First of all, master the six parts of administrative appeal.

(1) Title: clearly stated as "administrative appeal".

(2) Part I: Relevant information of the appellant and the appellee must be stated separately. If it is a citizen, name, gender, age, nationality, birthplace, education level, occupation, work unit, address, etc. ; If it is a legal person or other organization, its full name, domicile, legal representative and position shall be stated.

(III) Reasons for appeal: The appellant refuses to accept the administrative judgment (ruling) made by the XX People's Court on X, X (200x), and now appeals according to law.

(4) Appeal request: generally speaking, it is a request to "cancel" the original judgment (ruling), and then "reject the claim" or "dismiss the prosecution"; