Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to write the cause of action of administrative litigation
How to write the cause of action of administrative litigation
Legal analysis: the writing of the cause of action of administrative litigation: the structure of the cause of action of administrative cases is: the scope of management and the types of specific administrative acts; In principle, the cause of action of omission cases is still applicable as the cause of action structure of such cases, but it should also reflect the characteristics of such cases. Its determination method is: take "indictment" as the first constituent element of the cause of action of such cases; The second part is the category of administrative subject.

Legal basis: Article 59 of the Administrative Procedure Law of the People's Republic of China. If a litigant participant or other person commits one of the following acts, the people's court may, according to the seriousness of the case, admonish him, order him to make a statement of repentance or impose a fine of not more than 10,000 yuan and detention of not more than 15 days. If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) the person who has the obligation to assist in the investigation and execution delays, refuses or hinders the people's court's investigation and execution decision and notice of assistance in execution without reason;

(2) Forging, concealing or destroying evidence or providing false certification materials, which hinders the people's court from hearing a case;

(3) instigating, bribing or coercing others to commit perjury or threatening or preventing witnesses from testifying;

(4) Concealing, transferring, selling off or damaging the property that has been sealed up, detained or frozen;

(5) Deception, coercion and other illegal means are used to make the plaintiff withdraw the lawsuit;

(6) obstructing the staff of the people's court from performing their duties by violence, threat or other means, or stirring up trouble, attacking the court and disturbing the working order of the people's court;

(7) intimidating, insulting, slandering, framing, beating, besieging or retaliating against judges or other staff members of the people's courts, participants in litigation or personnel assisting in investigation and execution.

The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fines and detention must be approved by the president of the people's court. If a party refuses to accept it, he may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during reconsideration.