What to do if you lose an administrative lawsuit, and what are the consequences of losing an adminis

According to Article 94 of the Administrative Litigation Law, the parties must perform the legally effective judgments, rulings and mediation documents of the people's courts.

Article 95: Where citizens, legal persons, or other organizations refuse to perform on judgments, rulings, or mediation documents, the administrative organs or third parties may apply to the first-instance trial court for compulsory enforcement, or the administrative organs are to enforce them in accordance with law.

Article 96: Where administrative organs refuse to perform on judgments, rulings, or mediation documents, the first-instance trial court may employ the following measures:

1) Notify the bank to transfer the fines that should be returned or the amount that should be paid from the account of the administrative organ;

2) Where performance is not performed within the prescribed time limit, a fine of 50 to 100 RMB is to be imposed on the responsible person of the administrative organ on a daily basis from the date of the expiration of the period;

3) Announce the administrative organ's refusal to perform;

4) Submit a judicial recommendation to the Supervision Organ or to the administrative organ at the level above that administrative organ. The organ accepting the judicial recommendation is to handle it in accordance with relevant provisions, and inform the people's court of the disposition;

5) Where they refuse to perform on judgments, rulings, or mediation documents, and the social impact is vile, the directly responsible managers and other directly responsible personnel of the administrative organ may be detained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Article 97: Where citizens, legal persons, or other organizations do not initiate litigation and do not perform on administrative acts within the legally-prescribed period, the administrative organs may apply to the people's courts for compulsory enforcement, or enforce them in accordance with law.

Article 98: Where administrative acts taken by administrative organs or their staff infringe upon the lawful rights and interests of citizens, legal persons, or other organizations, causing harm, the administrative organ to which the administrative organ or the staff of the administrative organ belongs is responsible for compensation.

After the administrative organ compensates for the losses, it shall order the staff of the administrative organ who was intentional or grossly negligent to bear part or all of the compensation costs.

Where an administrative lawsuit is lost and the parties are dissatisfied with the first-instance judgment, they may appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Relevant provisions: Article 85 of the Administrative Litigation Law: Where a party is dissatisfied with a people's court's first-instance judgment, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where parties are dissatisfied with the people's court's first-instance ruling, they have the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Where an appeal is not raised within the time limit, the people's court's first-instance judgment or ruling takes legal effect.

If the lawsuit is lost, then the administrative decision of ** will be enforced.

1. What are the consequences of losing an administrative lawsuit?

1. The consequences of losing an administrative lawsuit are as follows:

1) State liability for compensation, administrative organs and their staff members who violate the law and cause damage to the administrative counterpart's personal or property rights and interests, shall bear administrative liability for compensation;

2) The responsible person shall recover the responsibility for economic recovery, and after the administrative organ compensates, it shall also recover all or part of the compensation costs from the staff at fault;

3) administrative fault responsibility, resulting in administrative fault liability, undertaker, reviewer, approver, leadership team must bear the corresponding criticism and education, ordered to make a written inspection, notice of criticism, transfer from work, dismissal, ordered resignation, dismissal, punishment and other administrative fault responsibility;

4) the impact on units and leading cadres, administrative reconsideration, administrative litigation into the administrative performance appraisal system according to law, in the administrative litigation lost, will affect the administrative performance appraisal of administrative organs;

5) Criminal liability, if the person responsible for administrative compensation constitutes a crime, he shall be investigated for criminal responsibility in accordance with law.

2. Legal basis: Article 4 of the State Compensation Law of the People's Republic of China.

1) Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;

2) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

3. Illegal expropriation or requisition of property;

4) Other illegal acts that cause damage to property.

2. What is the process of administrative litigation?

1. Prosecution. Administrative litigation is where the parties do not file a lawsuit, and the people's court cannot take the initiative to accept it;

2. Acceptance. Where upon review the people's model court finds that the requirements for initiating litigation are met, it shall file and accept the case within 7 days. Where upon review the requirements for initiating litigation are not met, a ruling is to be made to not accept it within the legally-prescribed time period. After the people's court has reviewed and accepted the case, it will enter the first-instance trial procedure.

Legal analysis: The consequence of losing an administrative lawsuit is that the losing party needs to perform the court judgment.

After losing an administrative lawsuit, the losing party needs to bear or accept the responsibility for enforcing the specific administrative penalty decision made by the administrative organ. Where the plaintiff does not appeal within the prescribed time limit for appealing after losing, and refuses to enforce the specific administrative punishment imposed by the administrative organ, the organ that made the administrative punishment decision may apply to the penalized person for compulsory enforcement.

Legal basis: Article 22 of the Measures of the People's Republic of China for the Payment of Litigation Fees: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of the people's court to pay the litigation fees; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed. The case acceptance fee for an appeal case is to be paid in advance when the appellant submits the appeal petition to the people's court.

If both parties file an appeal, they shall be submitted separately. Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days. The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court.

Where a party fails to pay litigation fees within the time limit and fails to submit an application for judicial assistance, or where the application for judicial assistance is not approved and the litigation fees are not paid within the time limit designated by the people's court, the people's court is to handle it in accordance with relevant provisions.

The losing party is required to comply with the court's judgment and bear the corresponding litigation costs. The Administrative Litigation Law stipulates that the parties must perform the judgments, rulings and mediation documents of the people's courts that have the legal effect of Changyushou.

The consequence of losing an administrative lawsuit is that the losing party needs to comply with the court judgment and bear the corresponding litigation costs.

Administrative litigation refers to activities in which citizens, legal persons, or other organizations believe that an administrative organ's administrative act infringes upon their lawful rights and interests, and initiate a lawsuit with the people's court, and the people's court accepts and hears it in accordance with law. In short, administrative litigation is the activity of the people's court to apply judicial procedures to resolve administrative disputes.

Scope of administrative litigation:

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, etc.;

2. Refusing to accept compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property;

3. When applying for an administrative license, the administrative organ refuses or does not reply 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 on confirming 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 statutory duty to protect personal rights, property rights, or other lawful rights and interests, but the administrative organ refuses to perform or does not reply;

7. Where it is found that an administrative organ has infringed upon its operational autonomy or the right to contract and operate rural land, or the right to operate rural land;

8. Where it is considered 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 obligations;

10. Where it is found that the administrative organ has not paid the bereavement pension, minimum subsistence allowance or social insurance benefits in accordance with the law;

11. It is considered that the administrative organ does not perform in accordance with the law, fails to perform in accordance with the agreement, or illegally changes or terminates the agreement on the concession of the first group brother and the compensation agreement for land and housing expropriation;

Laws and Regulations

Administrative Litigation Law of the People's Republic of China

Article 82.

People's courts hearing the following first-instance administrative cases may apply the summary procedures where they find that the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large: (1) The administrative act being sued was made on the spot in accordance with law; (2) The case involves an amount of less than 2,000 RMB; (3) It is a ** information disclosure case. In first-instance administrative cases other than those provided for in the preceding paragraph, where the parties agree to apply the simplified procedures, the simplified procedures may be applied.

The summary procedures are not to be applied to cases remanded for retrial or retried in accordance with the trial supervision procedures.