Whether in civil, administrative or criminal proceedings, entrusting a lawyer is the litigation right of the parties. Since it is a right, the parties may or may not exercise it.
Administrative litigation generally includes:
1. Administrative litigation jurisdiction is divided into three levels of jurisdiction, territorial jurisdiction and jurisdiction. If you want to file an administrative lawsuit, you need to find a qualified court first;
2. Write an administrative complaint, including the information of the plaintiff and the defendant, the cause of action, evidence and facts, etc. ;
3. If the hearing is held, the parties concerned shall be summoned three days before the hearing, and the agents ad litem, witnesses, expert witnesses, translators, other litigants and litigants shall be notified, and the time, place, parties and reasons for the hearing shall be informed. During the proceedings, its members should also be informed.
The work of administrative litigation lawyers is mainly to accept cases entrusted by administrative penalties, administrative measures, administrative organs and their staff who fail to perform their administrative litigation functions and powers.
Lawyers' participation in administrative litigation means that lawyers accept the entrustment of the parties to administrative cases, participate in administrative litigation activities as agents, and represent litigation within the scope of agency authority, so as to safeguard the legitimate interests of clients and ensure the correct implementation of national laws. According to the authorization of the administrative litigation client and the relevant provisions of the administrative litigation law, lawyers who participate in administrative litigation as litigation agents generally enjoy the following rights:
1, independently perform their duties according to law, protected by national laws, and not interfered by any unit or individual;
2. Have the right to consult the files and relevant evidence;
3. Have the right to investigate and collect evidence from clients, other parties to administrative cases and insiders;
4. Appear in court on behalf of the parties and participate in litigation.
legal ground
administrative procedure law of the people's republic of china
Article 44 Relationship between Administrative Reconsideration and Administrative Litigation For administrative cases within the scope of acceptance by the people's courts, citizens, legal persons or other organizations may first apply to the administrative organ for reconsideration, and if they are not satisfied with the reconsideration decision, they may bring a lawsuit to the people's court; You can also bring a lawsuit directly to the people's court.
Where laws and regulations stipulate that an application for reconsideration shall be made to an administrative organ first, and a lawsuit shall be brought to a people's court if the reconsideration decision is not satisfied, the provisions of laws and regulations shall prevail.