First, what are the preparations for the lawyer's administrative case before the trial?
1, preliminary examination and arrangement of evidence
2. Collect laws, regulations and judicial interpretations related to the case.
The lawyer in charge shall collect and make full use of the laws, regulations and judicial interpretations related to this case, so as to prevent the case from losing due to the invalidation or low legal effect of the relevant laws and regulations when the laws and regulations conflict, and ensure the accuracy of the application of the laws, regulations and judicial interpretations in the litigation process.
Step 3 draft a complaint
Drafting a complaint should be prepared from the following aspects:
(1) Determine the identity of the defendant and provide relevant evidence to prove the qualification of the parties;
(2) determine the claim;
(3) provide facts and evidence to prove the occurrence, alteration and extinction of civil legal relationship;
(4) according to the civil legal relationship to determine the evidence that the plaintiff has fulfilled the relevant legal obligations;
Second, what are the characteristics of administrative litigation?
(1) Administrative litigation is about administrative cases.
This is the difference between administrative litigation and other litigation in accepting and judging cases. Criminal proceedings solve the problem of the defendant's criminal responsibility; Civil litigation solves civil and commercial disputes, while administrative litigation solves administrative disputes, that is, disputes between administrative organs or organizations authorized by laws and regulations and citizens, legal persons or other organizations in the process of administrative management.
(2) Administrative litigation is a judicial activity conducted by the people's court through trial.
(3) Administrative litigation is an activity to solve administrative disputes by examining the legality of the sued administrative act.
Among them, the administrative act of review is a specific administrative act, and the fundamental purpose of review is to protect the legitimate rights and interests of citizens, legal persons or other organizations from illegal administrative acts. This determines that administrative litigation is different from criminal litigation and civil litigation in the form of trial and judgment. For example, administrative litigation cases can be closed without mediation; The burden of proof to prove the legality of a specific administrative act shall be borne by the defendant; The main forms of administrative litigation judgment are revocation of judgment and maintenance of judgment.
(4) Administrative litigation is an activity to solve administrative disputes within a specific scope.
Administrative litigation cannot solve all kinds of administrative disputes. Some administrative disputes do not belong to the scope of administrative litigation of the people's courts, while criminal and civil litigation are not limited by the scope of administrative litigation. As for administrative disputes that do not belong to administrative litigation, they can only be solved through other relief channels.
(5) The parties in administrative litigation have constancy.
Lawyers are well aware of their preparations before the trial, whether it is administrative litigation or other litigation activities. These pre-trial preparations are also for their own agents. What lawyers do in the whole process can neither violate professional ethics nor violate the national legal system.