Administrative litigation has the following characteristics: first, the plaintiff is a citizen, legal person or other organization, that is, the administrative counterpart, that is, the owner or organization managed by the administrative organ. Usually, the plaintiff can only be the object of specific administrative actions made by administrative organs and their staff. For example, if A is detained by the Public Security Bureau, A can act as a plaintiff and bring an administrative lawsuit against the administrative detention of the Public Security Bureau.
Second, the defendant is a state administrative organ or an organization authorized by laws and regulations that has undertaken a specific administrative act. The former refers to the people's governments at all levels in China and their working departments; The latter refers to non-governmental organizations that do not belong to the state administrative organs and have no administrative power, but enjoy certain administrative power because of the special authorization of a certain law or regulation. For example, health and epidemic prevention stations, because of the special authorization of the Food Hygiene Law, enjoy law enforcement and punishment in food hygiene. Although it is not an administrative organ, it can also be a defendant.
Third, the object of administrative litigation is specific administrative behavior, not abstract administrative behavior, that is, it is not the behavior of administrative organs to formulate universal codes of conduct. A specific administrative act refers to a unilateral act made by a state administrative organ and its staff, an organization authorized by laws and regulations, an organization or an individual entrusted by an administrative organ to exercise administrative functions, against a specific citizen, legal person or other organization, and on specific specific matters involving the rights and obligations of the citizen, legal person or other organization. In the practice of administrative law enforcement, specific administrative acts can be expressed as written decisions or acts. Behavior includes action and omission, and omission refers to the negative behavior of administrative organs that fail to perform their statutory duties.
Fourth, it must be an administrative dispute case that can be brought to the people's court according to laws and regulations, that is, it belongs to the scope of the people's court.
Fifth, a lawsuit must be brought to the people's court with jurisdiction within the time limit prescribed by laws and regulations, that is, it does not exceed the time limit for prosecution and belongs to the jurisdiction of the sued people's court.
The essence of this problem is the scope of accepting cases in administrative litigation. Its purpose is to clarify which specific administrative acts of administrative organs should be subject to judicial review by the people's courts according to law. According to the relevant laws and regulations, the people's court accepts administrative litigation brought by citizens, legal persons or other organizations against the following specific administrative acts:
1. Refuses to accept administrative punishments such as detention, fine, revocation of permits and licenses, order to stop production and business, confiscation of property, etc. Administrative punishment is a disciplinary action taken by administrative organs and organizations authorized by laws and regulations against citizens, legal persons or other organizations that violate laws, regulations and rules. In addition to the above, it also includes notification, warning, cancellation of honorary title, destruction of food prohibited from production and operation, recovery and confiscation of illegal income, confiscation of prohibited items, ordering unqualified products to stop selling, rectification within a time limit, dismantling within a time limit, leaving the country within a time limit or deportation.
2. Dissatisfied with administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property. Administrative compulsory measures refer to compulsory measures taken by administrative organs to restrict citizens' personal freedom or property of citizens, legal persons and other organizations in order to maintain a certain state. China's compulsory property measures include seizure, seizure, freezing, sale and auction of property. Compulsory measures to restrict personal freedom include detention review, reeducation through labor, women's reeducation, shelter education, compulsory detoxification, compulsory repatriation, compulsory restraint, compulsory evacuation from the scene, compulsory isolation treatment and detention.
3. The administrative organ violates the autonomy of operation as stipulated by law. Business autonomy is a basic right enjoyed by economic activity subjects according to law, including the right to own and use property, the right to control income and the right to dispose of assets. Business autonomy is not subject to illegal interference. The most common situations in which administrative organs interfere with the autonomy of enterprises are: transferring the assets legally occupied by enterprises to other enterprises without compensation; Obstruct the normal exercise of contractual management rights and lease management rights; Making plans out of order and illegally interfering with the normal production and business activities of enterprises; Do not act according to regulations, and send people to check enterprise activities casually; Prohibit or force enterprises under their jurisdiction to unite with enterprises in other regions and departments.
