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No. 6 of Ten Cases concerning Administrative Nonfeasance Published by the Supreme People's Court: Shen and Cai v. Development Zone Branch of the Public Security Bureau of Nantong City (a case concerning administrative nonfeasance)
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最高人民法院关于行政不作为十大案例之六：沈某、蔡某诉南通市公安局开发区分局行政不作为案
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【法宝引证码】
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| No. 6 of Ten Cases concerning Administrative Nonfeasance Published by the Supreme People's Court: Shen and Cai v. Development Zone Branch of the Public Security Bureau of Nantong City (a case concerning administrative nonfeasance) | | 最高人民法院关于行政不作为十大案例之六：沈某、蔡某诉南通市公安局开发区分局行政不作为案 |
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| (1) Basic Facts | | （一）基本案情 |
| Around 13:05 p.m. on September 20, 2013, owners of No. 1 shop and No. 2 shop in a community located in the Development Zone of Nantong City, Jiangsu Province entered into disputes over the stacking of empty oil drums and personnel on both sides conflicted with each other and then beat up each other. After receiving a report, the Development Zone Branch of the Public Security Bureau of Nantong City (hereinafter referred to as the “Development Zone Branch”) dispatched police officers to investigate and collect evidence from personnel involved and witnesses. On September 22, 2013, the Development Zone Branch officially docketed a public security case for the aforesaid disputes and organized mediation between both sides for multiple times. On October 9, Shen explicitly disagreed to mediation when he was inquired after being summoned. On December 2, Shen and Cai filed an administrative lawsuit in a court on the ground that the Development Zone Branch failed to perform its statutory duties of imposing administrative punishments regarding public security administration, requesting the court to confirm that the failure of defendant to make a decision on public security punishments within the legally-prescribed time limit was illegal. During litigation, on December 9, defendant made a decision on administrative punishments to personnel involved in accordance with the provisions of the Public Security Administration Punishments Law of the People's Republic of China. | | 2013年9月20日13时5分左右，江苏省南通市开发区某小区内1号门面店主与2号门面店主因空油桶堆放问题引发纠纷，双方人员由争执进而引发殴打。南通市公安局开发区分局（以下简称开发区分局）接到报警后，指令民警出警并对涉案人员及证人调查取证。2013年9月22日，开发区分局将该纠纷正式作为治安案件立案，并多次组织双方调解。10月9日，沈某被传唤接受询问时明确表示不同意调解。12月2日，沈某、蔡某以开发区分局不履行治安管理行政处罚法定职责为由，向法院提起行政诉讼，要求确认被告未在法律规定期限内作出治安处罚决定行为违法。在诉讼期间，被告于12月9日根据《中华人民共和国治安管理处罚法》的规定分别对涉案人员作出行政处罚决定。 |
| (2) Judgment | | （二）裁判结果 |
| After a trial, the People's Court of Gangzha District, Nantong City held that: Whether defendant, the Development Zone Branch, has performed its statutory duties within the statutory time limit should be examined from the following two aspects: the time limit for handling a case as prescribed in laws and regulations and whether there was a justifiable reason for not including a period in the time limit for handling a case. Article 99 of the Public Security Administration Punishments Law of the People's Republic of China provides that “the time limit for a public security organ to handle a public security case shall not be more than thirty days as of the day when it accepts the case; where the case has significant and complicated circumstances, the time limit may be prolonged for thirty days, subject to the approval of the public security organ at the next higher level.” This meant that the general time limit for a public security organ to handle a public security case was thirty days and the maximum time limit should not exceed 60 days. Defendant docketed a case on September 22, 2013 and issued a decision on administrative punishments on December 9, 2013. The time limit for handling this case obviously exceeded both the general time limit for handling a case and the maximum time limit of 60 days. | | 南通市港闸区人民法院一审认为，被告开发区分局是否在法定期限内履行了法定职责，应当从法律、法规规定的办案期限及是否存在不计入办案期限的正当事由两个方面审查。根据《中华人民共和国治安管理处罚法》第九十九条的规定，公安机关办理治安案件的期限，自受理之日起不得超过三十日；案情重大、复杂的治安案件，经上一级公安机关的批准，可以再延长三十日。这就意味着公安机关办理治安案件的一般期限为三十日，最长期限不得超过六十日。被告于2013年9月22日立案，至2013年12月9日作出行政处罚决定，办案期限明显超过了法律规定的一般办案期限，也超过了最长六十日的办案期限。 |
| ．．．．．． | | ．．．．．． |
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