In administrative litigation, the difference between new litigation and duplicate litigation

The difference between the two is that a new lawsuit may be accepted by the court, while a duplicate lawsuit is illegal and will not be accepted.

Duplicate Prosecution: A lawsuit filed on the same facts and grounds, or a lawsuit filed in two courts on the same case. Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Administrative Litigation Law of the People's Republic of China, Article 44, Item 8.

Article 44: In any of the following circumstances, a ruling shall be made not to accept it; where it has already been accepted, a ruling is made to dismiss the lawsuit

1) The matter requested is not within the scope of administrative adjudication authority;

2) The plaintiff does not have the qualifications to be the subject of the plaintiff's litigation;

3) The prosecutor mistakenly lists the defendant and refuses to change it;

4) The law stipulates that a legally-prescribed or designated person or representative must be engaged in litigation conduct, and the legally-prescribed or designated person or representative is not engaged in litigation conduct;

5) The litigant is suing on behalf of the litigant, and the litigant does not meet the statutory requirements;

6) The prosecution exceeds the legally-prescribed time limit and there is no legitimate reason;

7) Where laws or regulations provide that administrative reconsideration is a necessary procedure for initiating litigation but no application for reconsideration is made;

8) The prosecutor initiates repeated lawsuits;

9) Where the prosecution has already been withdrawn, but there is no legitimate reason for the prosecution to be initiated;

10) The subject matter of the litigation is bound by the validity of an effective judgment;

11) The prosecution does not have other legally-prescribed requirements.

Where the circumstances listed in the preceding paragraph may be supplemented or corrected, the people's court shall order the supplementation or correction within a specified period of time; Where corrections or corrections have already been made within the designated period, they shall be accepted in accordance with law.

Re-litigation complies with the relevant provisions of the Administrative Litigation Law, which refers to re-filing a lawsuit after the conditions are met. However, repeated litigation belongs to the category of the prohibition of res judicata, that is, it has already been litigated once, and after being handled by the court, it is filed again on the same facts and claims, so it cannot be supported by the court.

Legal Analysis: Several Situations of Repeated Prosecution in Administrative Litigation.

1. Where the defendant sued by the plaintiff is not qualified, and the people's court informs the defendant to change, and the plaintiff does not agree to the change and is ruled to reject the lawsuit, and then changes the defendant to initiate an administrative lawsuit against the same administrative act for the second time, it shall be found to be a duplicate lawsuit.

2. Where one or more persons have already filed an administrative lawsuit against the same administrative act, the case is under trial or the people's court has already made a substantive judgment, and the other person has raised an administrative lawsuit against the administrative act, it shall be found to be a duplicate lawsuit.

3. Where the plaintiff has already applied to withdraw the lawsuit, and after the people's court has ruled to allow the withdrawal of the lawsuit, it raises an administrative lawsuit against the same administrative act for the second time without a legitimate reason, it shall be found to be a duplicate lawsuit.

4. When administrative reconsideration is an optional procedure, and the time limit for initiating an administrative lawsuit as provided for in the special law is shorter than the time limit for applying for reconsideration, after the plaintiff's lawsuit against an administrative act has been rejected by the people's court because it has exceeded the statutory time limit, and then applies to the reconsideration organ for reconsideration, and the reconsideration organ makes a reconsideration decision to maintain the original administrative act, and the party is not satisfied, and then returns to the court to file an administrative lawsuit against the original administrative act, it shall be found to be a duplicate scumbag lawsuit.

Legal basis: Article 49 of the Administrative Litigation Law of the People's Republic of China: The following conditions shall be met for initiating a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that meets the requirements of article 25 of this Law;

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.

There are several situations in which repeated litigation is filed in an administrative lawsuit.

1. Where the defendant sued by the plaintiff is not qualified, and the people's court informs the defendant to change it, and the plaintiff does not agree to the change and is ruled to dismiss the lawsuit, and then changes the defendant to file an administrative lawsuit against the same administrative act for the second time, it should be found to be a duplicate lawsuit.

2. Where one or more of the multiple persons who have a legal interest in the same administrative act have already initiated an administrative lawsuit against the administrative act, the case is under trial or a substantive judgment has already been made by the people's court, and the other person has raised an administrative lawsuit against the administrative act, it shall be found to be a duplicate lawsuit.

3. Where the plaintiff has already applied for withdrawal of the lawsuit, and after the people's court has ruled to allow the withdrawal of the land belt lawsuit, it initiates an administrative lawsuit against the same administrative act for the second time without a legitimate reason, it shall be found to be a duplicate lawsuit.

4. When administrative reconsideration is an optional procedure, and the time limit for initiating an administrative lawsuit as provided for in the special law is shorter than the time limit for applying for reconsideration, and the plaintiff's lawsuit against an administrative act is rejected by the people's court because it has exceeded the statutory time limit, and then applies to the reconsideration organ for reconsideration, and the reconsideration organ makes a reconsideration decision to maintain the original administrative act, and the party concerned is not satisfied and files an administrative lawsuit with the court against the original administrative act, it shall be found to be a duplicate lawsuit.

Legal basis: Article 49 of the Administrative Litigation Law of the People's Republic of China: The following conditions shall be met for initiating a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that meets the requirements of article 25 of this Law;

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.

The methods for determining duplicate litigation in administrative litigation are as follows: If, during the trial of an administrative case or at the conclusion of the trial, after a judgment has been rendered, another person raises an administrative lawsuit in the people's court on the basis of that cause, it may be found to be duplicate litigation.

Legal basis] Article 51 of the Administrative Litigation Law of the People's Republic of China.

When a people's court receives a complaint, it shall register and file a case if it meets the requirements for initiating a complaint as provided for in this Law.

Where it is not possible to determine on the spot whether the requirements for initiating litigation as provided for in this Law are met, the complaint shall be accepted, a written certificate indicating the period of receipt of the Rimeng fissure, and a decision on whether to file the case shall be made within 7 days. where the requirements for initiating litigation are not met, a ruling is made not to file the case. The ruling shall clearly state the reasons for not filing the case.

If the plaintiff is not satisfied with the ruling, he may appeal with a smile.

Where the content of the complaint is lacking or has other errors, guidance and explanations shall be given, and the parties shall be informed of the content that needs to be supplemented and corrected at one time. An indictment shall not be withheld on the grounds that the indictment does not meet the conditions without guidance and explanation.

Where the complaint is not accepted, the written evidence is not issued after receiving the complaint, and the parties are not informed of the content of the complaint that needs to be supplemented and corrected at one time, the parties may make a complaint to the people's court at the level above, and the people's court at the level above shall order corrections and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law.