4. The administrative organ refuses to issue or reply to the license application and the license issued that meet the statutory conditions. The issuance of permits and licenses by administrative organs is a specific administrative act that allows applicants to engage in certain activities at the request of citizens, legal persons or other organizations. Citizens, legal persons or other organizations applying for issuing permits and licenses must meet the following statutory conditions: the administrative organ applying must be an administrative organ with the right to issue permits as stipulated by laws, regulations and rules; The applicant must apply for permission within the scope of legal permission; The applicant must have the corresponding ability; The application must meet the statutory formal requirements; Other statutory conditions, such as quota restrictions. The administrative competent authority shall carefully examine the applicant's application for permission, approve it if it meets the statutory conditions, and issue permits and licenses. If a citizen, a legal person or any other organization considers that it meets the statutory requirements and applies to the administrative competent authority for the issuance of a license or license, but the administrative competent authority explicitly refuses to issue it, or if it neither refuses nor is uncertain within the statutory time limit, the applicant may bring an administrative lawsuit according to law.
5. The administrative organ refuses to perform its statutory duty of protecting personal rights and property rights or refuses to reply. The statutory duties of administrative organs are not only the statutory powers of administrative organs, but also the statutory obligations of administrative organs. For administrative organs that have the statutory duty to protect personal rights and property rights, they must perform their duties in a timely manner according to law when they meet the statutory conditions for performing their statutory duties. Otherwise, it will constitute administrative dereliction of duty. It should be pointed out that the duties of administrative organs are stipulated by laws, regulations or rules. Different administrative organs have different responsibilities, and not all administrative organs have the responsibility to protect personal rights and property rights. If the protection request of the administrative organ that is not responsible for protecting personal rights and property rights is rejected, no administrative lawsuit can be brought.
6. The administrative organ fails to issue pension according to law. Pension is the cost paid to citizens or their families to maintain their daily lives when they are disabled or die on duty. The pension referred to in this item must have two characteristics:
First, pensions must be stipulated by laws and regulations. If there are no provisions in laws and regulations, the administrative organ's request for granting pensions shall be rejected, and administrative proceedings shall not be brought.
Second, the pension must be granted by the administrative organ according to laws and regulations. If an enterprise or institution fails to pay the pension that should be paid by the enterprise or institution according to law, it cannot bring an administrative lawsuit.
7 that the administrative organ is required to perform its obligations in violation of the law. What obligations citizens, legal persons or other organizations should undertake are clearly stipulated by laws, regulations and rules. An administrative organ must have a clear legal basis for requiring citizens, legal persons or other organizations to perform their obligations. If an administrative organ imposes obligations on a citizen, legal person or other organization in violation of the law, the citizen, legal person or other organization may bring an administrative lawsuit. It should be pointed out that the illegal request of an administrative organ to perform obligations refers to the illegal request of citizens, legal persons or other organizations to perform obligations when the administrative organ exercises administrative power, including arbitrary apportionment, arbitrary charges and arbitrary fines. If the administrative organ does not use administrative power, but asks for "sponsorship" from citizens, legal persons or other organizations, it cannot bring an administrative lawsuit.
8. Those who think that the administrative organ has violated their personal rights and property rights. As long as the personal rights and property rights of citizens, legal persons or other organizations are violated by specific administrative acts made by administrative organs and their staff, they can bring administrative proceedings. Personal rights here refer to rights without direct property content, including life and health rights, name rights, name rights, portrait rights, reputation rights, honor rights, marital autonomy and so on. Property right refers to the right with economic benefits, including property right, creditor's right, copyright, patent right, trademark right, inheritance right and so on. It should be pointed out that if the off-duty behavior of administrative organs and their staff, such as civil tort, infringes on the personal rights and property rights of citizens, legal persons or other organizations, administrative litigation cannot be brought, and it can only be solved through civil litigation or other means.
9. Other administrative cases that can be filed according to laws and regulations. Before the promulgation and implementation of the Administrative Procedure Law, other specific laws and regulations stipulated that administrative cases could be prosecuted, but the Administrative Procedure Law did not stipulate that administrative cases could still be prosecuted by the parties. In the process of implementing the administrative procedure law, other specific laws and regulations can still make specific provisions on administrative cases accepted by the people's courts, thus expanding the scope of accepting cases in administrative litigation.
The people's courts do not accept administrative proceedings brought against the following matters: First, acts of state such as national defense and diplomacy. State acts are carried out in the name of the country, and do not involve the acts of specific people or organizations in national defense and diplomacy, such as wars, military exercises, establishing diplomatic relations with foreign countries and concluding treaties. Second, universally binding administrative regulations, rules or decisions and orders formulated and issued by administrative organs. Third, the administrative organ decides the rewards and punishments, appointment and removal of the staff of the administrative organ. The fourth is the specific administrative act finally decided by the administrative organ according to law.