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For legal persons or other organizations to initiate administrative lawsuits).
Legal representative (or representative):
Position: Telephone:
Nature of enterprise: Industrial and commercial registration approval number:
Scope and mode of business
Bank:
Cause of action: Claim:
Facts & Reasons:
Sincerely, the People's Court.
Prosecutor: YYYYYYYYYYYYYYYYYYYYYYY
Attached: A copy of this complaint.
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A lawyer can be appointed to write on your behalf.
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1. Format of administrative litigation complaint: (1) Title. Indicate the administrative complaint.
2) Part I. The circumstances of the plaintiff and the defendant must be stated separately. The plaintiff shall indicate his name, gender, age, ethnicity, place of origin, address, and so forth.
Due to the scope of the people's court's jurisdiction to accept administrative litigation, the defendant column shall indicate the full name, address, and name and position of the legally-designated representative or responsible person of the organ or organization that is being sued. (3) Text. The main body is the core content of the administrative prosecution, including the litigation claim, facts and reasons, evidence and evidence**, and the name and address of witnesses.
1. Litigation claims. The claim is the first content of the text, that is, the problem and purpose to be resolved by the plaintiff in filing an administrative lawsuit. According to the characteristics of administrative cases, the litigation claims raised by the plaintiff mainly include:
partial or total revocation of the penalty decision; change the penalty decision; Compensation for damages. Litigation claims should be clear and specific. The plaintiff may make appropriate demands in accordance with law based on the nature of the defendant's specific administrative act and the extent to which its own rights and interests have been harmed.
II. Facts and Reasons. This part should clearly state the factual basis of the claim and.
Administrative Litigation Law
Article 26: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, the administrative organ that took the administrative act is the defendant.
In cases that have been reconsidered, where the reconsideration organ decides to uphold the original administrative act, the administrative organ that took the original administrative act and the reconsideration organ are joint defendants; Where the reconsideration organ changes the original administrative act, the reconsideration organ is in the defendant's hall.
Where the reconsideration organ does not make a reconsideration decision within the legally-prescribed time limit, and citizens, legal persons, or other organizations sue the original administrative act, the administrative organ that took the original administrative act is the defendant; Where the reconsideration organ is sued for inaction, the reconsideration organ is the defendant.
Where two or more administrative organs take the same administrative act, the administrative organ that jointly took the administrative act is a joint defendant.
For an administrative act taken by an organization entrusted by an administrative organ, the entrusting administrative organ is the defendant.
Where an administrative organ is revoked or its authority is changed, the administrative organ that continues to exercise its authority is the defendant.
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How to write the political complaint is mainly divided into 6 parts, the first part is that the plaintiff should include personal information such as name, gender, ethnicity, age, etc., the second part is the defendant's name, address, name and position of the legal representative, and the third part is the cause of action
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Administrative litigation refers to a system in which citizens, legal persons, or other organizations believe that the specific administrative acts of the organs and organizations exercising state administrative power and their staffs have infringed upon 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, examines the sedan chair and makes a judgment on the specific administrative act being sued in accordance with the law, so as to resolve the administrative dispute.
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The People's Fama Mountain Hospital.
Administrative rulings.
dismissal of the lawsuit).
The plaintiff ......(Specify the basic information such as the name or title).
The defendant ......(Specify the name and address of the administrative organ).
The third person ......(Specify the basic information such as the name or title).
The list of items and basic information of the parties and other litigation participants is written in the same way as the style of the first-instance administrative judgment.
Same. Plaintiff not only limb clothing Name of administrative organ) year, month and day.
No. 1 penalty decision (reconsideration decision or other specific administrative act), and file a lawsuit with this court. Accepted by this court.
Later, a collegial panel was formed in accordance with the law, and the case was heard in public (or privately)**.
Briefly describe the cause of the plaintiff's lawsuit).
This court is of the opinion ,......Specify the grounds for dismissal of the complaint). In accordance with ......(specify the items of the legal clauses cited) and rule as follows:
The plaintiff's lawsuit was dismissed.
Write down the burden of litigation costs. If you are not satisfied with this ruling, you may file an appeal with this court within 10 days from the date of service of the ruling, and press the other party.
The number of parties is late in taking out a copy and appealing to the people's court.
Presiding Judge
Judges
Judges
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The first content of the text of the lawsuit is the right point, that is, the problem and purpose to be resolved by the plaintiff in filing an administrative lawsuit. II. Facts and Reasons. This part should clearly state the factual basis of the claim and.
Administrative Litigation Law
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The administrative complaint shall contain: detailed information such as the names, titles, and addresses of both the original defendant and the defendant, the cause of action, the litigation claim, and the facts and evidence that can support the litigation claim, and a list of evidence, and finally indicate the date of the indictment.
Legal basis] Article 50 of the Administrative Litigation Law of the People's Republic of China.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Where it is truly difficult to write a complaint, a lawsuit may be filed orally, and the Songhu Court of the People's Department shall record it in the record, issue a dated written evidence of the complaint, and inform the other party.
Article 51.
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 whether the requirements for initiating litigation as provided for in this Law are met on the spot, the indictment shall be received, a written certificate indicating the date of receipt shall be issued, 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.
Where the plaintiff is not satisfied with the ruling, he may file an appeal.
Analysis of the Law of Disturbance of the Silver: Plaintiff: >>>More
It's best to find a lawyer to write and instruct.
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. >>>More
Article 38: Where citizens, legal persons, or other organizations apply to an administrative organ for reconsideration, the reconsideration organ shall make a decision within two months of receiving the application, except as otherwise provided by laws and regulations. If the applicant is not satisfied with the reconsideration decision, he may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision, and if the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days from the date of the expiration of the reconsideration period. Except as otherwise provided by law. >>>More
Studying theories well is the basis for studying administrative law well, grasp the key legal provisions, focus on grasping the "Administrative Litigation Law", "Administrative Reconsideration Law", and "State Compensation Law", listen carefully to lectures, and take good notes. Here are some of my experiences and I hope it can help you....