What are the main tasks of lawyers in the court trial stage of administrative litigation?

1. Preliminary review and collation of evidence.

2. Collect laws, regulations and judicial interpretations related to the case, etc., The lawyer should collect and fully use the laws, regulations and judicial interpretations related to the case, so as to prevent the failure of the lawsuit by citing the relevant legal provisions that are invalid or have low legal effect in the event of conflicts between the laws and regulations, and ensure the accuracy of the applicable laws, regulations and judicial interpretations in the course of litigation.

3. Drafting the pleadingThe drafting of the pleadings should be prepared from the following aspects:

1) Determine the identity of the defendant and provide relevant evidence to prove the parties' qualifications as the subject of litigation;

2) Determine the matters of the litigation claim;

3) Provide facts and evidence proving the occurrence, alteration and termination of civil legal relations;

4) Determine that the plaintiff has fulfilled the relevant legal obligations and evidence in accordance with the civil legal relationship;

II. What are the characteristics of administrative litigation?

1) The administrative litigation is an administrative case. This is the difference between administrative litigation and other litigation in the cases accepted and adjudicated. Criminal proceedings address the issue of the criminal liability of the person being prosecuted; Civil litigation resolves disputes over civil and commercial rights and interests, while administrative litigation resolution is administrative disputes, that is, disputes between administrative organs or organizations authorized by laws and regulations and citizens, legal persons or other organizations in the course of administrative management.

2) Administrative litigation is a judicial activity conducted by the people's court through adjudication.

3) Administrative litigation is an activity to resolve administrative disputes by reviewing the legality of the sued administrative act. Among them, the administrative acts to be reviewed are specific administrative wild sedan acts, and the fundamental purpose of the review is to protect the legitimate rights and interests of citizens, legal persons or other organizations from being infringed upon by illegal administrative acts. This determines that administrative litigation is different from criminal litigation and civil litigation in terms of trial form and adjudication form.

For example, administrative litigation cases must not be concluded through mediation; The burden of proof to prove the legality of specific administrative acts is borne by the defendant; The adjudication of administrative litigation is mainly in the form of revocation and maintenance of judgments.

4) Administrative litigation is an activity to resolve administrative disputes within a specific scope. Administrative litigation does not resolve all types of administrative disputes, some administrative disputes do not fall within the scope of administrative litigation accepted by the people's courts, while criminal litigation and civil litigation are not limited by the scope of cases similar to administrative litigation. As for administrative disputes that do not fall within the scope of administrative litigation, they can only be resolved through other means of remedy.

5) The parties in the administrative litigation are constant. The lawyer knows very well what preparations he has before the case, whether it is an administrative lawsuit or other litigation activities, these preparations before the lawyer are also for his own people, and what the lawyer does in the whole process can neither violate professional ethics nor violate the national legal system.

Legal analysis: The lawyer's work in the review and prosecution stage includes: 1. Reviewing, copying, and reproducing the case file materials; 2. Contact with the Public Prosecution Authority; 3. Meetings and correspondence; 4. Applying for release on guarantee pending further investigation for a criminal suspect; 5. Complaints and accusations; 6. High-code investigation and collection of case-related materials; 7. Submit a defense or ** opinion.

Article 40 of the Criminal Procedure Law of the People's Republic of China provides that defense lawyers may consult, copy, and reproduce the case file materials from the date on which the people's procuratorate reviews the case for prosecution. With the permission of the people's courts and people's procuratorates, other defenders may also consult, copy, or reproduce the materials described above.