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Administrative Litigation Law.
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.
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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;
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Conduct within the scope of administrative litigation: administrative punishment decisions such as administrative detention; administrative compulsory enforcement such as restrictions on personal liberty or the sealing or seizure of property; administrative licensing decisions; and the decision to confirm ownership and use rights is quietly waiting.
Article 12 of the Administrative Litigation Law of the People's Republic of China: 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; Article 44 of the "Administrative Litigation Law of the People's Republic of China" provides that 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 dissatisfied 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.
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Answer] :d This question examines the procedural method.
Article 13 of the Administrative Litigation Law stipulates: "The people's courts shall not accept lawsuits brought by citizens, legal persons or other organizations on the following matters: (1) national defense, foreign affairs and other state acts; 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.
Item A is erroneous, and it is a circumstance provided for in Article 13, Item 2 of the Administrative Litigation Law. Item B is erroneous, and it is a circumstance provided for in Article 13, Item 3 of the Administrative Litigation Law.
Item C is wrong, the plaintiff in the administrative lawsuit is a citizen, legal person or other organization, and the housing expropriation department, as an administrative organ, cannot file an administrative lawsuit against a citizen.
Item D is correct, Article 12 of the Administrative Litigation Law provides: "The people's courts accept the following lawsuits brought by citizens, legal persons or other organizations: (1) ...... who refuse 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, etc"Ding is dissatisfied with the administrative punishment imposed on him by the Municipal Tanshou Supervision Bureau, which is within the scope of administrative litigation.
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Answer]: The scope of administrative litigation refers to the scope of administrative cases accepted by the people's courts, that is, the authority of the courts to accept and adjudicate administrative cases within a certain range as prescribed by law. Article l of the Interpretation stipulates that if a citizen, legal person or other organization is dissatisfied with the administrative act of an organ or organization with state administrative authority and its staff, and initiates a lawsuit in accordance with the law, it falls within the scope of administrative litigation accepted by the people's court.
The rejection of a party's appeal against an administrative act is not within the scope of administrative litigation accepted by the people's courts. That's why the law says so. This is because such acts do not actually change the rights and obligations of citizens, legal persons and other organizations, and therefore cannot be the subject of a lawsuit.
The written reply of the housing rental management office of a certain district in item A that "the license is valid and will not be revoked" is an act of repeated handling and has not actually affected the rights and interests of Company B, so it does not fall within the scope of the people's court. Therefore, the answer to this question is A.
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Answer]: A The scope of administrative litigation refers to the scope of administrative cases accepted by the people's courts, that is, the authority of the courts to accept and adjudicate administrative cases within the scope of the law. Article 1 of the Interpretation stipulates that if a citizen, legal person or other organization is dissatisfied with the administrative act of an organ or organization with the authority of the state and its staff, and initiates a lawsuit in accordance with the law, it shall fall within the scope of administrative litigation accepted by the people's court.
Rejecting the repeated handling of a party's appeal against an administrative act is not within the scope of the people's court's acceptance of administrative litigation. The reason why the law provides for this is that such acts do not actually change the rights and obligations of citizens, legal persons and other organizations, and therefore cannot be the object of action. Item A housing rental management in a district.
The written reply of the administrative office that "the license is valid and will not be revoked" is an act of repeated processing, which does not actually affect the rights and interests of Company B, so it does not fall within the scope of the people's court's acceptance of the case. Therefore, the answer to this question is A.
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