What are the conditions for initiating administrative litigation enforcement procedures?

1. Definition of administrative litigation enforcement procedures.

In the narrow sense, the administrative litigation enforcement procedure only includes the enforcement procedure for judicial rulings, which refers to the procedures for the people's courts to take compulsory enforcement measures to enable the administrative rulings that have already taken effect to be realized. In a broad sense, administrative litigation enforcement procedures also include administrative procedures for specific administrative acts at the request of administrative organs by the people's courts.

2. The main characteristics of the enforcement of administrative litigation.

1) The subject of enforcement includes both the people's courts and the administrative organs that independently enjoy the power of administrative compulsory enforcement in accordance with the provisions of laws and regulations. This is the difference between administrative litigation enforcement and civil enforcement.

2) The basis for enforcement is the litigation documents that have taken effect, including administrative rulings, judgments and administrative compensation mediation documents. It is the most important difference between the enforcement of administrative litigation and the enforcement of non-litigation administrative cases. The basis for the enforcement of administrative litigation is the judicial documents that have taken effect, not the subject matter of enforcement in the administrative case, which is the specific administrative act of the administrative organ.

3) One of the applicant or respondent is an administrative agency. This is determined by the nature of the administrative case and the basis of the administrative-legal relationship, and is a concentrated reflection of the administrative-legal relationship in the enforcement of litigation;

4) The purpose of enforcement is to achieve the obligations set forth in the legal instruments that have entered into force.

3. The conditions for the parties to apply for the enforcement of administrative judgments.

1) There is a basis for enforcement;

2) have enforceable content;

3) the refusal of the parties to perform their obligations under the judicial documents;

4) The applicant for enforcement shall submit an application for enforcement within the statutory time limit.

I. Conditions for Enforcement of Administrative Litigation.

The enforcement of administrative litigation can only take place after certain conditions prescribed by law are met, without which the enforcement procedure cannot be initiated.

1. There must be a basis for enforcement, that is, the legal documents on which enforcement is enforced, that is, effective judgments, rulings and compensation mediation documents.

2. There must be content that can be used for bending tung to execute. Generally refers to compensation; The obligation to impose certain acts, such as demolishing illegal buildings, re-committing administrative acts, or restitution to the original state.

3. The person who is being held is capable of performing but not performing his obligations.

4. The applicant submits an application for enforcement within the statutory time limit.

In administrative litigation cases, if a citizen, legal person or other organization refuses to perform, the administrative organ or a third party may apply to the court for enforcement, or the administrative organ with enforcement power may enforce it; If the administrative organ refuses to perform, it will be enforced by the Faming Hunger Hospital.

[Legal basis].

Article 94 of the Administrative Litigation Law of the People's Republic of China.

The parties must perform the legally effective judgments, rulings, and mediation documents of the people's courts.

Article 95.

Where citizens, legal persons, or other organizations refuse to perform on judgments, rulings, or mediation documents, the administrative organs or third parties may apply to the first-instance trial court for compulsory enforcement, or the administrative organs are to enforce them in accordance with law.

Article 96.

Where administrative organs refuse to perform on judgments, rulings, or mediation documents, the first-instance trial court may employ the following measures:

3) Announce the administrative organ's refusal to perform;

4) Submit a judicial recommendation to the Supervision Organ or to the administrative organ at the level above that administrative organ. The organ accepting the judicial recommendation is to handle it in accordance with relevant provisions, and inform the people's court of the disposition;

5) If the refusal to perform on the judgment, ruling, or mediation document of the Huai Leasing Bank, and the social impact is vile, the person in charge and other persons directly responsible for the administrative organ may be detained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

1. Prosecution stage. At this stage, the plaintiff writes a complaint and submits it to a court of competent jurisdiction.

2. Acceptance stage.

At this stage, the court shall examine the prosecution and decide to accept the case if it meets the requirements for prosecution as prescribed by law.

3. Preparation stage before trial. At this stage, it is mainly the submission and delivery of various litigation documents, which has the following links:

1) The court shall form a collegial panel and send a copy of the complaint to the defendant;

2) The defendant submits the reply and relevant materials to the court, and the court sends a copy of the reply to the plaintiff;

3) The court makes other preparations for the lawsuit.

4. **Trial stage. At this stage, the focus is on court investigations and court arguments. The court hearing forms include ** trial and written trial (no need for the parties to be present).

5. Judgment stage. After the trial, the court ascertained the facts and rendered a verdict in accordance with the law.

6. Execution stage. After the judgment, if the parties do not appeal within the statutory time limit, the judgment takes effect and the parties may apply to the people's court for enforcement.

1. Divorce court lawsuit.

Stage 1: Prosecution Stage.

1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

2. The people's court accepts the documents and materials submitted by the plaintiff and conducts a review;

3. After review, the lawsuit meets the requirements of the law and regulations, and a decision to accept the case is made and the case is filed, otherwise, the plaintiff's documents and materials are returned and the reasons for the inadmissibility are notified.

Stage 2: Defence stage.

