In real life, if an administrative counterpart refuses to accept a specific administrative act made by an administrative organ, he may apply for administrative reconsideration or bring an administrative lawsuit to a people's court with jurisdiction within the statutory time limit. I hope it will help everyone.

I. Scope and jurisdiction of administrative litigation

When a citizen brings an administrative lawsuit, he shall submit a complaint (complaint) in accordance with the requirements of the people's court. The complaint shall state the plaintiff's name, gender, age, nationality, native place, occupation and address, and the defendant's name, legal representative, position, address, telephone number and postal code, and state the basis of the complaint (including factual errors, legal errors, procedural defects, ultra vires, abuse of power, etc.). ). Then it is necessary to decide to bring a lawsuit to the people's court with jurisdiction. According to the provisions of the Administrative Procedure Law, the scope of administrative cases of first instance under the jurisdiction of people's courts at all levels has been clearly divided into:

1. The Higher People's Court and the Supreme People's Court have jurisdiction over major and complicated administrative cases of first instance within their respective jurisdictions;

2. Bring a lawsuit to the Intermediate People's Court in cases where the invention patent right is confirmed and handled by the customs, and in cases where a lawsuit is brought against a specific administrative act of various departments in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The Intermediate People's Court also has jurisdiction over major and complicated cases within its jurisdiction.

3, in addition to the above two cases, the general administrative cases to the grassroots people's court.

According to the regional jurisdiction provisions of the Administrative Procedure Law:

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. After reconsideration, if the case or 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. A lawsuit brought 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. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that first received the complaint.

The scope of accepting cases in administrative litigation refers to the scope of accepting administrative litigation cases by the people's courts, which determines the scope of judicial supervision over the actions of administrative subjects, the scope of litigation of citizens, legal persons and other organizations infringed by administrative subjects, and the scope of administrative final appeal.

China's current administrative procedure law on the scope of administrative litigation consists of three parts:

I. General Definition of the Scope of Accepting Cases Article 2 of the Administrative Procedure Law: "Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this Law if they think that a specific administrative act of an administrative organ or its staff has infringed upon their legitimate rights and interests."

The second is to list the scope of accepting cases positively. Article 1 1 of the Administrative Procedure Law stipulates: "The people's courts shall accept lawsuits brought by citizens, legal persons and other organizations who refuse to accept the following specific administrative acts: (1) those who refuse to accept administrative penalties such as detention, fines, revocation of permits and licenses, order to stop production and business, confiscation of property, etc.;

(2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property; (three) that the administrative organ has violated the right of independent management as stipulated by law;

(four) the administrative organ refuses to issue or reply to the license application and the license issued by the administrative organ that meet the statutory conditions;

(five) the administrative organ refuses to perform the statutory duties of applying for the protection of personal rights and property rights or refuses to reply;

(six) that the administrative organ fails to issue pensions according to law;

(seven) that the administrative organ illegally requires it to perform its obligations;

(eight) that administrative organs infringe upon other personal rights and property rights, in addition to the provisions of the preceding paragraph, the people's court shall accept other administrative cases that can be brought by laws and regulations.

The third is the exclusion of non-actionable behavior. Article 12 of the Administrative Procedure Law stipulates: "The people's courts shall not accept lawsuits filed by citizens, legal persons or other organizations on the following matters:

(1) National defense, foreign affairs and other acts of the state;

(2) Administrative regulations, rules or decisions and orders with general binding force formulated and issued by administrative organs; (three) the decision of the administrative organ on the reward and punishment, appointment and removal of the staff of the administrative organ;

(4) The specific administrative act finally decided by the administrative organ according to law.

Second, what are the conditions for retrial of administrative litigation?

According to the provisions of Article 88 of the Administrative Procedure Law, if the application of a party meets one of the following circumstances, the people's court shall retry it:

(1) It is indeed wrong to refuse to accept or dismiss the prosecution;

(2) There is new evidence enough to overturn the original judgment or ruling;

(three) the evidence of the facts ascertained in the original judgment or ruling is inaccurate and insufficient, and has not been cross-examined or forged;

(four) the application of laws and regulations in the original judgment or ruling is indeed wrong;

(five) in violation of legal procedures, which may affect the fair trial;

(six) the original judgment or ruling omitted the claim;

(seven) the legal documents on which the original judgment or ruling was based have been revoked or changed;

(eight) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.

3. What administrative lawsuits are inadmissible?

The law clearly stipulates inadmissible acts-the first four are stipulated in Article 12 of the Administrative Procedure Law, and the last five are stipulated in Article 1 of the Interpretation of the Procedure Law.

(1) National defense, foreign affairs and other acts of the state refer to acts related to national defense and foreign affairs carried out by the State Council, the Central Military Commission, the Ministry of National Defense and the Ministry of Foreign Affairs in the name of the state, as well as acts of declaring a state of emergency, martial law and general mobilization authorized by the Constitution and laws.

(2) Administrative regulations and rules of abstract administrative acts formulated and promulgated by administrative organs or decisions and orders with universal binding force.

(III) Internal Personnel Management Behavior If the administrative organ refuses to accept the decision on the appointment, dismissal, rewards and punishments, transfer and welfare of its staff, it shall not bring an administrative lawsuit.

(4) Legal acts of final adjudication.

(5) Criminal judicial acts: acts explicitly authorized by public security, national security and other organs according to the Criminal Procedure Law. This is an administrative act in form and a judicial act in essence. The functions and powers of public security and state security organs are dual, and criminal proceedings here are not regulated and dominated by administrative regulations.

