Administrative Affairs Department
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Introduction to the Administrative Affairs Department
The Administrative Affairs Department is one of the earliest established practice departments of our firm. It boasts an experienced team specializing in administrative litigation and, as a standing director unit of the Administrative Law Professional Committee of the Yunnan Provincial Department of Justice Lawyers Association, has long been committed to theoretical research in the field of administrative law.
Through research and practical exploration, we have assembled a group of experienced lawyers specializing in administrative law.
For many years, the Minister of Administrative Affairs has been long-termly appointed to positions at the People’s Government of Yunnan Province, the Department of Finance of Yunnan Province, the State-owned Assets Supervision and Administration Commission of Yunnan Province, the Management Committee of Kunming Dianchi National Tourism Resort, the Kunming Municipal Planning Bureau, the People’s Government of Lincang City, and the People’s Government of Anning City.
As the long-term legal counsel for numerous government agencies, we have accumulated extensive theoretical and practical experience in providing “team-based” legal services to government bodies. Meanwhile, our department has handled a large number of significant and complex administrative cases, earning recognition within the administrative law community and across various sectors of society.
The impact of the boundary is widespread.
Scope of Legal Services Provided by the Administrative Affairs Department
(1) Serving as legal counsel upon the entrustment of administrative agencies and other organizations;
(2) Accepting commissions from administrative agencies and other organizations to act as agents and participate in litigation;
(3) Participate in the legislative deliberation work of local governments; provide legal advice on major government decisions, assist the government in carrying out foundational preparatory work prior to making major decisions, and fully leverage the legal affairs departments of the government in their function of conducting legality reviews for major decisions, thereby establishing a “matter-...” system.
A government legal risk prevention mechanism that prioritizes preventive measures and in-process controls, with post-event remedies serving as a supplementary approach, effectively enhances the quality of administrative decision-making.
(4) Assist the government in providing comprehensive legal services for investment promotion efforts and the construction of large-scale projects: Entrusted by the government and government departments, participate in negotiations for government-led investment promotion initiatives and large-scale government-invested projects, provide legal advice and implementation plans, and draft...
Drafting various legal documents such as letters of intent, agreements, and contracts;
(5) Accepting assignments from administrative authorities to participate in the supervision and inspection of relevant laws and regulations, and to take part in the investigation and handling of illegal incidents; accepting government entrustments to provide legal services for the handling of major emergencies.
(6) Accept assignments or mandates to participate in the hiring of staff by administrative agencies, engage in equal consultations and sign employment contracts, and participate in negotiations on related legal matters as well as the signing of legal documents.
(7) Assist the government in carrying out legal awareness and education activities: At the government’s invitation, provide legal training or specialized legal lectures for relevant personnel from various government departments; plan and organize legal awareness and education activities for the government; and cooperate with the government to conduct regular legal publicity campaigns.
(8) Handling government’s non-litigious and litigious legal disputes on behalf of the government: As the government becomes increasingly involved in legal matters during administrative decision-making, the performance of its public social functions, and participation in economic activities, the legal risks it faces are also steadily rising. Therefore, we...
While assisting the government in establishing and improving a mechanism for preventing legal risks, we also handle non-litigation and litigation-based legal disputes on behalf of the government upon its commission, and carry out legal activities such as coordination, mediation, and litigation defense on behalf of the government.
(9) Providing legal services such as consultation and drafting of documents for administrative agencies and other parties;
(10) Handle other legal matters assigned by the administrative authority;
(11) Acting as an agent in administrative review and administrative litigation cases brought by citizens whose personal and property rights have been infringed upon by specific administrative actions of administrative agencies; handling other administrative legal matters entrusted by the parties involved.
Main Areas of Legal Services Provided by the Administrative Affairs Department
(1) Non-litigation practice
Invited to attend the legislative deliberation meeting organized by the local government and to offer suggestions and advice for our province’s legislative work.
Accepting commissions from local governments at all levels to participate in expert consultations on matters such as land transfer, land acquisition and demolition, disposal of state-owned assets, and restructuring of state-owned enterprises within their respective jurisdictions, and issuing legal opinions thereon.
Accepting commissions from local governments at all levels to provide comprehensive legal services for their investment promotion efforts and large-scale project development.
Accepting commissions from local governments at all levels to participate in the handling of major emergency incidents;
Received invitations from multiple government agencies and governmental bodies to regularly deliver lectures on administrative law to relevant personnel.
Provide legal advice for administrative decision-making and administrative law enforcement activities conducted by governments at all levels and government agencies.
(2) Practical Aspects of Certain Litigation Cases
Representative business
· The case of Cun Zhiyu and others versus the People’s Government of Dali City and Dali Jianbiao Real Estate Company regarding an administrative lawsuit
· Yangguang Coast Owners’ Committee v. Kunming Municipal Planning Bureau and Kunming Municipal Housing and Urban-Rural Development Bureau—Administrative Licensing Dispute Case
· 58 natural persons appeal the administrative licensing dispute with the Kunming City Planning Bureau.
· The Owners’ Committee of Zhicheng Jiayuan Residential Community sues the Kunming Municipal Planning Bureau for administrative inaction.
· Kunming Weihengli Trading Co., Ltd. appeals the administrative penalty dispute regarding urban planning imposed by the Kunming Municipal Government.
· Wang Baoru v. Kunming Municipal Real Estate Administration—Administrative Registration and Confirmation
· Yunnan Shengdao Sporting Goods Co., Ltd. v. Kunming Municipal Real Estate Administration—Administrative Registration and Confirmation
Keywords:
Business Areas
administrative
municipal
services