1. The people's court shall serve a copy of the plaintiff's complaint on the defendant and inform the defendant to make a written defense;

2. The defendant shall make a written defense within 15 days from the date of receipt of a copy of the indictment served by the people's court. If the defendant does not file a reply within 15 days, the people's court will hear the case and make a judgment as usual.

3. The third stage of grinding and repentance sail section: ** trial stage.

This stage enters the substantive stage of divorce proceedings, which is mainly to review the evidence, ascertain the facts of the case, distinguish right from wrong, and confirm the rights and obligations of the parties.

Article 50 of the Administrative Litigation Law 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 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.

1. Generally speaking, administrative organs must go through the following procedures for compulsory enforcement: (1) The making of an administrative compulsory enforcement decision. (2) Admonition. (3) Statements and defenses; (4) Preparation of executive decision; (5) service; (6) Adopt various enforcement methods (7) Implementation of administrative compulsory enforcement.

II. Application to the People's Court for Compulsory Enforcement If the party concerned fails to perform its administrative obligations within the time limit, the administrative organ may apply to the people's court for compulsory enforcement. When a people's court receives an application for compulsory enforcement from an administrative organ, it generally conducts a written review. Where it is not accepted, the administrative organ shall be notified in writing within 5 days, and the reasons for not accepting it shall be notified.

Where upon review, the people's court finds that the administrative decision does not have the effect of statutory enforcement, that the administrative decision has no statutory basis, that the obvious facts are unclear or that the legally-prescribed procedures are violated, or that enforcement might cause irreparable losses, it shall rule not to enforce it. If, upon review, it is found that the requirements for applying for enforcement are met, the people's court shall make an enforcement ruling, issue a public announcement and serve it on the parties within three days, and limit the time limit for the parties to perform. According to Article 95 of the Administrative Litigation Law:

Where citizens, legal persons, or other organizations refuse to perform on judgments, rulings, or mediation documents, the administrative organ may apply to the people's court of first instance for compulsory enforcement, or the administrative organ shall enforce it in accordance with law.

1) The plaintiff has a direct interest in the enforcement of the company.

2) There is a clear defendant.

3) There is a specific litigation claim and factual basis.

4) It is within the scope of the people's court's acceptance of the case and the jurisdiction of the people's court receiving the lawsuit.

1. What is the scope of administrative litigation?

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 its compensation;

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;

The general procedures for administrative compulsory enforcement refer to the procedures that are common to various administrative compulsory enforcement methods. It is also known as the administrative enforcement decision stage, the warning stage, and the implementation stage of administrative enforcement.

1) The making of administrative compulsory enforcement decisions. An administrative compulsory enforcement decision is a specific administrative act made by an administrative organ in accordance with law and deciding to take administrative compulsory measures against the obligor. It is the direct basis for the implementation of administrative compulsory enforcement, and it is also the primary link of the administrative compulsory enforcement procedure.

Administrative organs making administrative compulsory enforcement decisions must comply with both factual and legal requirements. Factual conditions refer to the premise that the decision on administrative compulsory law enforcement must be made on the premise that the obligor fails to perform the obligations it should perform within the time limit. According to the provisions of some laws in China, only when the obligor refuses to perform the administrative decision, does not apply for reconsideration within the time limit, and does not file a lawsuit with the people's court, can the administrative organ make a decision on administrative compulsory enforcement.

Legal conditions, i.e., administrative compulsory enforcement decisions can only be made by administrative organs that have been granted the power of compulsory enforcement by laws and regulations. Administrative organs that have not been granted the power of administrative compulsory enforcement can only apply to the people's courts for compulsory enforcement in accordance with law.

(2) Admonition. A warning refers to a measure taken by an administrative organ to issue a notice to the obligor when the obligor fails to perform the obligation within the time limit, asking for and urging the obligor to perform the obligation automatically. The admonition is premised on the obligor's failure to perform its obligations within the time limit, so it can be carried out before the administrative organ makes an administrative compulsory enforcement decision, or it can be carried out after the enforcement decision is made.

The former is to urge the obligor to perform its obligations, and at the same time, it is also possible to understand the reasons for the obligor's non-performance of obligations. In addition to the above-mentioned functions, the main purpose of the latter is to inform the obligor of the legal consequences that will lead to enforcement if it fails to perform again. The admonition shall also be made in writing, and its content shall include the obligations to be performed by the obligor and the time limit for performance, the basis for requesting the performance of the obligation, the legal consequences of non-performance, and the date of the warning.

3) Implementation of administrative enforcement. If, after the expiration of the warning period, the obligor still refuses to perform the obligations required to be performed in the administrative disposition decision made by the administrative organ in accordance with law, the administrative compulsory enforcement decision shall take effect. In such a case, the administrative organ shall implement the administrative compulsory enforcement decision in accordance with certain procedures.

When China's administrative organs make corresponding administrative decisions, if the administrative person subject to enforcement does not file an administrative reconsideration and fails to perform the corresponding obligations, the administrative organs can also take compulsory measures, and at the same time, after the administrative organs apply to the court for compulsory measures, the court will also complete the enforcement measures within six months, and the enforcement period can also be extended if special circumstances are encountered.