What is the difference between the courtroom layout of your litigation and administrative litigation

Hello, because your question is not clearly stated, you should want to ask what is the difference between the courts of civil litigation and administrative litigation. In the actual trial, there is no difference in the court layout of civil litigation and administrative litigation, the original defendant sits opposite each other, and the table cards are also the plaintiff and the defendant, but the case will be heard by the administrative tribunal, I hope mine can help you.

The differences between administrative reconsideration and administrative litigation are as follows:

1. The processing organs are different. The organs handling administrative reconsideration and administrative litigation are different, the former is an administrative organ, and the latter is a people's court, that is, a judicial organ.

2. The nature is different. The difference in the nature of their acts is determined by the difference in the handling organs: the reconsideration act of the administrative reconsideration organ is an administrative act, which is a hierarchical supervision system within the administrative organ, and for the counterpart, it is a means of administrative relief; However, the people's courts' activities in hearing administrative cases are judicial activities, which are the people's courts' supervision activities over administrative organs, and are the judicial review of administrative acts by the people's courts in the exercise of judicial power, which is a means of litigation relief for the administrative counterpart.

The former is regulated by the Administrative Procedure Law, i.e., the Administrative Reconsideration Law, while the latter is governed by the Procedural Law, i.e., the Administrative Litigation Law.

3. The scope of the case is different. The scope of administrative reconsideration is greater than the scope of administrative litigation. If it is within the scope of administrative litigation, it must be within the scope of administrative reconsideration; However, if it falls within the scope of administrative reconsideration, it may not be within the scope of administrative litigation.

The scope of administrative litigation is limited to personal rights and property rights: in addition to the infringement of personal rights and property rights by administrative acts, the scope of administrative reconsideration also includes the infringement of the right to education and other rights.

4. The review standards are different. Both administrative reconsideration and administrative litigation take administrative acts as the object of review, but their review standards are different. Administrative reconsideration examines the legality and appropriateness of administrative acts; In principle, administrative litigation only reviews the legality of administrative acts, and does not review inappropriate administrative acts.

In addition, the Administrative Reconsideration Law has expanded the scope of applications for reconsideration, so that the legitimate rights and interests of citizens, legal persons, or other organizations are more comprehensively protected.

5. The trial method and trial system are different.

It's basically the same, with only two layouts. First: Under the high platform is the clerk's position, and the plaintiff and defendant are distributed on both sides.

The witness stand is also across from the high-speed rail platform, usually behind the prison chair. Type 2: The high platform is divided into two parts, and near the two sections are the clerk and witness stands, which are located on the left and right, respectively.

In the distance are the plaintiff and the defendant, shoulder to shoulder. The prisoners of the criminal court sit in the middle, surrounded by staff seats, witness stands and defendants' docks.

Legal analysisThere are three tables in the middle of the summary courtroom, with the presiding judge sitting in the middle and the judges on either side. There is a table on the left. The clerk is flanked by the plaintiff and the defendant.

On the left is the defendant, and on the right is the plaintiff. Directly in front is the auditorium, depending on what kind of litigation it is. The seating arrangements for criminal proceedings are different from those for civil and administrative proceedings.

The unchanged part is that the presiding judge is directly opposite the courtroom auditorium, and the judge and people's assessors are on either side of the presiding judge. The clerk is seated in front of the judge's seat. Civil Litigation and Administrative Litigation:

On either side of the bench, one side is the plaintiff's bench and the other is the defendant's bench. The witness stand usually faces the judge. The interpreter's seat is not fixed.

Criminal proceedings: On either side of the judge's bench, on one side is the prosecutor's bench and on the other side is the defender's bench. In civil proceedings incidental to criminal cases, the plaintiff's seat is usually accompanied by the defender's seat.

If the number of people is larger, it can be arranged separately. The defendant in the criminal proceedings sits in the direction facing the judge, between the audience and the judge's bench, immediately adjacent to the first row of the audience. The witness stand is usually in the middle.

The interpreter's seat is not fixed. Hearing procedure: Verify the identity of both parties and ** persons.

The plaintiff should state the facts, reasons and requirements. (A brief description of the complaint). Statement of the defendant (appellee) (ibid.).

The plaintiff (appellant) adduces evidence (presents his own evidence) and cross-examination (expresses his opinion on the other party's evidence). The defendant (appellee) presented evidence and cross-examination. Arguments in court.

The parties expressed more detailed comments on the issues in dispute). The court organizes mediation. At least four tables, six chairs and a few chairs in the auditorium are required for the courtroom.

The courtroom is in front of the courtroom, the national emblem is hung on the wall**, the clerk's bench is in front of the judge's seat, the plaintiff's bench is below the right side of the trial seat, the defendant's bench is under the left side of the judge's seat, and the plaintiff's bench is opposite the defendant's bench. That's usually the case. Civil litigation is litigation between natural persons and natural persons, between natural persons and legal persons, and between legal persons and legal persons, and the parties to administrative litigation must be administrative organs, and criminal litigation is divided into private prosecution and public prosecution; A public prosecution is a lawsuit initiated by a procuratorate, and a private prosecution is a lawsuit initiated by a victim or a person who has a family relationship with the victim.

Legal basisCoast Guard Law of the People's Republic of China Article 38 Coast Guard bodies handling criminal cases occurring at sea shall exercise investigative powers and employ investigative measures and criminal compulsory measures in accordance with the Criminal Procedure Law of the People's Republic of China and the relevant provisions of this Law.

