Using Supreme People's Court Guidance on Administrative Reconsideration to Reject Objections
At the judges' bench.
Peng Guangliang was the presiding judge for this trial.
Faced with the objections raised by the other defendants in the trial.
He did not react much.
Why?
Because he had just stated that the reconsideration authority would not be reviewed.
That decision had naturally been made in accordance with legal interpretations.
During their deliberations, the collegial panel had already discussed the matter.
The conclusion they reached was-if they were simply to dismiss the plaintiff's claims.
They needed to consider that this was a live trial.
This case involved a matter of public concern, so they certainly could not simply dismiss all the plaintiff's claims outright.
Doing so would have a negative impact on public opinion.
Moreover.
The factual evidence submitted by the plaintiff was conclusive.
The circumstances described in the appeal did indeed apply to Health, Industry and Commerce, and Food Inspection.
Leaving everything else aside.
Under what legal provisions could they dismiss Su Bai's appeal?
How could they dismiss it without a legal basis?
When it came to that, they would rather rule against all the defendants in accordance with the law.
They did not want to face a supervisory review over this matter.
Although the administrative authorities had put in a word, between that intervention and their own prospects.
They knew perfectly well which mattered more.
If they dismissed the appeal.
They, the judicial personnel, would be the ones in trouble when the time came.
Given these circumstances, what the collegial panel had discussed was-
In this trial, the case against the Reconsideration Department would not be reviewed.
There were relevant legal provisions and legal interpretations supporting this.
According to a specific example from the Supreme People's Court, when a reconsideration authority procedurally dismissed an application for reconsideration.
The applicant, regarding the reconsideration decision