Principles of Administrative Litigation and When Do They Apply?

What are the basic principles of administrative litigation? 1. The basic principles of the Administrative Litigation Law include general principles and special principles. (1) General principles: General principles refer to the common codes of conduct that must be observed in the conduct of administrative, civil and criminal proceedings, as prescribed by the Constitution and laws.

the principle of judicial independence; The principle of taking the facts as the basis and the law as the criterion; the principle of equality of legal status of the parties; the principles of collegial deliberation, recusal, open trial, and final adjudication of two instances; The people's procuratorates have the right to implement the principle of legal supervision over administrative litigation. (2) Sui generis principle: The sui generis principle is a special principle unique to administrative litigation that is different from civil and criminal litigation. The principle that people's courts have the right to review the legality of specific administrative acts when hearing administrative cases (i.e., the principle of specific jurisdiction of people's courts); The defendant bears the burden of proof principle for the specific administrative act taken; the principle that litigation does not stop administrative enforcement; The principle of mediation is not applied to the people's courts hearing administrative cases; The principle of limited power of judicial change.

Do you understand this explanation?

1. The principle of independent adjudication by the people's courts in accordance with the law Article 3, paragraph 1 of the Administrative Litigation Law stipulates that the people's courts shall independently exercise the right to adjudicate administrative cases in accordance with the law, and shall not be interfered with by administrative organs, social groups or individuals. The above-mentioned provisions of the Administrative Litigation Law have established the principle that the people's courts should independently exercise their adjudication power over administrative cases in accordance with law.

This provision is also the concretization of the relevant provisions of Article 126 of the Constitution and Article 4 of the Organic Law of the People's Courts in administrative litigation, and administrative litigation activities must be followed.

2. Based on facts and taking the law as the criterionArticle 4 of the Administrative Litigation Law stipulates that the people's courts hearing administrative cases shall be based on the facts and the law shall be the criterion. This principle requires that in the course of adjudicating administrative cases, the people's courts should ascertain the truth of the facts of the cases and make fair judgments based on the law.

3. Principles for Reviewing the Legality of Specific Administrative Acts Article 5 of the Administrative Litigation Law stipulates that the people's courts hear administrative cases and review the legality of specific administrative acts. Thus, the unique principle of the people's courts conducting legality review of specific administrative acts through administrative adjudication is established, referred to as the principle of legality review or the principle of judicial review.

Legality review includes two meanings: review in the procedural sense and review in the substantive sense. Procedural legality review refers to the fact that the people's court accepts an administrative case in accordance with the law and has the right to hear and make a judgment on the legality of the specific administrative prudent act being sued. Review in the substantive sense means that the people's court only reviews the legality of specific administrative acts, and does not review abstract administrative acts, and generally does not review whether specific administrative acts are reasonable.

That said, it's a limited review. In fact, we should not think that because the defendant is an administrative unit, so the court will kick the ball back and forth, although the current judicial corruption problem is also relatively serious, but for the country's administrative law enforcement should still have a certain degree of confidence, we can see that the current judicial environment is gradually getting better, of course, administrative litigation is still as difficult as ever.

Article 69 of the Administrative Litigation Law of the People's Republic of China: Where the evidence for an administrative act is conclusive, the laws and regulations are correctly applied, and the legally-prescribed procedures are complied with, or the plaintiff's reasons for applying to the defendant for performing legally-prescribed duties or payment obligations are not sustained, the people's court shall make a judgment rejecting the plaintiff's litigation claim.

Article 67 of the Administrative Litigation Law of the People's Republic of China: The people's court shall send a copy of the complaint to the defendant within 5 days of filing the case. The defendant shall, within 15 days of receiving a copy of the complaint, submit to the people's court the evidence of the administrative act and the normative documents on which it is based, and submit a reply. The people's court shall send a copy of the reply to the plaintiff within 5 days of receiving the reply.

Where the defendant does not submit a reply, it does not impact the people's court's trial.

Article 68 of the Administrative Litigation Law of the People's Republic of China: People's courts hearing administrative cases are to form a collegial panel of adjudicators, or a collegial panel of adjudicators and jurors. The members of the collegial panel shall be an odd number of three or more.

The basic principles of administrative litigation are to run through the entire process of administrative litigation, embody the inherent requirements of administrative litigation activities, reflect the characteristics of administrative litigation, have guiding significance for administrative litigation activities, and are the basic norms that must be followed in the process of resolving and handling administrative cases.

1.Generality of the basic principles of administrative litigation. The basic principles of administrative litigation embody the basic characteristics and spiritual essence of administrative litigation in a concentrated manner, and are highly abstract and generalized to the basic issues of the entire administrative litigation system.

