The main content of the Administrative Litigation Law and what are the contents of the Administrativ

Legal Analysis: The Administrative Litigation Law is formulated in accordance with the Constitution to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the exercise of authority by administrative organs in accordance with the law.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution of the People's Republic of China, so as to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the lawful rights and interests of citizens, legal persons and other organizations, and supervise the lawful exercise of functions and powers by administrative organs.

Legal Analysis: The Law on Litigation is a law enacted to ensure that the people's courts hear administrative cases in a fair and prudent manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the exercise of functions and powers by administrative organs in accordance with the law. The contents of the Administrative Procedure Law include:

General Provisions, Scope of Cases, Jurisdiction, Litigation Participants, Evidence, Prosecution and Acceptance, Trial and Judgment, etc.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution so as to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the lawful rights and interests of citizens, legal persons, and other organizations, and supervise the lawful exercise of authority by administrative organs.

Legal Analysis: The Administrative Litigation Law is formulated in accordance with the Constitution to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and their organizations, and supervise the exercise of functions and powers by administrative organs in accordance with the law.

Legal basis: Administrative Litigation Law of the People's Republic of China" Article 1: This Law is formulated on the basis of the Constitution so as to ensure that the people's courts hear administrative cases fairly and in a timely manner, to resolve administrative disputes, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to supervise the lawful exercise of the power of administrative organs to erect their duties.

Course Title: Administrative Law and Administrative Litigation Law

Product Name: Administrative Law and Administrative Litigation Law

Majors: Undergraduate students majoring in administrative management and human resources.

Course Type: Compulsory Course for Professional Foundation.

Pre-requisites: Jurisprudence, Public Administration, Administration.

Brief introduction of the contents:

Administrative Law and Administrative Litigation Law mainly includes six parts: the first part is the introduction, including the basic concepts of administrative law, the legal sources of administrative law, the basic principles of administrative law, and the historical development of administrative law and administrative law;

The second part is the subject of administrative law, including the subject of administrative law, the subject of administrative law, the subject of administrative counterpart and the subject of administrative legal supervision;

The third part is administrative acts, including specific administrative acts, abstract administrative acts, administrative handling, other acts and administrative procedures implemented by chaotic administrative entities;

The fourth part is administrative reconsideration, including the subject, scope and procedure of administrative reconsideration;

The fifth part is administrative litigation, including the scope of administrative litigation, jurisdiction, participants, evidence and judgments, rulings and decisions, etc.;

The sixth part is administrative compensation, including the scope of administrative compensation, the claimant of compensation and the organ with the obligation to compensate, the compensation method, standards and procedures, etc. Through the study of this course, students will have a general grasp of the basic theories of administrative law, understand the legal practice of administrative law and administrative litigation in China, and have the practical ability and legal quality to engage in administrative litigation.

The main features of the Administrative Litigation Law are: It stipulates that the defendant is the state administrative organ (and its staff). An administrative case is a case in which a party sues a ** organ (and its staff).

The dispute it resolves is an administrative dispute between the first party and the opposite party of the administrative management in the course of administrative management activities. The administrative litigation it stipulates is a lawsuit in which the parties may file a complaint with the court (and their staff) as expressly provided by the legal norms. What is disputed by the parties to an administrative lawsuit is an administrative act of an administrative organ.

Mediation is not applicable to administrative litigation, however, cases of administrative compensation, compensation, and the exercise of discretion provided by laws and regulations by administrative organs may be mediated.

1. What is the nature of administrative compensation?

The administrative compensation carried out by the administrative organ is an administrative act of the administrative organ in nature, and is an act of the administrative organ to compensate the victim for the losses caused by the administrative act. The Administrative Litigation Law stipulates that mediation is not applicable to the people's courts hearing administrative cases. However, cases of administrative compensation, compensation, and the exercise of discretionary powers provided by laws and regulations by administrative organs may be mediated.

2. What are the types of state compensation?

1. Administrative compensation refers to the exercise of administrative functions and powers by administrative organs and their staffs, organizations authorized by laws and regulations, and organizations or individuals entrusted by administrative organs;

2. Criminal compensation, also known as compensation for unjust imprisonment, refers to the exercise of the powers of investigation, procuratorate, trial, and prison management by organs and their staffs when exercising their powers;

Where harm is caused by infringement of a party's personal rights or property rights, the state shall compensate them.

3. Compensation for state tort damages in civil and administrative litigation refers to the compulsory measures taken by the people's courts in the course of civil litigation and administrative litigation against obstruction of litigation;

The State shall be liable for compensation for the damage caused to citizens, legal persons and other organizations by erroneous enforcement of preservation measures or judgments, rulings and other effective legal documents.

Administrative Litigation Law of the People's Republic of China

Article 57:In cases where a people's court sues an administrative organ for failing to pay a bereavement pension, minimum livelihood allowance, work-related injury, or medical social insurance money in accordance with law, where the relationship between rights and obligations is clear and failure to enforce it in advance will seriously impact the plaintiff's livelihood, it may rule to enforce it first on the basis of the plaintiff's application.

If a party is dissatisfied with the ruling on prior enforcement, it may apply for a reconsideration once. Enforcement of the ruling is not stopped during the reconsideration period.

The Administrative Litigation Law is a law enacted to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the exercise of functions and powers by administrative organs in accordance with the law. Below, I summarize the characteristics of the Administrative Litigation Law as follows: 1. Administrative litigation hears administrative cases.

Civil litigation resolves civil disputes between equal subjects, while administrative litigation resolves administrative disputes between administrative organs and citizens and other counterparties. 2. Administrative litigation is a judicial activity conducted by the people's courts through adjudication, which is different from administrative reconsideration, administrative adjudication, administrative arbitration, etc. 3. The object of administrative litigation review is the legality of administrative acts.

4. Administrative litigation is an activity to resolve administrative disputes within a specific scope. Administrative litigation does not resolve all types of administrative disputes, and some administrative disputes do not fall within the scope of administrative litigation accepted by the people's courts. 5. The parties in administrative litigation are constant.

The plaintiff in an administrative lawsuit can only be the opposite party of the Administrative Management Center Li Li; The defendant in an administrative lawsuit can only be the management party in the administrative management.