Interpretation of the second paragraph of Article 116 of the Administrative Litigation Law

Article 54 of the revised article: People's courts hear administrative cases in public, except where state secrets, personal privacy, and otherwise provided by law.

In cases involving commercial secrets, where the parties apply for a private trial, the trial may be closed.

Article 54 Before the Amendment, the people's courts made the following judgments based on different circumstances after trial:

1) Where the evidence for specific administrative acts is conclusive, the laws and regulations are correctly applied, and the legally-prescribed procedures are complied with, the judgment is upheld.

2) In any of the following circumstances, a judgment is to be made to revoke or partially revoke a specific administrative act, and a judgment may be made for the defendant to take a new specific administrative act:

1.where the primary evidence is insufficient;

2.Applicable laws and regulations are incorrect;

3.violating legal procedures;

4.exceeding the scope of authority;

5.Abuse of power.

Summary. Dear, I have inquired about article 69, paragraph 1, paragraph 2, and article 69 of the judicial interpretation of the Administrative Litigation Law, and in any of the following circumstances, a case has already been filed, a ruling shall be made to reject the lawsuit: (1) it does not comply with the provisions of article 49 of the Administrative Litigation Law; (2) Where the legally-prescribed time limit for initiating litigation has been exceeded and there are no circumstances provided for in article 48 of the Administrative Litigation Law; (3) The defendant is listed incorrectly and refuses to be modified; (4) Failure to follow the provisions of law for legally-designated persons, designated persons, or representatives to carry out litigation conduct; (5) Failing to first apply to an administrative organ for reconsideration in accordance with laws and regulations; (6) Repeated prosecutions; (7) After withdrawing the indictment, there is no legitimate reason for initiating another indictment; (8) The administrative act clearly does not have an actual impact on their lawful rights and interests; (9) The subject matter of the litigation has already been bound by an effective judgment or mediation document; (10) Other situations that do not meet the legally-prescribed requirements for initiating litigation.

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, it shall be tried in accordance with law. Where, after reading the case file, investigating, or questioning the parties, the people's court finds that it is not necessary to conduct a trial, it may make a ruling to reject the lawsuit.

Article 69, paragraph 1, paragraph 2 of the Judicial Interpretation of the Administrative Litigation Law.

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In any of the following circumstances, where a case has already been filed, a ruling shall be made to dismiss the lawsuit: (1) it does not comply with the provisions of article 49 of the Administrative Litigation Law; (2) Where the legally-prescribed time limit for initiating litigation has been exceeded and there are no circumstances provided for in article 48 of the Administrative Litigation Law; (3) The defendant is listed incorrectly and refuses to be modified; (4) Failure to follow the provisions of law for the legally-prescribed person, designated person, or representative to sue for the conduct of the lawsuit; (5) Failing to first apply to an administrative organ for reconsideration in accordance with laws and regulations; (6) Repeated prosecutions; (7) After withdrawing the indictment, there is no legitimate reason for initiating another indictment; (8) The administrative act clearly does not have an actual impact on their lawful rights and interests; (9) The subject matter of the litigation has already been bound by an effective judgment or mediation document; (10) Other situations that do not meet the legally-prescribed requirements for initiating litigation. 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, it shall be tried in accordance with law.

Where, after reading the case file, investigating or questioning the parties, the Huizhou People's Court finds that it is not necessary to conduct a trial, it may make a ruling to reject the lawsuit.

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The scope of cases accepted by citizens, legal persons, or other organizations that are dissatisfied with the administrative acts of organs and organizations with administrative functions and powers, and their staff, and who bring lawsuits in accordance with law. Where citizens, legal persons, or other organizations are dissatisfied with the following conduct and initiate litigation, it is not within the scope of administrative litigation accepted by the people's courts: (1) The conduct provided for in article 12 of the administrative litigation; (2) Conduct carried out by public security, state benches, home security, and other such organs in accordance with the explicit authorization of the Criminal Procedure Law; (3) Acts of mediation and arbitration as prescribed by law; (4) Administrative guidance acts that do not have coercive force; (5) Rejecting the repetitive handling of a party's appeal against an administrative act; (6) Conduct that does not have an actual impact on the rights and obligations of citizens, legal persons, or other organizations.

Article 46 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within six months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law. The people's courts will not accept lawsuits filed over immovable property where more than 20 years have elapsed since the date of the administrative act, and more than 5 years since the date of the administrative act in other cases.

Article 12 of the Administrative Procedure Law of the People's Republic of China Article 12 The people's courts accept the following lawsuits brought by citizens, legal persons or other organizations: (1) Those who refuse 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, or other administrative punishments; (2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property; (C) an application for administrative licensing, the administrative organ refuses or does not respond 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 to confirm 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 legally-prescribed duty to protect personal rights, property rights, or other lawful rights and interests, but the administrative organ refuses to perform or does not respond; (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 found 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 other obligations; (10) Where it is found that an administrative organ has not paid a bereavement pension, minimum subsistence allowance or social insurance benefits in accordance with law; (11) It is believed that the administrative organ does not perform in accordance with the law, fails to perform in accordance with the agreement, or illegally changes or dissolves the ** franchise agreement, land and housing expropriation compensation agreement and other agreements; (12) Where it is found that an administrative organ has violated the lawful rights and interests of others such as personal rights and property rights. In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases in which laws and regulations provide that litigation may be initiated.

Article 13: People's courts are not to accept lawsuits raised by citizens, legal persons, or other organizations on the following matters: (1) State acts such as national defense and foreign affairs; (2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding; (3) Decisions by administrative organs on rewards, punishments, appointments, and removals of administrative organ staff; (4) Administrative acts that are provided for by law to be adjudicated by administrative organs.

Article 13 of the Administrative Litigation Law stipulates that litigation that is not within the scope of the court's acceptance, such as litigation filed by a party regarding national defense, foreign affairs and other state acts; Litigation in respect of administrative regulations, rules, and other documents, decisions, and orders that are generally binding.

Administrative Litigation Law of the People's Republic of China

Article 45.

Where citizens, legal persons, or other organizations are dissatisfied with the decision to dismiss the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. 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 of the expiration of the reconsideration period. Except as otherwise provided by law.

Administrative Litigation Law of the People's Republic of China

Article 46.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law.

Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.

Administrative Litigation Law of the People's Republic of China

Article 45.

Where citizens, legal persons, or other organizations are dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. 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 of the expiration of the reconsideration period. Except as otherwise provided by law.

Administrative Litigation Law of the People's Republic of China

Article 46.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law.

Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.

Summary. For example, taking the identification of illegal construction as an example, whether a house is illegally built depends not only on whether there is a property right certificate, especially in rural areas, where houses do not have a certificate. Comprehensive considerations such as the time of construction, the purpose of construction, and the availability of remedial measures should also be considered.

In rural areas, if the house is the only house of the villagers, it is more necessary to see whether remedial measures can be taken to remedy it, rather than directly determining that it is illegal to build and demolish it, which violates the principle of reasonable administration.

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Article 70, Item 6 of the Administrative Litigation Law stipulates that where an administrative act is clearly improper, it shall be revoked. In other words, if an administrative act taken by an administrative organ is found to be obviously improper, it should be revoked.

For example, taking the identification of illegal construction as an example, whether a house is illegally built depends not only on whether there is a property right certificate, especially in rural areas, where houses do not have a certificate. Comprehensive considerations such as the time of construction, the purpose of construction, and the availability of remedial measures should also be considered. In rural areas, if the house is the only house of the villagers, it is more necessary to see whether remedial measures can be taken to remedy it, rather than directly determining that it is illegal to build and demolish it, which violates the principle of reasonable administration.