Your question is: What is the court layout of the three types of litigation (civil litigation, criminal litigation, administrative litigation)?

It's basically the same, just two layouts. In either case, it is the judge who is in the middle of the platform, and the difference is in the position of others.

First, under the high platform is the clerk's position, and the original defendant is distributed on both sides. There is an additional prison chair or standing cage opposite the high platform of the criminal court. The witness stand is also opposite the raised platform, usually behind the prison chair. This is often the main court for criminal proceedings.

The second type: the high platform is divided into two parts, and the clerk's and witness seats are nearby, which are arranged on the left and right sides. In the distance are the original defendants, side by side. The prisoners of the Criminal Court sat in the middle, surrounded by the clerk's bench, the witness bench, and the original defendant's bench. This kind of general court is the majority.

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 matter of Tibb's lawsuit is different.

Administrative litigation is initiated by the administrative counterpart and 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 a lawsuit 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, "whoever asserts the claim shall bear the burden of proof".

Fourth, whether to use mediation or not is different.

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

5. The basis for applying the law is different.

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 General Principles of the Civil Law and the Civil Procedure Law.

Administrative litigation is an activity conducted by the people's courts through adjudication. Administrative justice is an administrative act in which an administrative organ acts as the adjudicator of a dispute and resolves administrative disputes and other specific disputes in accordance with administrative and judicial procedures.

Legal basis: Administrative Litigation Law of the People's Republic of China (Yu Qiao) 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, protect the lawful rights and interests of citizens, legal persons, and other organizations, and supervise the lawful exercise of authority by administrative organs.

1) The purpose is different. The purpose of administrative litigation is to safeguard and supervise the exercise of administrative functions and powers by administrative organs in accordance with the law, and to protect the legitimate rights and interests of citizens, legal persons, and other organizations. What civil litigation seeks to resolve is the property and personal relations between citizens, legal persons, and citizens and legal persons.

2) The subject of the litigation is different. In an administrative lawsuit, one of the parties must be the administrative organ, and it has always been in the position of a defendant and cannot make a counterclaim; In a civil lawsuit, both parties can be both plaintiffs and defendants, and the defendant can make a counterclaim. (3) The conditions for the people's courts to accept a lawsuit are different.

In administrative lawsuits, some may be filed directly with the people's court, and some must be reconsidered by the administrative organ at the next higher level before filing a lawsuit; However, there are no such conditions for initiating a civil lawsuit, as long as there is a clear defendant, a specific claim and a factual basis, and it is within the jurisdiction of the people's court, a lawsuit can be filed. (4) The burden of proof is different. In administrative litigation, the administrative organ bears the burden of proof for the specific administrative act being sued, and the plaintiff does not bear the burden of proof, while in civil litigation, whoever raises the litigation claim bears the burden of proof.

5) The trial principles are different. Courts hearing administrative cases do not apply mediation, and must conclude the case by way of judgment or ruling; In civil cases, mediation is possible.

Article 46 of the Administrative Litigation Law provides that where a citizen, legal person or other organization directly initiates a lawsuit in a people's court, it shall do so within six months from the date on which it knew or should have known that the administrative act had been taken. Except as otherwise provided by law.

Civil litigation is a litigation between equal subjects; Administrative litigation, as it is usually called, is a lawsuit that deals with disputes between citizens and administrative organs. The main differences are:

1) The application of law is different, the former is the Civil Procedure Law, and the latter is the Administrative Procedure Law. Ridge withering.

2) The time limit for trial is different, the first instance time limit for civil litigation is generally 6 months, while the time limit for administrative litigation is 3 months.

3) The burden of proof is different, civil litigation implements the principle of "whoever asserts shall bear the burden of proof", while in administrative litigation, the administrative organ that made the administrative act must provide evidence to show that its own behavior is correct, otherwise it will bear the risk of losing the lawsuit.

4) Of course, there is also a connection between the two. If there are no provisions in the Administrative Procedure Law, the relevant provisions of the Civil Procedure Law may be applied.

Administrative litigation is caused by administrative disputes, which are disputes between administrative subjects and administrative counterparts in administrative management activities. If it is not a dispute in this process, it is not an administrative dispute, such as a dispute between an administrative agency and a construction company or a ** company due to the purchase of equipment for the construction of a building, it is a civil dispute, and the dispute can only be resolved through civil litigation procedures.

1. The main features of China's Administrative Litigation Law are:

1. It is stipulated that the defendant is a state executive (and its staff). An administrative case is a case in which a party sues a ** organ (and its staff).

2. The dispute it resolves is an administrative dispute between the first party and the opposite party of the administrative management in the course of administrative management activities.

3. The administrative litigation stipulated in it is a lawsuit in which the parties may file a lawsuit against the court (and their staff) as expressly provided by the legal norms.

4. The subject matter disputed by the parties to an administrative lawsuit can only be a specific administrative act of an administrative organ.

5. Mediation is not applicable to administrative litigation.

In China, although administrative litigation started late and developed more tenaciously than civil litigation, the unique status and importance of administrative litigation are becoming increasingly prominent. The parties to the dispute in an administrative lawsuit must be an administrative organ or an organization authorized by laws or regulations, and these organs or organizations have a dispute with the object of management as an administrative subject, and the administrative counterpart is the plaintiff in the lawsuit, that is, what is commonly referred to as "civil sue official" or "private sue public".