On the provisions of the scope of accepting cases in administrative litigation

In December 22, the Supreme People's Court issued the Interim Provisions on the Cause of Action of Administrative Cases. That is to say, what circumstances can be listed as the cause of action of administrative litigation, which further and more clearly defines the scope involved. The Supreme People's Court issued the Interim Provisions on the Cause of Action of Administrative Cases, which made relevant provisions for the people's courts to further standardize the cause of action of administrative cases in administrative filing, trial and execution, and issued a notice on the accurate application of the Interim Provisions on the Cause of Action. First, administrative punishment, including 15 administrative punishments, such as warning, informed criticism, employment restriction and administrative detention, can be brought to administrative proceedings. Of course, it is not limited to these. Second, administrative coercive measures, including restricting personal freedom, sealing up, freezing, etc., are administrative coercive measures, which can also bring administrative proceedings. Third, administrative enforcement, including transferring deposits, removing obstacles, restoring the original state to be performed, etc. If the administrative organ refuses to accept the enforcement process, it may also file an administrative lawsuit. Fourth, administrative licensing. There are many kinds of administrative licenses, such as registration, business license, land use license for engineering planning, mineral resources license, drug license, medical license, professional license, etc. Those who refuse to accept it can bring an administrative lawsuit. Fifth, administrative expropriation or requisition. Any person who refuses to accept the administrative expropriation or requisition, including the expropriation or requisition of houses, land or other movable property, may bring an administrative lawsuit. Sixth, administrative registration, including housing registration, collective land registration, forest registration, mineral registration, homestead use right registration, sea area registration, water conservancy project registration, residence right registration, geographical right registration, etc., including mortgage registration, etc., can bring administrative proceedings. Seventh, administrative confirmation. Administrative confirmation includes the confirmation of various insurance benefits for the elderly, and some affordable housing, including the allocation of qualifications, the issuance of degrees and graduation certificates, which are all administrative confirmation lawsuits. If you are not satisfied, you can bring an administrative lawsuit. ? Eighth, administrative payment. Administrative payment includes pension payment, insurance payment, work-related injury and maternity insurance, etc. If these payments are considered unsatisfactory, administrative proceedings can also be brought. Ninth, administrative promise. Administrative promise is a relatively new form, including cashing in bonuses, including cashing in new preferential policies, which are all administrative promises. If the administrative counterpart refuses to accept it, he may bring an administrative lawsuit. Tenth, administrative collection and payment. Originally called administrative collection, in fact, it is really two concepts with the real collection in our traditional administrative law, so this time the Supreme Court has made clear the administrative collection. The so-called collection of taxes and fees, maintenance funds, social maintenance funds, sewage treatment fees, etc., are all called administrative collection, not administrative collection or administrative expropriation, and this time its connotation and scope are clarified. If you think that these people are not satisfied, you can also bring an administrative lawsuit. Eleventh, administrative rewards. This is also relatively novel. Maybe many people think that administrative awards can still bring administrative lawsuits? Of course, it can also be awarded honorary titles or some bonuses. Administrative awards can bring administrative proceedings. Twelfth, administrative fees, including license fees, vehicle tolls, enterprise registration fees, real estate registration and so on. If you think that you are dissatisfied with the administrative fees, you can also file an administrative lawsuit separately. There is still a difference between administrative fees and administrative collection. Administrative collection and payment generally refers to related taxes. Administrative charges are generally fees. Thirteenth, government information disclosure. You may have more contact with this. The main basis for the disclosure of government information is the Regulations on the Disclosure of Government Information. If an administrative organ violates the above provisions and the administrative counterpart refuses to accept it, it may file an administrative lawsuit. Fourteenth, administrative reply. This may be unfamiliar to everyone. Many administrative replies are aimed at the administrative counterpart, or are based on such applications from other lower-level administrative organs. In view of this kind of reply, if it is considered illegal and unreasonable, an administrative lawsuit can also be filed separately. Fifteenth, administrative handling. This is still quite a lot. It is a decision to take remedial measures, stop construction, restore to the original state, order to recall, order to stop production, stop selling, stop using, even recover the right to use state-owned land with compensation, or drop out of school. These are all administrative treatments. It is a separate administrative act, and if it refuses to accept it, it can bring an administrative lawsuit independently. Sixteenth, administrative reconsideration. Those who refuse to accept or reject, or administrative reconsideration decisions, etc. can bring administrative proceedings. Seventeenth, administrative ruling. In fact, there are fewer and fewer administrative rulings in the current legal system, which may be eliminated in the future. Administrative adjudication means that if there is such a right dispute between civil subjects, it can be decided by administrative organs. This is a quasi-judicial system, which may be eliminated by history, but it still exists. For example, the confirmation of land, mineral resources, water, wasteland, beaches, ownership, forest and mountains, the confirmation of the right to use sea areas, the confirmation of the ownership of grasslands, the confirmation of the ownership of water conservancy projects, and the confirmation of the qualification nature of enterprises. If there is a dispute between civil subjects, you can find an administrative organ to make a ruling. If you are dissatisfied with the ruling, you can bring an administrative lawsuit separately.

18th, administrative agreement. Disputes including conclusion, modification, dissolution, failure to perform in accordance with the law, failure to perform as agreed, including no administrative compensation, no administrative compensation, or cancellation, or confirmation of invalidity, etc. all belong to administrative agreements, and administrative proceedings can be filed separately. Nineteenth, administrative compensation. There are still many cases of administrative compensation. Although the provisions in many laws are not particularly clear, there will be more and more such cases. For example, compensation for house expropriation, land expropriation, chattel expropriation, withdrawal of administrative license, recovery of state-owned land use right, planning change, resettlement compensation, etc., are all classified as administrative compensation. If you are dissatisfied with these contents or have doubts, you can file an administrative lawsuit separately. Twentieth, administrative compensation. Administrative compensation, our country has a special state compensation law, which contains all the provisions on administrative compensation. If you violate these provisions, you can file a special lawsuit for administrative compensation. Twenty-first, the lawsuit of non-performance of duties. In fact, non-performance of duties contains many legal provisions, or some statutory duties set up by oneself, which are all lawsuits of non-performance of statutory duties and can be filed separately. Twenty-second, administrative public interest litigation. Public interest litigation of administrative actions, which is also a relatively new concept, widely appears in the field of environmental protection and ecological environmental protection, including many product quality problems, and may bring some public interest litigation, which is also included in administrative litigation.