Essential Difference Between Administrative Litigation Procedure and Administrative Procedure 30

Updated on society 2024-03-10
3 answers
  1. Anonymous users2024-02-06

    1. The nature of the case is different.

    Administrative litigation resolves administrative disputes between administrative entities and administrative counterparts; Civil litigation is the settlement of civil disputes between equal subjects.

    2. The subject of the lawsuit is different.

    Administrative litigation is initiated by the administrative counterpart or interested parties, and the administrative entity does not have the right to sue or counterclaim; Both parties to a civil lawsuit have the right to file and have the right to counterclaim each other.

    3. The burden of proof is different.

    In administrative litigation, the defendant bears the burden of proof on whether the specific act is lawful; In civil litigation, Duan Sanqi is "whoever asserts the claim, who presents evidence".

    4. Whether to use mediation is different.

    Mediation is not applicable to administrative litigation except for administrative compensation litigation; Mediation is a fundamental principle in civil litigation.

    5. ApplicabilityLegal basisDifferent.

    Administrative litigation is based on the Administrative Substantive Law and the Administrative Procedure Law; Civil litigation is based on civil substantive laws such as the Civil Code and the Civil Procedure Law.

    Difference Between Mediation and Litigation.

    Mediation, as a kind of civil dispute resolution mechanism, refers to the third party communicating information between the parties to the dispute in accordance with certain social norms (including customs, morals, laws and other norms), laying out facts and reasoning, and promoting mutual understanding and compromise between the parties to the dispute, so as to reach an agreement on the final settlement of the dispute. It has the characteristics of autonomy of meaning and non-strict normativeness.

    Litigation refers to a mechanism whereby a specific state organ participates in the dispute and resolves social disputes with the public power of the state. In modern society, litigation is presided over by the judicial organs of the state, and due to the exercise of public power of the state, it has the characteristics of state coercion and strict normativity. According to the nature of the cases heard by the judicial organs, the forms of litigation are also correspondingly different, which can be divided into civil litigation, criminal litigation, administrative litigation, constitutional litigation, etc.

    The legal basis is fierce

    Civil Procedure Law of the People's Republic of China

    Article 2: The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties' exercise of procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate citizens to conscientiously abide by the law, preserve social and economic order, and ensure the smooth progress of the cause of socialist construction.

    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.

    Article 4: This Law must be complied with in all civil litigation conducted within the territory of the People's Republic of China.

  2. Anonymous users2024-02-05

    Specifically, the administrative litigation procedures are: 1. The court with jurisdiction must first be confirmed; 2. The plaintiff shall submit the complaint to the people's court and submit a copy according to the number of people who have been informed of the complaint; 3. The people's court shall send a copy of the complaint to the defendant within 5 days of filing the case, and the defendant shall submit relevant materials to the people's court within 15 days; 4. The people's court shall form a collegial panel to conduct the trial and make a judgment through the trial.

    Article 14 of the Law of the People's Republic of China on Administrative Reconsideration of the People's Republic of China is dissatisfied with the specific administrative act of the department or the people of the province, autonomous region or municipality directly under the Central Government, and shall apply for administrative reconsideration to the department that took the specific administrative act or the people of the province, autonomous region or municipality directly under the Central Government. Those who are dissatisfied with the administrative reconsideration decision may file an administrative lawsuit with the people's court; It is also possible to apply to *** for a ruling, and *** will make a final ruling in accordance with the provisions of this Law.

  3. Anonymous users2024-02-04

    Specifically, the administrative litigation procedures are:

    1. First of all, it is necessary to confirm the court of jurisdiction;

    2. The plaintiff shall submit the complaint to the people's court and submit copies according to the number of defendants;

    3. The people's court shall send a copy of the complaint to the defendant within 5 days of filing the case, and the defendant shall submit relevant materials to the people's court within 15 days;

    4. The people's court shall form a collegial panel to conduct the trial and make a judgment through the trial.

    Legal basis

    Article 67 of the Administrative Litigation Law of the People's Republic of China.

    The people's court shall, within 5 days of filing the case, send a copy of the complaint to the defendant. The defendant shall, within 15 days of receiving a copy of the complaint, submit to the people's court the evidence of the administrative act and the normative documents on which it is based, and submit a reply. The people's court shall send a copy of the reply to the plaintiff within 5 days of receiving the reply.

    Where the defendant does not submit a reply, it does not impact the people's court's trial.

    Article 68.

    People's courts hearing administrative cases are to form a collegial panel of adjudicators, or a collegial panel of adjudicators and jurors. The members of the collegial panel shall be an odd number of three or more.

    Article 69.

    Where the evidence of the administrative act is conclusive, the applicable laws and regulations are correct, and the legally-prescribed procedures are complied with, or the plaintiff's reasons for applying for the defendant to perform the legally-prescribed duties or the obligation to pay the defendant are not sustained, the people's court shall make a judgment rejecting the plaintiff's litigation claim.

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