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A case of administrative reconsideration decision to change the original administrative act, Xiang Hongmin v. Liupanshui Municipal People's Government

By PRC Supreme People's Court

· Administrative,General Civil and Commercial

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

In the vehicle affiliation relationship, the affiliated person shall collect the affiliation fee from the affiliated person, and shall jointly bear the operation and transportation risks with the affiliated person. Only the agreement can not exempt the affiliated person from the risks and responsibilities as the affiliated person. The people's court will not support the claim that an individual is affiliated with other units for external business, and the personnel employed by the individual are injured or injured due to work.

According to the provisions of Article 89 of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China, if the people's court considers that the reconsideration decision has changed the original administrative act wrongly after trial, it can also make a judgment to restore the legal effect of the original administrative act when the reconsideration decision is revoked.

 

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