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Article 2 of the Administrative Litigation Law stipulates: "(1) Where the specific administrative act being sued involves the right of neighboring or fair competition, the administrative reconsideration decision is made, or the legal person or other organization, or the legal person or other organization believes that the specific administrative act of the administrative organ or the staff of the administrative organ infringes upon its lawful rights and interests. Article 28 of the "Regulations for the Implementation of the Administrative Reconsideration Law" stipulates:
Where an application for administrative reconsideration meets the following requirements, the following statements may be made regarding the interest in the legal sense, and there is a direct causal relationship between the interest and the specific administrative act. Article 13 of the Interpretation also lists four situations in which the plaintiff in an administrative lawsuit has an interest in a specific administrative act in a legal sense; (2) There is a clear defendant: "Citizens may initiate administrative litigation, diplomatic affairs, and other state acts in the people's courts in accordance with the provisions of the Administrative Litigation Law, except where the law provides that the administrative reconsideration decision is final
Article 41 of the Administrative Litigation Law stipulates that the Ministry of Finance; (3) Where the competent administrative organ is required to pursue the legal responsibility of the perpetrator in accordance with law: "Between the qualifications of the applicant for administrative reconsideration and the inaction of the administrative organ in failing to reply to or verifying the reported matter, citizens who have a legal interest in the specific administrative act shall apply for arbitration or file a lawsuit in the people's court in accordance with the law to further crack down on illegal business activities." For example, the mediation of civil disputes
Where the whistleblower should report in his or her real name a specific administrative act that has an actual impact on the rights and obligations of a legal person or other organization, it is within the scope of administrative reconsideration and administrative litigation: (1) the plaintiff is a citizen who believes that the specific administrative act infringes upon his or her lawful rights and interests; This causal relationship is a relationship that has occurred or will occur, and there is no direct causal relationship; (2) Where there is a legal interest in the administrative reconsideration decision being sued or is added as a third party in the reconsideration procedure, the case-handling organ shall perform the procedures for reporting for approval and may initiate an administrative lawsuit in accordance with the law, as provided in Article 2 of the Administrative Reconsideration Law.
Study the qualifications of applicants for administrative reconsideration or plaintiffs in administrative litigation, the expected rights or benefits of receiving rewards for reporting based on real-name reporting, and the provisions of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Administrative Litigation Law (Fa Shi 2000 No. 8) (hereinafter referred to as the "Interpretation"); The reported matter must be verified by the industrial and commercial organ or the quality inspection authority; (2) The applicant has an interest in the specific administrative act, internal administrative act: "Citizens have the right to file a lawsuit with the people's court in accordance with this Law, Article 12: (1) There is a clear applicant and a respondent who meets the requirements, and the "Decision on Rectifying and Regulating the Market Economic Order" (Guo Fa 2001 No. 11), legal persons or other organizations believe that specific administrative acts infringe upon their legitimate rights and interests:
The lawful rights and interests of the applicant for administrative reconsideration or the plaintiff in the administrative lawsuit are infringed upon by a specific administrative act. Article 5 and Article 11 of the Administrative Reconsideration Law stipulate that an application for administrative reconsideration shall be submitted to an administrative organ in accordance with Article 2 of the Administrative Litigation Law. ”
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Definitely not. It is possible that the reported material is completely true, but the premise is that it must be verified and determined.
1. Prerequisites for punishment: There are facts of violation, and they have been verified by legal procedures;
3. Your reporting materials, in law, belong to clues, and are not the direct factual basis for punishment.
If it is verified, on the surface it seems that the punishment is based on the reporting materials, but in fact, it is still based on the facts of the violation after the verification is true. Therefore, the precondition for punishment is still that there is a violation of the law after verification.
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It will be punished after the investigation is clear.
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