It broadly reflects the basic code of conduct for the demolition of administrative litigation. All norms that are of guiding significance in the stage of litigation and on specific institutional issues cannot be called the basic principles of administrative litigation.

2.The universality of the basic principles of administrative litigation. The basic principles of administrative litigation have universal guiding significance for administrative litigation activities, and they run through the entire process of administrative litigation, and are not only the basic criteria for administrative litigation subjects to conduct litigation activities, but also the basic basis for judicial organs to handle and resolve administrative cases, especially major and difficult issues that are not expressly provided for by laws and regulations, and can be handled and resolved in accordance with the spirit of administrative litigation.

3.Administrative litigation is based on the legality of the principle of the family. The basic principles of administrative litigation are based on the Constitution and laws, established by the legal norms of administrative litigation, and reflect the spirit of administrative litigation legislation.

It has the same legal force as the specific system of administrative litigation. These principles must be followed at all stages of litigation in administrative litigation, and violations of the basic principles of administrative litigation are equally illegal and invalid. The object to be resolved in administrative litigation is the administrative dispute arising from the administrative-legal relationship, and the legal status of the two parties to the administrative-legal relationship (the administrative organ and the administrative counterpart) is unequal, while the legal relationship in administrative litigation is unequal.

The legal status of administrative organs and administrative counterparts as parties to administrative litigation is equal, which requires special protection of the lawful rights and interests of administrative counterparts in the course of administrative litigation. Since the parties to an administrative lawsuit are the administrative counterpart and the administrative organ representing the public interest, and the object of the litigation is a specific administrative act, administrative litigation is inevitably a kind of litigation that balances the legitimate rights and interests of the administrative counterpart and the public interest, which objectively requires that in the administrative litigation, it is necessary to protect the legitimate rights and interests of the administrative counterpart and achieve the basic objectives of the administrative litigation, while taking into account the protection of the public interest. Administrative litigation is the activity of the people's courts to hear administrative cases.

The function of administrative litigation in protecting the lawful rights and interests of administrative counterparts and taking into account the protection of the public interest can only be achieved through the people's courts correctly and promptly adjudicating administrative cases.

1. The principle of equal legal status of the parties Article 7 of the Administrative Litigation Law stipulates that "the legal status of the parties in administrative litigation is equal". This provision is a concrete embodiment of the socialist legal principle of equality before the law in administrative litigation.

Among the two parties to an administrative lawsuit, one party is an administrative subject, which exercises administrative power on behalf of the state in administrative management activities and is in the dominant position of the manager; On the other hand, citizens, legal persons or other organizations are in the position of being governed in their administrative activities. The relationship between the two is a subordinate administrative relationship between the manager and the managed. However, after the two parties enter the administrative litigation procedure in accordance with the law in the event of an administrative dispute, the relationship between them will change from the original subordinate administrative management relationship to an equal administrative litigation relationship, and they will become the parties to the administrative litigation, and the legal status of the plaintiff and the defendant will be equal in the entire litigation process.

Article 8 of the Administrative Litigation Law stipulates: "Citizens of all ethnic groups have the right to conduct administrative litigation in their own language and in the written language of administrative litigation. In areas where ethnic minorities live in large concentrations or where multiple ethnic groups live together, the people's courts shall conduct trials and issue legal documents in the language and script commonly used by the local ethnic groups.

The people's courts shall provide interpreters for litigation participants who are not proficient in the common language and script of the local ethnic group." China's three major procedural laws all stipulate the use of the spoken and written languages of the nation as a basic principle.

3. Principle of Debate Article 9 of the Administrative Litigation Law stipulates that "the parties have the right to debate in administrative litigation. "The so-called debate refers to the parties, under the auspices of the court, fully state their respective claims and opinions on the facts of the case and the issues in dispute, and refute each other's defenses, so as to protect their legitimate rights and interests.

The principle of debate embodies the equal legal status of the parties to administrative litigation in litigation and is a symbol of the modern democratic litigation system.

Article 6 of the Administrative Litigation Law stipulates that: "When a people's court hears an administrative case, it shall implement the system of collegiality, recusal, open trial and final adjudication of two instances in accordance with law. Chapter VII of the Administrative Litigation Law concretizes this provision, making it one of the four basic systems in administrative adjudication.

Article 10 of the Administrative Litigation Law stipulates that "the people's procuratorate has the right to exercise legal supervision over administrative litigation. "The people's procuratorate's legal supervision in administrative litigation is mainly embodied in the effective judgment made by the people's court in an erroneous manner, and a prosecutorial counter-appeal may be raised in accordance with law.