The newly revised Administrative Reconsideration Law further strengthens the functional positioning of administrative reconsideration as the main channel for resolving administrative disputes, and puts forward higher requirements for reconsideration personnel. In order to comprehensively, thoroughly and accurately implement the new requirements and challenges put forward by the new law, the Jinshan District Administrative Reconsideration Bureau has explored the "reconsideration +" model, and through "reconsideration + mediation + reconciliation", it has gathered a strong joint force to resolve disputes and promoted the substantive resolution of many difficult and complex administrative disputes. Recently, the Jinshan District Administrative Reconsideration Bureau has deepened the "Reconsideration +" work model, successfully resolved an administrative dispute related to the identification of work-related injuries, and achieved good legal and social results.
In this case, Chen, a driver of a logistics company, was injured by the goods due to improper operation by an outsider during unloading, and after the District Human Resources and Social Security Bureau made a decision to determine the work-related injury, the company was dissatisfied and submitted an application for reconsideration to the district government. The District Administrative Reconsideration Bureau listened to the opinions of the three parties many times and learned that this case was an administrative dispute on the surface, but in essence it was a civil dispute between the company and a third party, Chen. The case-handling personnel broadened their work ideas, extended their work tentacles to the scope of civil dispute resolution, and repeatedly consulted the company and the third party Chen for civil mediation, which laid a solid foundation for the dispute resolution of this case.
The District Administrative Reconsideration Bureau carefully studied the facts of the case and found that there were two major dispute resolution points in this case: the lack of a platform and the lack of benchmarks. In view of the lack of benchmarks, we worked with the District Human Resources and Social Security Bureau to study countermeasures, and for the first time explored the "advance appraisal" of labor ability during the reconsideration period, and determined the level of labor ability appraisal in advance, which effectively reduced the dispute over the amount of the mediation benchmark and balanced the demands of both parties; In response to the lack of a platform, the case-handling personnel actively built a communication platform and created mediation opportunities for both parties through multiple telephone communication and on-site reception.
In order to prevent the procedure from idling, the District Administrative Reconsideration Bureau actively integrates the resources of all parties, communicates with the District Administrative Dispute Joint Mediation Center and the District People's Mediation Center at the first time. District People's Mediation Center assigned 2 experienced "old masters" in the field of labor disputes to preside over the mediation of the case, 2 teachers in advance to study and judge the case, discuss mediation countermeasures, and on-site guidance to the parties to fill in the mediation application, only after 1 hour of mediation work, the company and Chen successfully reached an agreement, the two sides signed a people's mediation agreement on the spot, the company paid part of the compensation on the spot and submitted to the District Administrative Reconsideration Bureau to withdraw the application for administrative reconsideration. So far, the administrative and civil disputes involved in this case have been resolved in a package.
In the next step, the Jinshan District Administrative Reconsideration Bureau will further implement the new requirements of the newly revised Administrative Reconsideration Law, accelerate the exploration of administrative dispute resolution work paths with Jinshan characteristics in the field of work-related injury identification, and provide new ideas and new methods for the city's administrative dispute resolution work.
Source: Response Coordination Office
Contributed by Jinshan District Bureau of Justice
Editor|Feng Xiaoyu
Proofreading|Bu Hongyu