Can an administrative lawsuit be filed by sending a lawyer s letter?

Of course, it is not possible to file an administrative complaint in the court of the jurisdiction.

What does the issuance of a lawyer's letter have to do with administrative litigation?

Issuing a lawyer's letter and administrative litigation are two different concepts.

1. The issuance of a lawyer's letter does not need to go through the court.

2. Generally speaking, the functions of a lawyer's letter are:

1. The lawyer's letter is a convenient way to recover the arrears of the entrustment and other creditor's rights. Defaults on payments in business activities occur from time to time, and if they are resolved directly through litigation, it will not only take a long time, but also lose customers. If the severity of the problem is pointed out to the client through a letter from a lawyer, the client will consider resolving the adverse consequences through litigation and will pay the arrears.

2 Before a lawsuit is filed or an arbitration application is filed, a letter from a lawyer can be sent to extend the statute of limitations.

3 A lawyer's letter can clarify the facts and stop the illegal infringement.

A lawyer's letter has the effect of clarifying facts and deterring illegal acts, which is beyond the reach of ordinary commercial letters and civil letters.

4. Use the lawyer's letter to fulfill other legal notification obligations. There are many in this regard, such as the notification of the recognition of the ** behavior of the person without the right to **, the exercise of the right of uneasiness defense, the exercise of the right to perform the defense at the same time, the exercise of the right to defend in the first instance, the exercise of the right to notify the contract of invalidity, the exercise of the right of revocation, etc., all the parties have the right to inform can be completed through the lawyer's letter.

5. Notification of termination of the contract. This is a right conferred on the parties by the Contract Law, and according to the provisions of Articles 93, 94 and 96 of the Contract Law, the other party is informed that the contract will be terminated upon the arrival of the notice. If the other party has objections, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract.

However, where laws and administrative regulations provide that the termination of a contract shall go through formalities such as approval and registration, the termination cannot be notified by a lawyer's letter.

6. Reach an out-of-court settlement agreement. The conciliatory effect of the lawyer's letter is its main purpose.

Legal Analysis: Sending a lawyer's letter does not necessarily lead to prosecution. The lawyer's letter should give notice to the other party or explain the cause to the subject within the appropriate scope according to the client's reasonable request, so that the subject of service can make a decision.

The lawyer's letter only represents the effect of the declaration and does not represent the court's approval. The lawyer's letter must be signed and sealed by the lawyer, and the representative is legally responsible for the letter, if it is not, it will be forged. If you are threatened, intimidated, or suffered, you can report to the public security organs and hold the client and lawyer accountable.

Legal basis: Article 15 of the Civil Procedure Law of the People's Republic of China: Organs, social groups, enterprises, and public institutions may support the injured units or individuals in filing lawsuits in the people's courts for conduct that harms the civil rights and interests of the state, collectives, or individuals.

Legal analysis: A lawyer's letter is the personal behavior of the lawyer who sent the letter, and it is not necessary to send a lawyer's letter before filing a lawsuit. You can send a lawyer's letter first, or you can file a lawsuit directly.

Legal basis: "Civil Procedure Law of the People's Republic of China".

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The entire litigation process of administrative litigation cases: 1. The plaintiff prepares the materials and indictment required for administrative litigation to file a lawsuit in court; 2. The court examines the materials submitted by the plaintiff; 3. The court decides whether to accept the lawsuit, and if it decides to accept it, the case shall be filed in accordance with the law, and the plaintiff shall pay the litigation costs; 4. Date of court arrangement**; 5. The court hears the administrative litigation case; 6. The court pronounces the judgment on the case and issues the judgment within the specified time.

Article 28 of the Lawyers Law: Lawyers may engage in the following operations: (1) Accepting the retention of natural persons, legal persons, or other organizations to serve as legal advisers; (2) Accept the entrustment of the parties to civil or administrative cases, serve as ** persons, and participate in litigation; (3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, accept the retention of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation; (4) Accepting entrustment, ** appeals in various litigation cases; (5) Accepting entrustment and participating in mediation and arbitration activities; (6) Accepting entrustment to provide non-litigation legal investigation services; (7) Answering inquiries about the law, litigation documents and other documents related to legal affairs. Article 30: Where a lawyer serves as a person in litigation legal affairs or a person in non-litigation legal affairs, they shall preserve the lawful rights and interests of the client within the scope of the authority they have been retained.

A lawyer's letter is the personal behavior of the lawyer who sent the letter, and it is not necessary to send a lawyer's letter before filing a lawsuit. A lawyer's letter refers to a professional legal document prepared and sent by a lawyer who accepts the client's entrustment to disclose and evaluate relevant facts or legal issues, and then makes a request to achieve a certain effect. The essence of a lawyer's letter is a legal act of entrusting ** to express intent, which plays an important role in the litigant's protection of his or her legitimate rights and interests.

1. What should I do if Alipay borrows money from others and doesn't pay it back?

If Alipay asks a friend to borrow money and does not pay it back, you can entrust a professional lawyer to send a lawyer's letter to the other party and negotiate and communicate, and conduct investigation and evidence collection while communicating.

If the negotiation fails, a lawsuit will be filed with the court immediately and property preservation will be carried out to ensure the effective realization of the creditor's rights. Whether it is the borrower or the lender, if the funds cause losses, you need to report to the police, please intervene to deal with it, and protect your legitimate rights and interests through judicial channels.

2. Will the lawyer's letter be sent by text message?

Possibly. Because the lawyer's letter is essentially a notice, it is generally a notice to the other party about what should be the ruler.

Generally, it is made in writing, but I personally believe that if it can be proved that the other party has received the text message sent by the lawyer, including the text message that the other party admits to receiving the relevant content, it can play the role of notification, but in reality, if the other party does not approve of the lawyer's letter by text message, it is generally difficult to prove that the other party has received it, that is, it cannot play the role of the lawyer's letter.

3. What should I do if the factory is in arrears?

First of all, you can negotiate to demand, such as **, mail, fax, letter, door-to-door, etc., and retain evidence. Second, if the negotiation fails, a lawyer may be retained to send a lawyer's letter, and evidence may be collected and fixed at the same time. Finally, if sending a lawyer's letter has no effect, then you can go through the litigation procedure and submit the collected evidence to the court for prosecution and filing

For example, the industrial and commercial registration information of the debtor, the legal documents generated by the business contact, and the evidence that the company has performed the contract and demanded the payment, such as contracts, delivery notes, letters, invoices, checks, mailing vouchers, lawyer's letters, reminder letters, etc. At the same time, it is recommended to collect clues about the property of the debtor unit and apply to the court for property preservation for later enforcement.

Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases: (1) major cases involving foreign interests, 2) cases that have a major impact in their jurisdiction, and 3) cases that the Supreme People's Court determines are under the jurisdiction of the Intermediate People's Court.

Article 119:Litigation must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, 2) there is a defendant with a clear background, 3) there are specific litigation claims, facts, and reasons, and 4) it is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.