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Legal Analysis: Yes, Administrative Litigation Law is a general term for the legal norms that regulate the rights and obligations of the people's courts, litigants and other litigation participants in administrative litigation. The Administrative Litigation Law is a procedural law for hearing administrative cases, and is the norm that the people's courts must abide by in adjudicating administrative cases and litigation participants in carrying out administrative litigation activities.
China's Administrative Litigation Law has the following two forms: one is the Administrative Litigation Code.
Legal basis: Article 75 of the Administrative Litigation Law of the People's Republic of China mainly contains important principles of the Administrative Litigation Law; the scope, jurisdiction, acceptance, trial, and judgment of administrative cases by the people's courts; participants in administrative litigation; Evidence in administrative proceedings; Execute; Liability for compensation for administrative infringement of Yuan Zheng Quan; Foreign-related administrative litigation, etc. The other is the legal norms of administrative litigation scattered in many specific and single laws and regulations.
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The Administrative Litigation Law and the Administrative Substantive Law are procedural laws that regulate administrative litigation acts and adjust the relationship between administrative litigation and litigation. The administrative entity law is a legal norm that stipulates the rights and obligations of the administrative organ and the entity of the opposite party. Therefore, the content and scope of the provisions are different.
However, there is also a certain connection between the Administrative Litigation Law and the Administrative Substantive Law. The Administrative Litigation Law is an important means to ensure the correct implementation of the substantive law.
Article 1 This Law is formulated in accordance with the Constitution in order to regulate the establishment and implementation of administrative punishments, to ensure and supervise the effective implementation of administrative management by administrative organs, to safeguard public interests and social order, and to protect the lawful rights and interests of citizens, legal persons, or other organizations.
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By making up for the shortcomings of the previous law, it can better safeguard the legitimate rights and interests of Chinese citizens. The perfection of the law means that China is getting stronger and more perfect. As a Chinese citizen, we have the obligation to understand the laws of our country, and we should also see the perfection of our strong first-class laws in China.
Therefore, we should learn more about our laws and avoid breaking the law due to ignorance.
Article 21 of the Administrative Litigation Law.
In cases where two or more Suidong people's courts have jurisdiction, the plaintiff may choose one of the people's courts to file a lawsuit. Where the plaintiff initiates litigation with two or more people's courts with jurisdiction, the people's court that first filed the case has jurisdiction.
Legal Analysis: The Administrative Litigation Law is formulated in accordance with the Constitution to ensure that the people's courts hear administrative cases fairly and in a timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the exercise of authority by administrative organs in accordance with the law. >>>More
Paragraph 3 of article 3 of the new Administrative Litigation Law stipulates that the responsible person of an administrative organ shall appear in court to respond to the lawsuit, and where it is unable to respond to the lawsuit due to special circumstances, the corresponding staff shall also be appointed to appear in court to respond to the lawsuit. The person in charge here refers to the principal position and the deputy position, and the essence of the assignment here should be issued with a written power of attorney, that is, there shall be no situation where there is only a ** lawyer in the future administrative litigation. >>>More
You can refer to the following Administrative Litigation Law case questions and answers: Zhang was beaten and slightly injured on his way off work one day. The public security bureau of a certain county determined that Zhao had committed the crime, and decided to impose an administrative penalty of 15 days of administrative detention on Zhao and compensate Zhang for medical expenses and other losses. >>>More
1. The answer is ACD. The reason is that the court only examines the legality of a specific administrative act, but does not examine its reasonableness. In the administrative reconsideration stage, the legality and rationality of specific administrative acts must be reviewed. >>>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....