1. What are the legal 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.
This is the difference between administrative litigation and other ways and means to solve administrative disputes. In China, there is not only one way to solve administrative disputes, but also administrative reconsideration by administrative reconsideration organs. Administrative litigation is an activity that people's courts use litigation procedures to solve administrative disputes.
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 censorship is a specific administrative act, and the fundamental purpose of censorship is to protect citizens, legal persons or other groups.
The legitimate rights and interests of the organization are not infringed by illegal administrative acts. This determines that administrative litigation is different from criminal litigation and civil litigation in the form of trial and judgment.
4. Administrative litigation is an activity to resolve 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.
2. What rights do the parties to administrative litigation have?
The litigation rights of the parties mainly include:
1. The plaintiff has the right to bring an administrative lawsuit to the people's court, and also has the right to abandon, change and increase the claim in the lawsuit;
2. The defendant has the right to respond to the plaintiff's lawsuit;
3. Apply for the right of withdrawal of judges, clerks and expert witnesses;
4. The right to entrust an agent ad litem to conduct litigation;
5. The right to use the spoken and written languages of one's own nationality in litigation;
6, with the permission of the people's court, have the right to ask questions to witnesses, experts and inspectors;
7. With the permission of the people's court, have the right to consult and copy the trial materials and relevant legal documents of this case, except those involving state secrets or personal privacy;
8. The right to consult and modify the court records;
9. Before the hearing, the plaintiff has the right to withdraw the lawsuit, and the defendant has the right to make a fortune in the specific administrative act he has made;
10, and have the right to apply to the people's court for property preservation measures during the proceedings;
To sum up, if the government acts harm the interests of citizens, they can bring an administrative lawsuit to the court. This kind of litigation is different from civil litigation and has its own characteristics. Administrative litigation is to solve administrative disputes, and its procedure is tried by the court. In administrative litigation, the plaintiff is a unit or individual, and the defendant is a government agency. These are its legal characteristics.