When citizens, legal persons or other organizations believe that specific administrative actions of administrative agencies infringe upon their legitimate rights and interests, and file a lawsuit with the People's Court, the first question they encounter is which level of People's Court and which People's Court should the lawsuit be filed? . This makes it necessary to clarify how the Administrative Litigation Law stipulates level jurisdiction and geographical jurisdiction.
Level jurisdiction stipulates the authority and division of labor of the people's courts at all levels in accepting administrative cases of first instance. According to the provisions of the Administrative Litigation Law, grassroots people's courts have jurisdiction over administrative cases of first instance. The Intermediate People's Court has jurisdiction over the following administrative cases of first instance:
. Cases confirming invention patent rights, cases dissatisfied with customs decisions; Cases involving litigation; cases that have significant impact or are difficult and complex within the jurisdiction. The higher people's courts of provinces, autonomous regions, and municipalities directly under the Central Government have jurisdiction over major and complex administrative cases of first instance within their respective jurisdictions. The Supreme People's Court has jurisdiction over major and complex administrative cases of first instance nationwide.
After determining which level of people's court should have the jurisdiction of a certain administrative case, it is also necessary to clarify which court should be prosecuted. This is called territorial jurisdiction in the Administrative Litigation Law, which stipulates the division of authority of the people's courts at the same level in accepting administrative cases of first instance. According to the provisions of the Administrative Litigation Law, administrative cases shall, in principle, be under the jurisdiction of the people's court where the specific administrative agency where the case was originally made has jurisdiction. It includes two meanings:
. If a citizen, legal person or other organization is dissatisfied with a specific administrative act and directly files a lawsuit in the people's court, the jurisdiction of the people's court where the administrative agency that made the specific administrative act is located shall have jurisdiction;. Citizens, legal persons or other organizations are dissatisfied with the specific administrative act and apply for reconsideration. After reconsideration, the reconsideration agency upholds the original specific administrative act. If a citizen, legal person or other organization is dissatisfied with the reconsideration decision and files a lawsuit in the People's Court, the jurisdiction of the people's court where the administrative agency that made the original specific administrative act is located shall have jurisdiction. .
Under the following circumstances, citizens, legal persons or other organizations shall follow the special provisions of the Administrative Procedure Law when filing lawsuits. Bring a lawsuit to the people's court with jurisdiction:
. In a case that has been reviewed, if the review authority changes the original specific administrative actions and a citizen, legal person or other organization refuses to accept the lawsuit, the people's court where the review authority is located may have jurisdiction. It may also be under the jurisdiction of the people's court where the administrative agency that originally made the specific administrative act is located. It is up to the plaintiff to choose which court to file the lawsuit in. If the plaintiff files a lawsuit in two people's courts with jurisdiction at the same time, the people's court that first receives the complaint shall have jurisdiction. The review organ's change of the original specific administrative act includes changing the original specific administrative act's understanding of the facts; changing the original specific administrative act's application of laws, regulations or rules, and changing the processing results of the original specific administrative act (including revocation, partial revocation, and change of the original specific administrative act). administrative action).
. If you are dissatisfied with administrative coercive measures that restrict personal freedom and file a lawsuit, such as reeducation through labor, compulsory detention and review, the jurisdiction of the people's court where the defendant is located or where the plaintiff is located is under the jurisdiction of the people's court where the defendant is located. It is up to the plaintiff to choose which court to file the lawsuit. The plaintiff may sue not only to the people's court where the defendant is located, but also to the people's court where he or she is located. The people's court that first receives the complaint shall have jurisdiction. The location of the plaintiff here includes the plaintiff’s registered place of residence, residence and the place where his personal freedom is restricted.
. Administrative litigation arising from real estate shall be filed in the People's Court where the real estate is located. Real estate refers to land and attachments on the land. Generally, cases involving disputes over the ownership or use rights of real estate can only be under the jurisdiction of the people's court where the real estate is located.