What are the three types of cases in China s Administrative Litigation Law that can be applied to me

The Administrative Litigation Law of the People's Republic of China provides that mediation may be applied to the following three types of cases:

1. Administrative compensation;

2. Compensation and the exercise of law by administrative organs;

3. Cases of discretion stipulated by laws and regulations.

The Administrative Litigation Law of the People's Republic of China is a law enacted to regulate and ensure that the people's courts can hear administrative cases fairly and in a timely manner, and is the basis for individuals, legal persons or other organizations to file lawsuits with the courts if they believe that the administrative acts taken by state organs infringe upon their legitimate rights and interests. The Administrative Litigation Law of the People's Republic of China is the norm that courts must comply with in hearing administrative cases and in the litigation activities of plaintiffs, defendants, and persons participating in administrative litigation. It stipulates the legal norms for the court's procedures for hearing administrative cases and the various legal norms for the exercise of rights and obligations by participants in administrative litigation, and is the basis for which the modern state has established an administrative litigation systemLegal basis

The main features of the Administrative Litigation Law of the People's Republic of China are as follows:

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

2. The dispute resolved 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 provided for in it is a lawsuit in which the parties may file a lawsuit against the court against the court and its staff;

4. What is disputed by the parties to the administrative litigation is an administrative act of the administrative organ;

5. Mediation is not applicable to administrative litigation, but cases of administrative compensation, compensation, and the exercise of discretion by administrative organs as provided by laws and regulations may be mediated.

Article 13 of the Administrative Litigation Law of the People's Republic of China: People's courts do not accept lawsuits brought by citizens, legal persons, or other organizations on the following matters:

1) National defense, foreign affairs, and other acts of state;

2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding;

3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff;

4) Administrative acts that are to be adjudicated by the administrative organs as provided for by law. Article 18: The people's court for the location of the administrative organ that first took the administrative act has jurisdiction over administrative cases. Cases that have been reconsidered may also be under the jurisdiction of the people's court for the location of the reconsideration organ.

With the approval of the Supreme People's Court, the High People's Court may, on the basis of the actual circumstances of trial work, designate a number of people's courts to have jurisdiction over administrative cases across administrative regions.

Cases of administrative compensation, compensation, and the exercise of discretion provided by laws and regulations by administrative organs may be mediated.

Article 60 of the Administrative Litigation Law: People's courts hearing administrative cases do not apply mediation. However, cases of administrative compensation, compensation, and the exercise of discretionary powers provided by laws and regulations by administrative organs may be mediated.

Mediation shall follow the principles of voluntariness and legality, and must not harm the national interest, the societal public interest, or the lawful rights and interests of others.

Answer]: a, b, c

Article 60 of the Administrative Litigation Law stipulates that: "Mediation shall not be applied to the people's courts hearing administrative cases. However, cases of administrative compensation, compensation for forest auctions, and the exercise of discretionary powers provided for by laws and regulations by administrative organs may be mediated."

Option A is an administrative expropriation compensation case, option B is an administrative compensation case, and option C is a case at the discretion of Shenshen, so option A, option B, and option C can all be settled through mediation, which is correct. Option D, on the other hand, is a binding administrative act and cannot be mediated.

The administrative organ may negotiate with the plaintiff on the specific amount of compensation, and if the plaintiff agrees that the administrative organ will pay less compensation, the two parties may resolve their compensation dispute through mediation. Incidental civil lawsuits may be mediated. Attached civil litigation to administrative litigation is a special form of administrative litigation, in which the attached civil litigation is no different from ordinary civil litigation, so it can be mediated.

Legal basis: Administrative Litigation Law of the People's Republic of China

Article 44: In administrative cases that fall within the scope of the people's courts, citizens, legal persons, or other organizations may first apply to the administrative organs for reconsideration, and where they are not satisfied with the reconsideration decision, they may then file a lawsuit with the people's courts; You can also file a lawsuit directly with the people's court. Where laws and regulations provide that an application for reconsideration shall be made to an administrative organ first, and a lawsuit shall be filed in the people's court if it is not satisfied with the reconsideration decision, it shall be in accordance with the provisions of the laws and regulations.

Article 45: Where citizens, legal persons, or other organizations are dissatisfied with a 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.

Article 4: 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. 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.

Article 47: Where citizens, legal persons, or other organizations apply to administrative organs to perform legally-prescribed duties to protect their personal rights, property rights, or other lawful rights and interests, and the administrative organs do not perform within two months of receiving the application, citizens, legal persons, or other organizations may file a lawsuit in the people's courts. Where laws and regulations have other provisions on the time limit for administrative organs to perform their duties, follow those provisions. Where citizens, legal persons, or other organizations request that administrative organs perform legally-prescribed duties to protect their personal rights, property rights, or other lawful rights and interests in an emergency, and the administrative organs do not perform them, the time limits provided for in the preceding paragraph are not applicable to initiating litigation.

Article 48: Where citizens, legal persons, or other organizations delay the time limit for initiating litigation due to force majeure or other reasons that are not their own, the time delayed is not counted in the time limit for initiating litigation.