What is the scope of administrative litigation?

Relevant Legal Knowledge" test center explanation!

Legal analysis: The specific scope of administrative litigation acceptance is: 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 such as restricting personal liberty or sealing, seizing, or freezing property, or administrative compulsory enforcement; 3.Where an administrative organ refuses 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 to confirm the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, etc.

Legal basis: Administrative Litigation Law of the People's Republic of China

Article 4: People's courts exercise adjudication power independently in administrative cases in accordance with law, and are not to be interfered with by administrative organs, social groups, or individuals.

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; (C) an application for administrative licensing, the administrative organ refuses 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 to confirm 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 the administrative organ has not lawfully paid the old-age pension, minimum subsistence allowance or social insurance benefits; (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; (12) Where it is found that an administrative organ has violated the lawful rights and interests of others such as personal rights and property rights.

The specific scope of acceptance of administrative litigation is: 1refusing 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 such as restricting personal liberty or sealing, seizing, or freezing property, or administrative compulsory enforcement; 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 to confirm the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, etc.

Legal basis: Administrative Litigation Law of the People's Republic of China

Article 4: People's courts must independently exercise adjudication power over administrative cases in accordance with law, and are not to be interfered with by administrative organs, social groups, or individuals.

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; (C) an application for administrative licensing, the administrative organ refuses 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 to confirm 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 decision on expropriation or requisition and the decision on 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; (12) Where it is found that an administrative organ has violated the lawful rights and interests of others such as personal rights and property rights.

The scope of administrative litigation includes: dissatisfaction with the decision of administrative licensing, failure of the administrative organ to perform its statutory obligations, dissatisfaction with the administrative punishment decision of the administrative organ, dissatisfaction with the administrative compulsory measures or administrative compulsory enforcement, dissatisfaction with the expropriation or expropriation decision and its compensation decision, etc.

Legal basis] Article 12 of the Administrative Litigation Law of the People's Republic of China.

The people's courts accept the following lawsuits brought by citizens, legal persons, or other organizations to be lenient:

1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, prudent 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;

(C) an application for administrative licensing, the administrative organ refuses 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 to confirm the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, buried land, 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;

Article 2 of the Administrative Litigation Law of the People's Republic of China (hereinafter referred to as the "Administrative Litigation Law") stipulates: "Citizens, legal persons or other organizations that believe that the specific administrative acts of administrative organs and their staff infringe upon their lawful rights and interests shall have the right to file a lawsuit with the people's courts in accordance with this Law." Article 11 of the first article of the law further lists eight types of administrative cases accepted by the people's courts, which are:

1) Administrative penalty cases; 2) Administrative coercive measures cases; (3) Cases of infringement of business autonomy; (4) Application for the issuance of permits and license cases; (5) Cases of applications for performance of statutory duties to protect personal rights and property rights; (6) Application for the payment of pensions; (7) Cases of violating the Tong Trap Law to require the performance of obligations; (8) Cases in which it is found that the administrative agency has infringed on the personal rights and property rights of others.