Administrative litigation lawyer

Legal analysis: In China, administrative cases are another special case type different from civil cases and criminal cases. Because the subject involved in an administrative case is an administrative organ, the status of the two parties involved is not equal to some extent. Although the law clearly stipulates that both parties involved are equal, the administrative counterpart is still in a weak position because of the administrative position of the administrative organ. This also brings great challenges to administrative litigation lawyers.

Recently, several provinces held a press conference to announce the judicial review report of administrative cases in 20 19. As can be seen from the report, the types of cases are mainly concentrated in urban and rural construction, land and resources, public security, labor and social security, accounting for nearly half of the total administrative cases. The report released by Guizhou Province shows that such cases have even accounted for 7 1.22% of the total.

Legal basis: Article 45 of the Administrative Procedure Law of the People's Republic of China. If a citizen, legal person or other organization refuses to accept the reconsideration decision, it may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court within 15 days after the expiration of the reconsideration period. Except as otherwise provided by law.

Article 46 of the Administrative Procedure Law of the People's Republic of China, if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law.

The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.