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一起诉讼费只有80元的行政诉讼案的背后,不仅牵扯着利害关系人数亿元的股权纷争.更因为带出外资管理中如何规范行政权力的问题而备受社会关注。这是新中国成立以来首起因中央政府部门纠正地方政府部门行政行为而成为被告的案件。2002年9月,北京市第二中级人民法院审理了北京二商集团起诉原国家外经贸部要求撤销《行政复议决定书》一案。该案在审理结束一年之后的2003年12月22日才宣判,结果是原国家外经贸部(现国家商务部)败诉。据悉,国家商务部
Behind an administrative lawsuit with a litigation fee of only 80 yuan, it not only involves disputes over equity in the hundreds of millions of dollars of interest, but also attracts the public’s attention because of the issue of how to regulate administrative power in foreign-funded management. This is the first case since the founding of New China that the central government departments became the defendants in correcting the administrative acts of local government departments. In September 2002, Beijing No. 2 Intermediate People’s Court heard the case of Beijing No. 2 Group suing the former Ministry of Foreign Trade and Economic Cooperation for revoking the “Administrative Reconsideration Decision”. The case was adjudicated on December 22, 2003, just one year after the trial ended. As a result, the former Ministry of Foreign Trade and Economic Cooperation (now the Ministry of Commerce of the People’s Republic of China) lost the case. It is reported that the Ministry of Commerce