What are the specific provisions of the new Administrative Litigation Law on defendants appearing in

Updated on society 2024-02-28
6 answers
  1. Anonymous users2024-02-06

    Paragraph 3 of article 3 of the new Administrative Litigation Law stipulates that the responsible person of an administrative organ shall appear in court to respond to the lawsuit, and where it is unable to respond to the lawsuit due to special circumstances, the corresponding staff shall also be appointed to appear in court to respond to the lawsuit. The person in charge here refers to the principal position and the deputy position, and the essence of the assignment here should be issued with a written power of attorney, that is, there shall be no situation where there is only a ** lawyer in the future administrative litigation.

    The purpose of the Administrative Litigation Law is to regulate and ensure that the people's courts can correctly and promptly hear administrative cases, and is a lawsuit filed by an individual, legal person or other organization to the court because he believes that an administrative act taken by a state organ infringes upon his or her lawful rights and interests. The Administrative Litigation Law is the norm that the court must comply with in hearing administrative cases and the litigation activities of participants in administrative litigation (plaintiffs, defendants, ** persons, etc.). It stipulates the legal norms for the court's procedures for hearing administrative cases and the various legal norms for the exercise of rights and obligations by participants in administrative litigation, which are the legal basis for the establishment of the administrative litigation system in modern countries.

    A procedural law enacted in accordance with the provisions of the Constitution to safeguard and supervise the exercise of administrative functions and powers by administrative organs in accordance with the law.

  2. Anonymous users2024-02-05

    Article 58 of the Administrative Litigation Law: Where a person is summoned by a people's court summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit, and where the defendant refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.

  3. Anonymous users2024-02-04

    The administrative organs may respond to administrative litigation through the following acts: submit evidence of their administrative acts and the normative documents on which they are based in accordance with law; filing a reply in accordance with the law; attend court hearings on time; and the fulfillment of obligations stipulated in effective legal documents in accordance with the law.

    Article 26 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, the administrative organ that took the administrative act is the defendant. In cases that have been reconsidered, and the reconsideration organ decides to uphold the original administrative act, the administrative organ that took the original administrative act and the reconsideration organ are joint defendants; Where the reconsideration organ changes the original administrative act, the reconsideration organ is the defendant. If the reconsideration organ fails to make a reconsideration decision to cancel the town within the statutory time limit, and a citizen, legal person, or other organization sues the original administrative act, the administrative organ that took the original administrative act is the defendant; Where the reconsideration organ is sued for inaction, the reconsideration organ is the defendant.

    Where two or more administrative organs take the same administrative act, the administrative organ that jointly took the administrative act is a joint defendant. For an administrative act taken by an organization entrusted by an administrative organ, the entrusting administrative organ is the defendant. Where an administrative organ is revoked or its authority is changed, the administrative organ that continues to exercise its authority is the defendant.

  4. Anonymous users2024-02-03

    Legal analysis: The responsible person of the administrative organ being sued includes the principal and deputy responsible persons of the administrative organ, the responsible person at the deputy level who participates in the implementation of the administrative act sued by the seller, and other responsible persons who participate in the management.

    The responsible person of a group or organization entrusted by the administrative organ being sued or a lower-level administrative organ cannot appear in court as the responsible person of the administrative organ being sued.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

    Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

    1) Major foreign-related cases;

    2) Cases that have a major impact in the jurisdiction;

    3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

    Article 119: Prosecution must meet the following requirements:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

    2) There is a clear defendant;

    3) There are specific litigation claims, facts, and reasons;

    4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

  5. Anonymous users2024-02-02

    In administrative litigation, the responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. The defendant in an administrative lawsuit refers to the administrative entity that is sued by the plaintiff for infringement of its legitimate rights and interests in administrative law and that an administrative dispute has arisen with Xun Tan, and the people's court notifies the respondent to the lawsuit. The defendant in the administrative lawsuit is not a staff member of the administrative agency, but the administrative agency itself.

    The people's courts shall safeguard citizens, legal persons, and other organizations' right to sue and sell profits, and accept administrative cases that should be accepted in accordance with law. Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases. The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit.

    and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.

    The people's courts exercise their adjudication power independently in administrative cases in accordance with law, and are not to be interfered with by administrative organs, social groups, or individuals. The people's courts are to establish administrative tribunals to hear administrative cases. The people's courts hearing administrative cases are based on the facts and the law is the criterion.

    The people's courts hear administrative cases and review the legality of administrative acts.

    Legal basisArticle 7 of the Administrative Litigation Law of the People's Republic of China.

    The people's courts hearing administrative cases are to implement the systems of collegial deliberation, recusal, open trial, and final adjudication at both sides in accordance with law.

  6. Anonymous users2024-02-01

    Legal analysis: The defendant in an administrative lawsuit may have three persons appear in court, namely the person in charge of the administrative organ, the lawyer and the staff of the legal institution.

    Legal basis: Administrative Litigation Law of the People's Republic of China

    Article 3: People's courts shall safeguard citizens, legal persons, and other organizations' right to sue, and accept administrative cases that should be accepted in accordance with law. The person in charge of the administrative Liang Yuan organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.

    Article 26: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, the administrative organ that made the administrative act is the defendant.

    Article 31: Parties and legally-designated persons may retain one or two persons to serve as litigants.

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