-
First of all, the Administrative Litigation Law is mainly aimed at regulating and ensuring that the people's courts can correctly and promptly hear administrative cases, and it 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 legitimate rights and interests. 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.
Second, in accordance with Article 1 of the Administrative Litigation Law, this Law is enacted in accordance with the Constitution in order 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 administrative functions and powers by administrative organs.
Article 2 stipulates that citizens, legal persons or other organizations that believe that the administrative acts of administrative organs and their functionaries have infringed upon their lawful rights and interests shall have the right to file a lawsuit in the people's courts in accordance with this Law.
"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
Article 3: It is provided that the people's courts shall protect the right of citizens, legal persons, and other organizations to sue, 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.
Article 4 stipulates that the people's courts shall independently exercise their adjudication power over administrative cases in accordance with the law, and shall not be subject to interference by administrative organs, social organizations or individuals.
The people's courts are to establish administrative tribunals to hear administrative cases.
Article 5 stipulates that the people's courts hearing administrative cases shall be based on the facts and the law shall be the criterion.
-
1. Administrative dispute resolution function; 2. The function of protecting the rights of administrative counterparts; 3. Checks and balances; 4 Policy formation function. As a litigation system, the administrative litigation system focuses first on the resolution of disputes, but it is significantly different from the other two major litigation systems, in that administrative litigation resolves administrative disputes. Administrative litigation mainly resolves administrative disputes between the general public (including citizens, legal persons or other organizations) and **, and resolves the conflict between citizens' rights and state power.
As an indispensable dispute resolution method in modern society and irreplaceable for other litigation, he plays an important role as a social pressure relief valve and balancer. The administrative dispute resolution function is the basic function of administrative litigation. Article 2 of the "Administrative Litigation Law" provides that citizens, legal persons, or other organizations have the right to file a lawsuit in the people's court in accordance with this Law if they believe that the administrative acts of an administrative organ or its staff have infringed upon their lawful rights and interests.
"Administrative conduct" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.
-
1. It is stipulated that the defendant is a state executive (and its staff). An administrative case is a case in which the parties sue the authorities (and their staffs).
2. 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.
3. The administrative litigation provided for in it is a lawsuit in which the parties may file a complaint with the court (and their staff) as expressly provided by the legal norms.
4. The subject matter disputed by the parties to the administrative litigation can only be a specific administrative act of the administrative organ.
5. Mediation is not applicable to administrative litigation.
1. What are the differences between administrative litigation and civil litigation?
Civil litigation is a litigation between equal subjects; Administrative litigation is a litigation that deals with disputes between citizens and administrative organs. The main differences are:
1) The application of law is different, the former is a pure civil procedure law, and the latter is an administrative litigation law.
2) The time limit for trial is different, the first instance time limit for civil litigation is generally 6 months, while the time limit for administrative litigation is 3 months.
3) The burden of proof is different, civil litigation implements the principle of "whoever asserts shall bear the burden of proof", while in administrative litigation, the administrative organ that made the administrative act must provide evidence to show that its own behavior is correct, otherwise it will bear the risk of losing the lawsuit.
4) Of course, there is also a connection between the two. If there are no provisions in the Administrative Procedure Law, the relevant provisions of the Civil Procedure Law may be applied.
Administrative litigation is caused by administrative disputes, which are disputes between administrative subjects and administrative counterparts in administrative management activities. If it is not a dispute in this process, it is not an administrative dispute, such as a dispute between an administrative agency and a construction company or a ** company due to the purchase of equipment for the construction of a building, it is a civil dispute, and the dispute can only be resolved through civil litigation procedures.
-
Legal basis: Article 11 of the Law of the People's Republic of China on Administrative Litigation Debate Article 11 The People's Procuratorate has the power to exercise legal supervision over administrative litigation.
-
1. The scope of cases accepted by the courts has been broadened.
Second, the normative documents are subject to the review system.
3. The reconsideration organ is fully the defendant.
IV. The duty of administrative organs to appear in court to respond to litigation has been increased.
5. Litigation for administrative acts at or above the county level is within the jurisdiction of the intermediate courts.
6. Extension of the time limit for application and trial.
The six systems established by the new Administrative Litigation Law will have a profound impact on administrative organs. At the same time, it also requires administrative organs to "withstand the lawsuit", "cooperate with the lawsuit", and "reduce the lawsuit", and preferably achieve "not being sued". Administrative organs at all levels should earnestly strengthen the concept of the rule of law, and their statutory duties must be fulfilled, and they cannot be done without the authorization of the law, and they must administer according to law.
Promote resolution at the source and problem solving within the system, and lawfully and reasonably resolve the parties' demands through channels such as letters and visits, reconsideration, etc.
Studying theories well is the basis for studying administrative law well, grasp the key legal provisions, focus on grasping the "Administrative Litigation Law", "Administrative Reconsideration Law", and "State Compensation Law", listen carefully to lectures, and take good notes. Here are some of my experiences and I hope it can help you....
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. >>>More
1. The answer is ACD. The reason is that the court only examines the legality of a specific administrative act, but does not examine its reasonableness. In the administrative reconsideration stage, the legality and rationality of specific administrative acts must be reviewed. >>>More
You can refer to the following Administrative Litigation Law case questions and answers: Zhang was beaten and slightly injured on his way off work one day. The public security bureau of a certain county determined that Zhao had committed the crime, and decided to impose an administrative penalty of 15 days of administrative detention on Zhao and compensate Zhang for medical expenses and other losses. >>>More
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. >>>More