(VI) Administrative mediation and legal administrative arbitration mediation is a kind of "jurisdiction" voluntarily accepted by the parties, and the decisive factor affecting the rights and obligations of the parties is the expression of their will, not the will of the administrative organ. Administrative mediation is only an administrative exhortation and suggestion, and reaching a mediation agreement mainly depends on the right transfer and disposition between equal subjects. The subject of labor arbitration or other statutory arbitration is often not an administrative organ. If you are dissatisfied with mediation and arbitration, you cannot bring an administrative lawsuit.

(seven) there is no mandatory administrative guidance. Administrative guidance behavior is not mandatory and does not need to be resolved through litigation.

(VIII) Rejecting the repeated handling of the parties' complaints about administrative acts The repeated handling must maintain the original conclusion, without any new gains and losses or changes in the rights and obligations of the relative person, but only affirm and maintain the previous conclusion. So you can't file an administrative lawsuit.

(IX) Acts with no actual influence The acts with no actual influence on the rights and obligations of the counterpart here mainly refer to the factual acts such as internal operation, procedure preparation, investigation and evidence collection before the administrative act takes effect, and such acts have not yet produced the actual effect of changing the rights and obligations of the counterpart.

The above is the whole content of this article. We can know that the Higher People's Court and the Supreme People's Court have jurisdiction over major and complicated administrative cases of first instance within their respective jurisdictions. Bring a lawsuit to the Intermediate People's Court in cases where the invention patent right is confirmed and handled by the Customs, and in cases where a lawsuit is brought against a specific administrative act made by various departments in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The Intermediate People's Court also has jurisdiction over major and complicated cases within its jurisdiction; Except for these two cases, general administrative cases should be prosecuted in basic people's courts.

Legal objectivity:

Jurisdiction refers to the division of power of people's courts at all levels and local people's courts to accept administrative cases of first instance, and it is an important litigation legal system involving basic issues such as administrative trial organization system, protection of citizens' right to appeal, and constitutional decentralization system. When understanding the jurisdiction of administrative litigation, we should pay attention to the following issues: 1. Jurisdiction is the division of labor for ordinary people's courts to accept administrative cases. Specialized courts such as maritime courts, military courts and railway transport courts do not accept and execute administrative cases. In this regard, the second paragraph of Article 6 of the Interpretation of the Procedural Law stipulates that special people's courts and people's courts do not try administrative cases, nor do they examine cases in which executive administrative organs apply for enforcement of specific administrative acts. 2. Jurisdiction is the division of authority between superior and inferior courts and courts at the same level to accept administrative cases. In other words, jurisdiction should solve the problem of division of authority between different trial levels and courts in different regions at the same level. 3. Jurisdiction is the division of authority for the people's courts to accept administrative cases of first instance. Jurisdiction does not include the division of labor between second instance and retrial cases. We implement a four-level two-trial system, and the second trial is the continuation of the first trial. Determine the jurisdiction of the case of first instance, and determine the jurisdiction of the case of second instance accordingly. In addition, execution also depends on the jurisdiction standard of first instance cases. 4. The relationship between jurisdiction and the concepts of judicial power and competent power. The power of administrative trial is the power given to the court by law to hear administrative cases, including the power of competent authorities, jurisdictional authorities, jurisdictional authorities, litigation command organs, executive organs and so on. Judicial power is one of the realization forms of judicial power, and judicial power is the foundation and premise of judicial power. Authority is the premise of jurisdiction. Supervisor refers to the scope of the court's right to handle administrative cases, aiming at dividing the authority of the court and other state organs in handling administrative disputes. Jurisdiction refers to the jurisdiction to hear cases within the court system. Generally speaking, the types of jurisdiction can be divided into the following categories: 1, level jurisdiction and regional jurisdiction. Hierarchical jurisdiction solves the division of jurisdiction between courts of different trial levels. The Administrative Procedure Law adopts two provisions: enumeration and generalization. For example, the jurisdiction of intermediate people's courts over customs cases and invention patent cases is enumeration, and the standard of "major complexity" is generalization. Territorial jurisdiction solves the problem of which regional court accepts administrative cases. In this regard, the administrative procedure law has adopted a "simple" approach. 2. Statutory jurisdiction and adjudication jurisdiction. Statutory jurisdiction refers to the jurisdiction directly determined by law. Trial jurisdiction refers to the jurisdiction determined by the court through transfer and designation under special circumstances, including designated jurisdiction, transferred jurisdiction and transferred jurisdiction. 3. Joint jurisdiction and single jurisdiction. Joint jurisdiction means that two or more courts have jurisdiction over a case at the same time. Single jurisdiction means that only one court has jurisdiction. The administrative procedure law considers the following factors when determining the jurisdiction: 1, which is convenient for the parties to litigate. In other words, the determination of jurisdiction should facilitate the plaintiff and the defendant to participate in litigation interpretation activities. This involves multiple factors such as space, time, economy and law. It is for this reason that Article 13 of the Administrative Procedure Law stipulates that the basic people's courts shall have jurisdiction over administrative cases of first instance. 2. It is convenient for the court to exercise judicial power fairly and effectively. The basic people's courts have jurisdiction over administrative cases of first instance, and try them locally and nearby, so as to facilitate the people's courts to find out the facts. Customs and patent cases are highly specialized and should be under the jurisdiction of intermediate people's courts with good level and conditions to ensure the correct exercise of judicial power. In addition, it is also important to eliminate factors such as interference and "pressure". 3. The burden of the court is balanced. The determination of jurisdiction should take into account the reasonable division of litigation burden between different places and courts at all levels, and should not allow a certain place or a certain level of courts to operate overload.