If you report the case for three months and there is no result, can you go to an administrative laws

According to the actual situation, if it is within the scope of acceptance of administrative litigation, they may initiate an administrative lawsuit to protect their lawful rights and interests. In addition, for administrative cases that fall within the scope of the people's courts, citizens, legal persons, or other organizations may first apply to the administrative organs for reconsideration, and if they are not satisfied with the reconsideration decision, they may file a lawsuit with the people's courts; You can also file a lawsuit directly with the people's court. Where laws or regulations provide that an application for reconsideration shall be made to an administrative organ first, and where a lawsuit is filed in a people's court after being dissatisfied with the reconsideration decision, follow the provisions of the laws and regulations.

The relevant laws and regulations provide for the Administrative Litigation Law of the People's Republic of China

Article 12: People's courts accept the following lawsuits raised by citizens, legal persons, or other organizations:

1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments;

2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property;

3) Where an administrative organ refuses or does not respond within the statutory time limit when applying for an administrative license, or is dissatisfied with other decisions made by the administrative organ on administrative licensing;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

5) Refusing to accept the expropriation or expropriation decision and the compensation decision;

6) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or other lawful rights and interests, but the administrative organ refuses to perform or does not respond;

7) Where it is found that an administrative organ has violated its operational autonomy or the right to contract and operate rural land or the right to operate rural land;

8) Where it is found that an administrative organ has abused its administrative power to eliminate or restrict competition;

9) Where it is found that an administrative organ has illegally raised funds, apportioned expenses, or illegally demanded the performance of other obligations;

10) Where it is found that an administrative organ has not paid a bereavement pension, minimum subsistence allowance or social insurance benefits in accordance with law;

11) It is believed that the administrative organ does not perform in accordance with the law, fails to perform in accordance with the agreement, or illegally changes or dissolves the ** franchise agreement, land and housing expropriation compensation agreement and other agreements;

In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases in which laws and regulations provide that litigation may be initiated.

Article 13: People's courts are not to accept lawsuits raised by citizens, legal persons, or other organizations on the following matters:

1) National defense, foreign affairs, and other acts of state;

2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding;

3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff;

4) Administrative acts that are to be adjudicated by the administrative organs as provided for by law.

Article 44: In administrative cases that fall within the scope of the people's courts, citizens, legal persons, or other organizations may first apply to the administrative organs for reconsideration, and where they are not satisfied with the reconsideration decision, they may then file a lawsuit with the people's courts; You can also file a lawsuit directly with the people's court.

Where laws or regulations provide that an application for reconsideration shall be made to an administrative organ first, and where a lawsuit is filed in a people's court after being dissatisfied with the reconsideration decision, follow the provisions of the laws and regulations.

See what kind of case you are reporting, civil, criminal? If you lose a mobile phone or have hundreds of thousands of dollars stolen, and the police don't find out, you won't get any results. If you have definite evidence that he stole you, that he infringed on you, that he harmed you, you can sue in court, but the prosecution is time-limited, and it is invalid after expiration...

In accordance with the provisions of the Administrative Litigation Law, an administrative lawsuit may be initiated.

Legal analysis: The time limit for the trial of ordinary procedures for administrative litigation is 6 months, but it may be extended in special circumstances, and the parties may apply for judicial supervision in cases that have not been concluded within the time limit.

The basis of the law: "Administrative Litigation Law of the People's Republic of China".

Article 81: People's courts shall make a first-instance judgment within 6 months of filing the case. Where there are special circumstances that require an extension, the High People's Court is to approve it, and where the High People's Court hears a first-instance case that needs an extension, the Supreme People's Court is to approve it.

Article 88: People's courts hearing appeals shall make a final judgment within 3 months of receiving the appeal petition. Where there are special circumstances that require an extension, the High People's Court shall approve it, and where the High People's Court hears an appeal case and it is necessary to extend it, it shall be approved by the Supreme People's Court.

Article 93: Where the Supreme People's Procuratorate discovers any of the circumstances provided for in article 91 of this Law in respect of a judgment or ruling of any level of people's court that has already taken legal effect, or a higher level people's procuratorate in a judgment or ruling of a lower level people's court that has already taken legal effect, or discovers that the mediation document harms the national interest or the societal public interest, it shall raise a prosecutorial counter-appeal.

Where administrative litigation cases are heard under ordinary procedures, the time limit for trial is 6 months, so it is normal for administrative litigation to not be ** within 3 months after the case is filed, and if it is not ** for 6 months, it is not normal.

