Is the lawsuit an administrative lawsuit or a civil lawsuit?

Filing a lawsuit against the village committee is a civil lawsuit. Villagers' committees are grassroots mass autonomous organizations, and if disputes arise with villagers' committees, civil litigation is applicable. The people's courts accept civil lawsuits brought between citizens, legal persons, other organizations, and between them on the basis of property and personal relations.

At the same time, if the act of the village committee is to implement the decision of the higher-level organization, then the party concerned may list the higher-level organization of the village committee as the defendant, and the administrative lawsuit shall apply.

Legal analysis

Administrative litigation is mainly for the purpose of regulating and ensuring that the people's courts can correctly and promptly hear administrative cases, and 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 lawful rights and interests. The Administrative Litigation Law is the norm that courts must abide by in hearing administrative cases and in conducting litigation activities by participants in administrative litigation. Whether a police station can become a defendant in an administrative lawsuit is also based on whether it is authorized by laws, regulations, or rules.

If laws, regulations, and rules give a police station a certain degree of authorization, the police station has acquired the status of the subject of litigation, and regardless of whether the administrative act taken by the police station exceeds the scope of authorization, it is still the legal subject of the administrative act and the bearer of the legal consequences. However, if laws, regulations, and rules do not authorize a police station, regardless of whether the police station actually takes an administrative act in its own name, the police station is still not the subject and person responsible for the administrative act in law, that is, the police station cannot be the defendant, but the administrative organ to which the police station belongs, that is, the public security organ, should be the defendant.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 2: Citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and their staff infringe upon their lawful rights and interests have the right to initiate litigation 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: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Civil litigation refers to lawsuits brought between citizens, legal persons, other organizations (between equal subjects), and between them due to property and personal relations.

Administrative litigation refers to a system whereby citizens, legal persons, or other organizations believe that a specific administrative act carried out by an organ or organization exercising state administrative power and their staff has violated their lawful rights, and files a lawsuit with the people's court in accordance with law, and the people's court, with the participation of the parties and other litigation participants, reviews and makes a judgment on the specific administrative act being sued in accordance with law, so as to resolve administrative disputes.

Bringing a lawsuit against a village committee depends on whether the matter is a private dispute over certain functions for which the village committee is responsible on behalf of the state or as a private dispute, the former being an administrative lawsuit and the latter being a civil lawsuit.

OK. Legal basis: Article 68 of the Judicial Interpretation of the Civil Procedure Law 2015 Where a villagers' committee or villagers' group has a civil dispute with others, the villagers' committee or villagers' group with independent property is the party.

Legal Analysis: Suing a village committee depends on the matter to be sued, whether the matter is a certain function for which the village committee is responsible on behalf of the state or a private dispute, the former is an administrative lawsuit, and the latter is a civil lawsuit.

Legal basis: 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) Refusal to accept administrative compulsory measures such as restricting personal liberty or sealing, seizing, or freezing property, or carrying out compulsory enforcement of any administrative policy;

3) Where an administrative organ refuses to apply for an administrative license or does not respond within the statutory time limit, 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) that the administrative probation 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 119 of the Civil Procedure Law of the People's Republic of China: Initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Summary. If you are dissatisfied with a decision made against the village committee and sue the village committee, it is an administrative lawsuit, and if you sue the village committee because of a civil act, it is a civil lawsuit.

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

If you are dissatisfied with the decision made against the village committee and sue the village committee, it is an administrative lawsuit, such as if the village committee is sued because of a civil act, then the state is a civil lawsuit.

Whether the villagers' committee's appeal against the court's judgment is civil or administrative.

It depends on whether the original one is civil or administrative.

You are not suing the court, you are the other party in your life.

If your first instance was originally a civil lawsuit, then the appeal is also a civil lawsuit, and if your doctor was originally an administrative lawsuit, then the appeal is also an administrative lawsuit.

An appeal is not a lawsuit against the court.

A protest is not a lawsuit against the court.

