Administrative Litigation
Administrative litigation refers to litigation initiated by citizens, legal persons or other organizations against the acts of state organs or their functionaries that violate the law, in order to protect their lawful rights and interests. Administrative litigation is mainly divided into administrative lawsuits, administrative reconsideration and administrative appeal cases.
Administrative lawsuit refers to the lawsuit usually initiated by citizens, legal persons or other organizations over illegal acts as mentioned below that are caused to them by state organs or their functionaries:
(1)Refusal to perform the statutory functions
(2)Acts beyond the scope of authority
(3)Discretionary abuse of power
(4)Violation of administrative agreement
(5)Violation of procedures for handling matters
Administrative reconsideration refers to the process of improvement, amendment or revocation of administrative acts by virtue of the power of reconsideration, in light of different situations of citizens, legal persons or other organizations that have invoked the administrative appeal system, e.g. being discontent about the administrative acts of government authorities.
Administrative appeal is a new mechanism established by the government authorities in recent years. It takes effect where the relevant citizens, legal persons or other organizations in the related cases put forward appeals against the administrative acts of state organs or their functionaries. The appellants who are directly implicated in the administrative acts may apply to the administrative organ responsible for the acts.
In general, administrative litigation should focus on the illegality, irrationality or discrepancy of the administrative acts be sued against. In the event that the plaintiffs cannot demonstrate the acts are illegal and prove the reasons why they initiate the case, then they may lose the case. When the case involves multiple and complicated issues, those cases must be carefully studied by the plaintiffs before the litigation.
The plaintiff of administrative litigation needs to pay court fees before filing the case to the court. The fees are dealt with in accordance with the Civil Procedure Law of the Peoples Republic of China, and depend on the value of the case, the complexity of the case and salary amount of the plaintiff, to name a few.
Administrative litigation protects citizens, legal persons and other organizations against illegal administrative acts of government authorities and protects their legal rights and interests. Therefore, when pursuing a legitimate claim, citizens, legal persons and other organizations may take filing and initiating administrative litigation in to consideration.
【Administrative Litigation】