Administrative Litigation Law of the People's Republic of China

Article 81: People's courts shall make a first-instance judgment within 6 months of filing the case. Where there are special circumstances that require an extension of the mausoleum, it is to be approved by the High People's Court, and where the High People's Court hears a first-instance case that requires an extension of the Quejianqin, it is to be approved by the Supreme People's Court.

Article 83:Administrative cases applying the summary procedures are to be tried by a single adjudicator, and trial shall be completed within 45 days of the case being filed.

Article 88: People's courts hearing appeals shall make a final judgment within 3 months of receiving the appeal petition. Where there are special circumstances that require an extension, it is to be approved by the High People's Court, and where the High People's Court hears an appeal case that needs to be extended, it is to be approved by the Supreme People's Court.

I. Rules for the Admission of Evidence in Administrative Litigation.

1. Evidence that has not been cross-examined by the court cannot be used as the basis for the court's ruling. This is the first paragraph of Article 31 of the judicial interpretation, and it is the most basic rule for the court to admit evidence. Any evidence can only be used as the basis for adjudication after it has been cross-examined.

This is not only because evidence that has not been cross-examined is equivalent to not being tested, and its probative power and credibility are very questionable, but also because only in this way can the parties' rights to present and cross-examine evidence be fully protected and respected.

2. Evidence collected and supplemented by the reconsideration organ in the course of reconsideration cannot be used as the basis for the court to maintain the original specific administrative act. This is the second paragraph of Article 31 of the Judicial Interpretation, and the purpose is still to ensure that the administrative organ that takes the specific administrative act must have sufficient and conclusive evidence at the time of making the decision. Therefore, it also indirectly prohibits the reconsideration organ from collecting and supplementing evidence for the original specific administrative act during the reconsideration process.

3. Evidence that the defendant did not submit in the course of the first-instance trial cannot be used as the basis for the second-instance trial court to revoke or modify the first-instance judgment. This has already been touched upon above, and it can be said that this rule is both a rule for the presentation of evidence and a rule for the admissibility of evidence. Although there are no provisions in the Administrative Litigation Law or judicial interpretations, the author believes that any evidence submitted to the court in violation of the rules for the provision of evidence and the rules for the collection and collection of evidence cannot be admissible by the court.

Summary. Hello dear, happy to answer your <>

You may consult with the administrative organ that filed the case or the administrative organ at a higher level about the progress of the case to understand the progress and reasons for the trial. 2.Submit an application:

If you believe that the administrative agency is delaying the trial, you may submit an application to the administrative agency at a higher level or to the administrative litigation tribunal to request that the trial be expedited. 3.Application for Enforcement:

If the administrative agency refuses to perform the legal documents, you can apply to the court for enforcement and require the administrative agency to perform the legal documents.

What should be done if the trial is not concluded within three months after the administrative appeal is filed?

Hello dear, happy to answer your <>

You may consult with the administrative organ that filed the case or the administrative organ at a higher level about the progress of the case to understand the progress and reasons for the trial. 2.Submit an application:

If you believe that the administrative agency is delaying the trial, you may submit an application to the administrative authority at a higher level or to the administrative litigation tribunal to request that the trial be expedited. 3.Application for Enforcement:

If the administrative agency refuses to perform the legal documents, you can apply to the court for compulsory enforcement, and require the administrative agency to perform the legal documents.

The legal analysis done for you is like Ant Hui Yexia: The trial time of the administrative appeal case may be extended due to factors such as the complexity of the case and the difficulty of evidence collection. If your case has not been concluded for more than three months, it is recommended that you contact the relevant authorities in time to understand the situation and take appropriate measures according to the specific situation.

Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

Summary. Hello, if the administrative appeal is not concluded within three months after the case is filed, the following will be done: If the trial is not concluded within three months after the administrative appeal is filed, we can consider contacting the relevant departments to inquire about the progress of the trial of the case and understand the reasons and relevant details. <>

If the trial is not concluded within three months after the administrative appeal is filed, we can consider contacting the relevant department to inquire about the progress of the case and understand the reasons and relevant details. <>

Hello, if you think that there is a problem with the case not being concluded for a long time, we can appeal to the administrative organ at the higher level of Sobrothersan and ask it to supervise and handle the case. In this way, the dust can speed up the trial of the case, and avoid affecting your legitimate rights and interests due to the slow trial. <>

Calculation within 3 months of filing an administrative lawsuit: The time limit for filing a lawsuit is calculated from the date on which the parties know or should know the content of the specific administrative act. Before the amendment, the time limit for direct prosecution was 3 months, but after the amendment, the time limit for direct prosecution was 6 months.

[Legal basis].

Article 45 of the Administrative Litigation Law.

Where citizens, legal persons, or other organizations are dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.

Article 46.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law.

Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.