Summary. Paragraphs 1 and 2 of Article 24 of the Interpretation of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China, issued by the Supreme People's Court in 2018, stipulate that if a party is dissatisfied with the performance of administrative duties by a villagers' committee or residents' committee in accordance with the authorization of laws, regulations, or rules, the villagers' committee or residents' committee shall be the defendant. Where a party is dissatisfied with the conduct of a villagers' committee or residents' committee entrusted by an administrative organ and initiates a lawsuit, the entrusted administrative organ is the defendant.

Therefore, it can be seen that when a village committee carries out the administrative management acts provided for in laws, regulations, and rules, the village committee can become the defendant in an administrative lawsuit, and then according to the Land Management Law of the People's Republic of China and the Organic Law of the Villagers' Committee, the village committee's administrative management of land in accordance with the law, such as registration, distribution, contract issuance, and repossession, are all circumstances in which the village committee can be the defendant in an administrative lawsuit.

Hello, dear, administrative lawsuit.

Paragraphs 1 and 2 of Article 24 of the Interpretation of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China, issued by the Supreme People's Court in 2018, stipulate that if a party is dissatisfied with the performance of administrative duties by a villagers' committee or residents' committee in accordance with the authorization of laws, regulations, or rules, the villagers' committee or residents' committee shall be the defendant. Where a party is dissatisfied with the conduct of a villagers' committee or residents' committee entrusted by an administrative organ and initiates a lawsuit, the entrusted administrative organ is to be the defendant. Therefore, it can be seen that when a village committee carries out the administrative management acts provided for in laws, regulations, and rules, the village committee can become the defendant in an administrative lawsuit, and then according to the Land Management Law of the People's Republic of China and the Organic Law of the Villagers' Committee, the village committee's administrative management of land in accordance with the law, such as registration, distribution, contract issuance, and repossession, are all circumstances in which the village committee can be the defendant in an administrative lawsuit.

1. Whether the lawsuit against the village committee is an administrative lawsuit or a civil lawsuit.

1) Suing the village group is a civil lawsuit. (2) Because even the village committee is a grassroots mass autonomous organization of villagers' self-management, self-education, and self-service. (3) According to Article 2 of the Organic Law of Villagers' Committees, villagers' committees are grass-roots mass autonomous organizations for villagers' self-management, self-education and self-service.

2. How to sue the village committee.

Suing a village committee first looks at what kind of dispute it belongs to, and whether the village committee is a qualified entity as a defendant, and a complaint shall be submitted to the people's court for litigation. Before proceeding with the steps of villagers suing the village committee, the following materials should be prepared: complaint, find out the basic registration information of the other party (name, address, legal representative, **, etc.); and make copies according to the number of opposing parties; Prepare evidence, the original and a copy of the ID card, favorable evidence and a copy of the dispute with the other party, and other evidence and a list of witnesses.

litigation costs; Go to the court to file a case. Everyone has the right to recover their lawful rights and interests, and if the village committee has committed a legal act and can file a lawsuit, the lawsuit shall be filed with the people's court. Before proceeding with the steps of villagers suing the village committee, the following materials should be prepared:

1. Complaint, figure out the basic registration information of the other party (the name of the other party, Changjin address, legal representative, **, etc.), you can write it yourself or find a lawyer**; and make copies according to the number of opposing parties;

2. Prepare evidence, the original and a copy of your ID card, all the evidence and copies in your favor in the dispute with the other party, and other evidence and witness lists that may be helpful to you.

3. Bring the legal fee; Go to the court to file a case.

Where there is truly difficulty in writing the complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Legal basis: Article 120 of the Civil Procedure Law of the People's Republic of China provides that a complaint shall be submitted to the people's court for a lawsuit, and a copy shall be submitted according to the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 50 of the Administrative Litigation Law of the People's Republic of China provides that a complaint shall be submitted to the people's court for prosecution, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the lawsuit may be filed orally, and the people's court will record it in the record, issue a written certificate indicating the date, and inform the opposing party.