Provisions on the cause of action of administrative cases 202 1

(adopted at the1820th meeting of the Supreme People's Court Judicial Committee on February 7, 2020, and shall come into force on October 7, 20021year).

In order to standardize the administrative filing, trial and execution of the people's courts, correctly apply the law, and uniformly determine the cause of action of administrative cases, according to the provisions of the Administrative Procedure Law of the People's Republic of China and relevant laws and regulations and judicial interpretations, combined with the actual administrative trial work, the cause of action of administrative cases is now stipulated as follows:

First-degree cause of action

administrative act

The second and third causes of action

(1) Administrative punishment

1. Warning

2. Informed criticism

okay

4. Confiscation of illegal income

5. Confiscate illegal property

6. Temporary detention of license documents

7. Revocation of license

8. Reduce the level of qualification

9. Order to close down

10. Ordered to stop production and business.

1 1. Restrict production and business activities.

12. Restrict employment

13 administrative detention

14. No application for administrative license.

15. ordered to dismantle within a time limit.

(2) Administrative compulsory measures

16. restriction of personal freedom

17. Seal up premises, facilities or property

18. Seizure of property

19. Freeze deposits and remittances

20. Freezing funds and securities

2 1. Compulsory isolation and detoxification

22. Lien

23. Take protective restraint measures.

(3) Administrative law enforcement

24. Add fines or late fees.

25. Transfer deposits and remittances

26 auction sites, facilities or property are sealed up or detained.

27. Places, facilities or property that have been sealed up or detained.

28. Remove obstacles

Compensation.

30. perform for the sake of performance

3 1. Forced demolition of houses or facilities

32. Forced removal of objects on the ground

(4) Administrative license

33. Business registration

34. Registration of social organizations

35. Issuing motor vehicle driving licenses

36. Franchise license

37. Construction project planning permission

Building construction permits.

39. Mineral resource license

40. Drug registration license

4 1. Medical Device License

42. Professional qualification license

(5) Administrative expropriation or requisition

43. Expropriation or requisition of houses

44. Land expropriation or requisition

45. Expropriation or requisition of movable property

(6) Administrative registration

46. Registration of house ownership

47. Registration of collective land ownership

48. Registration of forest and tree ownership

49. Mining right registration

50. Registration of land contractual management right

5 1. Construction land use right registration

52. Registration of homestead use right

53. Registration of the right to use sea areas

54. Water conservancy project registration

55. Residence registration

56. easement registration

57. Registration of real estate mortgage

58. Registration of chattel mortgage

59. Pledge registration

60. Registration of motor vehicle ownership

6 1. Registration of ship ownership

62. Household registration

marriage registration

Adoption registration

tax registration

(7) Administrative confirmation

66 basic old-age insurance qualification or treatment identification

67 basic medical insurance qualification or treatment

68 identification of unemployment insurance qualifications or benefits

69. Identification of qualification or treatment of work-related injury insurance

70 maternity insurance qualification or treatment identification

7 1. Determination of minimum living guarantee qualification or treatment

72. Confirm the eligibility for the allocation of affordable housing

73. Issue degree certificates or diplomas.

(8) Administrative payment

74. Payment of pensions

75. Payment of basic pensions

76. Payment of basic medical insurance

77. Payment of unemployment insurance benefits

78. Payment of work-related injury insurance

79. Payment of maternity insurance

80. Pay the minimum living allowance

(9) Administrative commitment

8 1. Cash the bonus

82. Franchise cash

(10) administrative collection and payment

83. Taxation

84. Collection of social support payments

85. Collection of social insurance premiums

86. Collection of sewage treatment fees

87 collection of air defense basement construction fees.

88. Collect compensation fees for soil and water conservation

89. Collect land idle fees

90. Collect land reclamation fees.

9 1. Collection of cultivated land reclamation fee

(eleven) administrative incentives

92. Awarded honorary title

93. Bonus payout

(12) Administrative charges

94. License fee

95. Vehicle tolls

96. Enterprise registration fee

97. Real estate registration fee

98. Ship registration fee

99. Examination fee

(thirteen) government information disclosure

(14) administrative reply

(15) administrative treatment

100. Order the return of illegally occupied land.

10 1. Order the return of the land.

102. Ordered to make corrections

103. Order to take remedial measures

104. ordered to stop construction

105. Order restitution.

106. Order to make it public

107. ordered to recall

108. Ordered to stop production

109. ordered to suspend sales.

1 10. ordered to suspend use.

1 1 1.

1 12. Decided to quit school.

(16) administrative reconsideration

1 13. Decision not to accept the application for administrative reconsideration

1 14. Decision to reject the application for administrative reconsideration

1 15.×× (administrative behavior) and administrative reconsideration

1 16. Administrative reconsideration decision to change the original administrative act

(17) administrative ruling

1 17. The ownership of land, mineral deposits, water, wasteland or tidal flat is confirmed.

1 18. The ownership of woodland, forest and mountain forest has been confirmed.

1 19. Confirm the right to use the sea area.

120. The ownership of grassland has been confirmed.

12 1. The ownership of the water conservancy project has been confirmed.

122. Confirmation of the nature of enterprise assets

(XVIII) Administrative agreements

123. Sign ×× (administrative agreement)

124. Unilateral change of ×× (management agreement)

125. Unilateral dissolution of ×× (administrative agreement)

126. Failure to perform ×× (administrative agreement) according to law.

127. Failure to perform ×× (management agreement) as agreed.

128.×× (administrative agreement) administrative compensation

129.×× (administrative agreement) administrative compensation

130.×× (cancellation of administrative agreement)

13 1. dissolve ×× (administrative agreement)

132. Continue to perform ×× (administrative agreement)

133. Confirm that ×× (administrative agreement) is invalid or valid.

(XIX) Administrative compensation

134. compensation for house expropriation or requisition

135. Compensation for land expropriation or requisition

136. Compensation for expropriation or requisition of movable property

137. Compensation for revocation of administrative license

138. compensation for recovery of state-owned land use rights

139. Compensation for planned changes

140. Resettlement compensation

(20) Administrative compensation

(21) Failing to perform the duties of xx.

(twenty-two) ×× (administrative action) public interest litigation