1. What are the provisions on causes of action for administrative litigation cases?

The causes of action for administrative cases are divided into: action cases, omission cases, and administrative compensation cases

2. Components and determination methods of the cause of action of administrative cases

The cause of action of administrative cases is divided into: action cases, omission cases, and administrative compensation cases. The determination method is as follows:

(1) The constituent elements and determination methods of the cause of action for quasi-cases

The basic method for determining the cause of action for quasi-cases is to divide the categories of cases and the scope of administrative management It is a "category" and is structured according to the "category" of specific administrative act categories. The structure of the cause of action should have the following two elements:

1. Administrative management scope. The scope of administrative management refers to the field in which administrative subjects manage administrative affairs on behalf of the state. Taking the scope of administrative management as the first element of the cause of action of administrative cases, administrative cases are initially divided into administrative disputes such as "public security", "industrial and commercial", and "taxation", and are distinguished by category.

Under normal circumstances, the scope of administrative management is used as the first component of the cause of action. There is no need to break it down after classification. For example, customs, family planning, taxation, etc., are directly classified as "customs", "family planning", "Taxation" is the first component of the cause of action; for individual areas with a relatively broad scope of administrative management, such as public security administration, it can be subdivided into public security management, fire protection management, etc., and the specific management scope can be refined and decomposed into "public security" ”, “firefighting”, etc. as the first constituent elements. Whether to decompose should be based on the actual situation of the case, and the principle of concise and clear expression should be used.

2. Specific types of administrative actions. The type or nature of the specific administrative act, such as "administrative penalty", "administrative license", "administrative confirmation", etc., is the second component of the cause of action. The manifestations of specific administrative actions, such as fines, detention, etc. in administrative penalties, do not appear as constituent elements, but are replaced by "administrative penalties".

Administrative cases are divided into three levels, and the causes of action are determined according to the administrative act being sued.

1. When determining the cause of action of an administrative case, the court shall first apply the third-level cause of action;

2. If there is no corresponding third-level cause of action, the second-level cause of action shall be applied;

3. The second-level cause of action still has no corresponding name, so the first-level cause of action shall apply. For example, when suing an administrative agency for imposing an administrative penalty of a fine, the cause of the case can only be determined as a "fine" according to the third-level cause of action, and the second-level or first-level cause of action cannot be applied.

Legal Basis

Article 2 of the "Administrative Litigation Law" stipulates that citizens, legal persons or other organizations that believe that the administrative actions of administrative agencies and administrative agency staff infringe upon their legitimate rights and interests have the right to This law brings lawsuits to the People's Court. The administrative actions mentioned in the preceding paragraph include administrative actions carried out by organizations authorized by laws, regulations and rules.

Article 69: If the evidence of an administrative act is conclusive, the application of laws and regulations is correct, and it complies with statutory procedures, or if the plaintiff’s reasons for applying to the defendant to perform statutory duties or payment obligations are unfounded, the People’s Court shall rule to reject the plaintiff’s claim. .

Article 70: If an administrative action falls under any of the following circumstances, the people's court shall revoke or partially revoke the judgment, and may order the defendant to re-engage in administrative action:

(1) Insufficient main evidence

(2) Wrong application of laws and regulations;

(3) Violation of legal procedures;

(4) Exceeding authority;

p>

(5) Abuse of power;

(6) Obvious misconduct.