1, entrust an agent to conduct litigation;
2. Apply for withdrawal;
3. Debate;
4. file an appeal;
5. In the lawsuit, the plaintiff may apply to stop the execution of the defendant's specific administrative act;
6. The plaintiff has the right to abandon, increase or change the claim and apply for withdrawal. The defendant has the right to change or cancel the specific administrative act he has made, but has no right to file a counterclaim;
7, can ask questions to witnesses, experts and inspectors;
8. You can consult the trial materials;
9. Have the right to apply to the people's court for evidence or property preservation measures.
Second, what litigation obligations do the parties bear?
L, in the process of litigation, the parties shall abide by the litigation order, obey the command of the court, respect the litigation rights of the other party, and shall not interfere with the litigation.
2. The parties concerned shall consciously perform legally effective judgments, rulings and administrative compensation.
Three, what are the provisions of the case level jurisdiction?
According to the law, the Intermediate People's Court has jurisdiction over the following administrative cases of first instance:
Cases of confirming invention patents and cases handled by the customs;
2. Cases of bringing lawsuits against specific administrative acts of various departments in the State Council or people's governments of provinces, autonomous regions and municipalities directly under the Central Government;
3. Major and complicated cases within the jurisdiction.
Four, what are the provisions on the jurisdiction of the case?
1. Administrative cases shall be under the jurisdiction of the people's court where the administrative organ that initially made the specific administrative act is located. Where the reconsideration organ changes the original specific administrative act, it may also be under the jurisdiction of the people's court where the reconsideration organ is located;
2. Litigation against administrative compulsory measures restricting personal freedom shall be under the jurisdiction of the people's court where the defendant is located or where the plaintiff is located;
3. Administrative litigation brought by real estate shall be under the jurisdiction of the people's court where the real estate is located;
4. In cases where more than two people's courts have jurisdiction, the plaintiff may choose one of them to bring a lawsuit. The plaintiff brings a lawsuit to two or more people's courts with jurisdiction, which shall be under the jurisdiction of the people's court that first received the complaint.
5. What provisions do not belong to the scope of the people's court?
L, national defense, foreign affairs and other state acts;
2 administrative regulations, rules or decisions and orders with universal binding force formulated and issued by administrative organs;
3. Decisions on rewards and punishments, appointment and dismissal of staff of administrative organs;
4, the specific administrative act that the law provides for the final ruling by the administrative organ;
5, public security, national security and other organs in accordance with the criminal procedure law explicitly authorized the implementation of the act;
6. Mediation and arbitration provided by law;
7, there is no mandatory administrative guidance behavior;
8. Refuse to deal with the complaints made by the parties to the administrative act repeatedly;
9. Acts that have no actual impact on the rights and obligations of citizens, legal persons or other organizations.
6. Which party bears the burden of proof?
L in administrative proceedings, the defendant bears the burden of proof for the specific administrative act.
The defendant shall, within 10 days from the date of receiving the copy of the indictment, submit the defense and provide evidence and basis for the specific administrative act; If the defendant fails to provide it or fails to provide it within the time limit without justifiable reasons, it shall be deemed that there is no evidence or basis for the specific administrative act.
2. The plaintiff shall bear the burden of proof for the following matters:
(1) Prove that the prosecution meets the statutory conditions, except that the defendant thinks that the plaintiff's prosecution has exceeded the prosecution time limit;
(2) In the case of prosecuting the defendant for inaction, prove the fact that he applied;
(3) In the administrative compensation lawsuit filed together, prove the fact that the alleged behavior caused losses;
(4) Other matters for which the plaintiff shall bear the burden of proof.
Seven, under what circumstances can the court stop the execution of a specific administrative act?
L, the defendant thinks it is necessary to stop execution;
2. When the plaintiff applied for suspension of execution, the people's court ruled that the execution of the specific administrative act would cause irreparable losses, and the suspension of execution would not harm the public interests.
3. Laws and regulations are suspended.
8. How does the court hear this case?
L, the people's court hearing administrative cases, composed of a collegial panel of judges, or composed of judges and jurors;
2. Mediation does not apply to the trial of administrative cases;
3, after trial, according to different situations, make a judgment;
(1) If the evidence of the specific administrative act is conclusive, the applicable laws and regulations are correct and conform to legal procedures, the judgment shall be upheld.
(2) If a specific administrative act is under any of the following circumstances, the judgment is revoked or partially revoked, and the defendant may be sentenced to make a specific administrative act again:
First, the main evidence is insufficient;
B, the applicable laws and regulations are wrong;
C. violating legal procedures;
D, beyond authority;
E. abuse of power;
(three) if the defendant fails to perform or delays the performance of his statutory duties, he shall be sentenced to perform it within a certain period of time;
(4) If obviously unfair is administratively punished, it can be changed by judgment.
4. In any of the following circumstances, the people's court shall reject the plaintiff's claim:
(1) The reason for suing the defendant for inaction cannot be established;
(2) The specific administrative act of the accused is legal, but there are problems of rationality;
(three) the specific administrative act is legal, but it needs to be changed or revoked because of changes in laws and policies;
(4) Other circumstances in which the judgment should reject the claim.
5. If the people's court considers that the specific administrative act being sued is legal, but it is not appropriate to make a judgment to maintain or reject the claim, it may make a judgment to confirm its legality or validity.
9. How many days is the time limit for filing an appeal?
If a party refuses to accept the judgment of the people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.
If a party refuses to accept the ruling of the people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
X. How does the court of second instance handle the appeal case?
1. If the original judgment finds that the facts are clear and the applicable laws and regulations are correct, the appeal will be dismissed and the original judgment will be upheld;
2, the original judgment found that the facts are clear, but the applicable laws and regulations are wrong, according to the law;
3. If the facts of the original judgment are unclear, the evidence is insufficient or the legal procedure is violated, which may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial, or the judgment shall be revised after the facts are ascertained. The parties may appeal against the judgment or ruling of the retrial case.
XI。 How to stipulate the time limit for hearing administrative cases?
The judgment of first instance shall be made within three months, and the judgment of second instance shall be made within two months. If there are special circumstances that need to be extended, it shall be approved by the people's court at a higher level.
Administrative litigation is stricter than general litigation. When submitting materials, the parties concerned shall seek truth from facts and shall not falsify evidence.