Administrative Litigation
Administrative litigation refers to the activity in which citizens, legal persons, or other organizations believe that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests, and thus legally initiate litigation with the people's court, which accepts, tries, and makes judgments on the case. In simpler terms, administrative litigation is a lawsuit where 'the people sue the government'.
Core Elements of Administrative Litigation
- Plaintiff and Defendant
The plaintiff is a citizen, legal person, or other organization that believes its legitimate rights and interests have been infringed upon by an administrative action; the defendant is the administrative organ that implemented the administrative action.
- Acceptance Conditions
Administrative litigation must fall within the scope of cases accepted by the people's court and must be filed within the legally stipulated time limit. Generally, this is within 3 months from the date of knowing the specific administrative action; if administrative review has been conducted, it must be filed within 15 days of receiving the review decision.
- Litigation Rights and Obligations
The plaintiff and defendant have equal legal standing in the litigation; both parties enjoy extensive litigation rights, such as entrusting litigation agents, applying for recusal, and reviewing court transcripts.
Purpose and Function of Administrative Litigation
The core of administrative litigation lies in examining the legality of administrative actions. It is an important means for citizens, legal persons, etc., to protect their legitimate rights and interests, and it can also supervise and regulate the law enforcement actions of administrative organs, prompting them to exercise their powers according to the law. Through administrative litigation, the people's court can correctly and promptly try administrative cases, protect the legitimate rights and interests of citizens, legal persons, and other organizations, and maintain and supervise the exercise of power by administrative organs according to the law.
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