them. I've seen too many cases in practice, lost in a notification procedure, or lost in a chain of evidence, and the judge can't match the original record as soon as it is drawn。
In the case of ordinary citizens, who used to feel that the `civil servant' could not move and could not afford a lawyer, the case is now broad, the rules of evidence are clear and the threshold for prosecution is indeed low. However, in turn, the cost of responding to complaints by the executive is clearly rising。
How do we land the amendments to the code of administrative procedure
The text had been changed, and it was a different matter whether it was possible to catch it at the grass-roots level. In many districts, the judicial filing system still relies on manual overturning of materials, and the electronic filing system cannot keep upTransition periodThe contradictions are concentrated. I know the president of a region, and the first two months after the new law was introduced, half of the judges' workload has been absorbed by a mere change in the format of the instrument, and the backlog of cases is visible。
It is often not the text itself that really works, but the judicial interpretation that goes hand in hand. The text was a skeleton, which explained that it was flesh and blood and that any missing item would be empty。
The heat of the law will pass, but the changed provisions will grow in practice every day. Focusing on the hot spots of amendments to the code of administrative procedure, not just reading the newsletter, but going through almost three months of adjudicatory writing, is what really happened。
