Administrative appeal (for citizens to bring administrative proceedings)
Source: Author:
Plaintiff: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Cause of action: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Claim: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Facts and reasons: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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Evidence and its source, name and address of witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I am here to convey
_ _ _ _ _ _ _ People's Court
Prosecutor:
date month year
Attachment: _ _ _ _ copies of this complaint.
Defense words:
Substitution words
The presiding judge and judge:
Shaanxi Hantai Law Firm accepted the entrustment of Shaanxi Hanzhong Xinghan Construction Engineering Co., Ltd., the plaintiff in this case, and appointed me as the plaintiff's agent in the case of Shaanxi Hanzhong Xinghan Construction Engineering Co., Ltd. v. Xixiang County Urban and Rural Planning and Construction Administration. Before the trial, our agent consulted relevant materials and visited relevant units. After careful consideration, we hereby express our agency opinions as follows. The central content of this opinion is:
First, the plaintiff's prosecution met the statutory conditions and did not exceed the time limit for prosecution.
1.On September 6, 2004/kloc-0, the teaching building project of Xixiang No.1 Middle School was opened in Hanzhong Construction Project Contracting and Trading Center. The plaintiff was declared as the winning bidder at 58.7 1 minute on the spot, and the procedures for winning the bid can be completed within three days after the announcement. On September 23, 2004, when the plaintiff asked Xixiang County Bidding Office to issue a letter of acceptance, the defendant informed the plaintiff that the bidding would be suspended due to complaints from other bidders.
On the morning of September 27th, 2004, the plaintiff received the "Xichengfa [2004] No.82" and the "Decision on Administrative Handling" handed over by Xixiang County Bidding Office and made by the defendant. The "Administrative Decision" stated: "Shaanxi Hanzhong Xinghan Construction Engineering Co., Ltd. was disqualified as a candidate for winning the bid, and Hanzhong Construction Engineering Corporation was successively replaced as the winning bidder for the teaching building of Xixiang County No.1 Middle School."
The plaintiff believed that the defendant's decision on disposal had no factual and legal basis, which damaged the plaintiff's legal rights, and filed an administrative lawsuit with Xixiang County People's Court on September 29, 2004.
The agent believes that both the plaintiff and the defendant in this case are qualified as subjects of administrative litigation and belong to the scope of accepting cases in administrative litigation.
Article 65 of the Bidding Law of People's Republic of China (PRC) stipulates: "Bidders and other interested parties have the right to raise objections to the tenderee or complain to the relevant administrative supervision departments according to law if they think that the bidding activities are not in conformity with the relevant provisions of this law."
On May 3, 2000, the General Office of the State Council issued the Notice on the Division of Responsibilities of Relevant Departments in the State Council for Administrative Supervision of Bidding Activities. Article 3 of the State Council [2000] No.34 document stipulates that "the supervision and law enforcement work of the installation works of various buildings and their ancillary facilities, their supporting lines, pipelines and equipment, and the bidding activities of municipal engineering projects shall be undertaken by the construction administrative department".