Basic information on administrative law and administrative litigation law

The main research contents of administrative law and administrative litigation law include the following:

Administrative Law and Administrative Litigation Law mainly includes six parts: the first part is the introduction, including the basic concepts of administrative law, the legal sources of administrative law, the basic principles of administrative law, and the historical development of administrative law and administrative law; The second part is the subject of administrative law, including the subject of administrative law, the subject of administrative law, the subject of administrative counterpart and the subject of administrative legal supervision;

The third part is administrative acts, including specific administrative acts, abstract administrative acts, administrative processing, other acts and administrative procedures implemented by administrative subjects;

The fourth part is administrative reconsideration, including the subject, scope and procedure of administrative reconsideration; The fifth part is administrative litigation, including the scope of administrative litigation, jurisdiction, participants, evidence and judgments, rulings and decisions, etc.;

The sixth part is administrative compensation, including the scope of administrative compensation, the claimant of compensation balance difference and the organ with the obligation to compensate, the compensation method, standards and procedures, etc. Through the study of this course, students will have a general grasp of the basic theories of administrative law, and understand the legal practice of administrative law and administrative litigation in China, and have the practical ability and legal quality to engage in administrative litigation.

Administrative Law and Administrative Litigation Law (Seventh Edition) is a classic textbook in this field that has been improved and amended on the basis of the development and changes of administrative law and administrative litigation law in recent years, reflecting the new theoretical and legislative practice and changes in this field.

The Administrative Litigation Law and the Administrative Substantive Law are procedural laws that regulate administrative litigation acts and adjust the relationship between administrative litigation and litigation. The administrative entity law is a legal norm that stipulates the rights and obligations of the administrative organ and the entity of the opposite party. Therefore, the content and scope of the provisions are different.

However, there is also a certain connection between the Administrative Litigation Law and the Administrative Substantive Law. The Administrative Litigation Law is an important means to ensure the correct implementation of the substantive law.

Article 1 This Law is formulated in accordance with the Constitution in order to regulate the establishment and implementation of administrative punishments, to ensure and supervise the effective implementation of administrative management by administrative organs, to safeguard public interests and social order, and to protect the lawful rights and interests of citizens, legal persons, or other organizations.

Administrative law is a general term for the legal norms of various relationships between administrative subjects and administrative counterparts and administrative legal supervision subjects in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as various relationships within administrative subjects.

The Administrative Litigation Law is a lawsuit filed by an individual, legal person or other organization in the court that an administrative act taken by a state organ infringes upon its lawful rights and interests. The Administrative Litigation Law is the norm that the court must comply with in hearing administrative cases and the litigation activities of participants in administrative litigation (plaintiffs, defendants, ** persons, etc.).

The Administrative Litigation Law and the Administrative Substantive LawThe Administrative Litigation Law is a procedural law that regulates administrative litigation acts and adjusts administrative litigation relations. The administrative entity law is a legal norm that stipulates the rights and obligations of the administrative organ and the opposing party.

Therefore, the content and scope of the provisions are different. However, there is also a certain connection between the Administrative Litigation Law and the Administrative Substantive Law. The Administrative Litigation Law is an important means to ensure the correct implementation of the substantive law.

Legal analysis: Administrative litigation refers to a system in which citizens, legal persons or other organizations believe that the specific administrative acts carried out by the organs and organizations exercising state administrative power and their staff members have violated their legitimate rights and file a lawsuit with the people's court in accordance with the 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 the law, so as to resolve the administrative dispute.

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

Article 1: This Law is formulated on the basis of the Constitution, so as to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, and protect the lawful rights and interests of citizens, credit sales legal persons, and other organizations.

Article 2: Citizens, legal persons, or other organizations that feel that administrative organs and their staff's administrative slippery conduct violates their lawful rights and interests have the right to file a lawsuit 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.