Legal basis: Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China.
Article 1 If a legal person or any other organization refuses to accept the administrative act of an administrative organ or its staff and brings a lawsuit according to law, it belongs to the scope of administrative litigation of the people's court.
The following acts do not belong to the scope of administrative litigation of the people's court:
(1) Acts carried out by public security, national security and other organs according to the explicit authorization of the Criminal Procedure Law;
(2) Mediation and arbitration as provided by law;
(3) administrative guidance;
(four) to reject the repeated complaints of the parties to the administrative act;
(five) acts made by administrative organs that do not produce foreign legal effects;
(six) the process of preparation, demonstration, investigation, report and consultation of administrative acts made by administrative organs;
(seven) the execution behavior made by the administrative organ according to the effective judgment of the people's court and the notice of assistance in execution, except that the administrative organ expands the scope of execution or adopts illegal means;
(eight) the behavior of the higher administrative organ to listen to the report, inspect the law enforcement and urge the lower administrative organ to perform its duties based on the internal hierarchical supervision relationship;
(nine) opinions made by administrative organs on the registration, acceptance, assignment, transfer, review and review of letters and visits;
(10) Acts that have no actual impact on the rights and obligations of citizens, legal persons or other organizations.
Article 2 The acts of the state stipulated in Item 1 of Article 13 of the Administrative Procedure Law refer to the acts related to national defense and diplomacy carried out in the name of the state by the State Council, the Central Military Commission (CMC), the Ministry of National Defense and the Ministry of Foreign Affairs under the authorization of the Constitution and laws, and the acts of state organs authorized by the Constitution and laws to declare a state of emergency.
The "universally binding decisions and orders" stipulated in the second paragraph of Article 13 of the Administrative Procedure Law refer to the normative documents that can be repeatedly applied by administrative organs to unspecified objects.
The "decision on rewards and punishments, appointment and dismissal of staff of administrative organs" stipulated in the third paragraph of Article 13 of the Administrative Procedure Law refers to the decision made by administrative organs involving the rights and obligations of civil servants of administrative organs.
The "law" in the "administrative act that the law provides for the final ruling by the administrative organ" stipulated in Item 4 of Article 13 of the Administrative Procedure Law refers to the normative documents formulated and adopted by the National People's Congress and its Standing Committee.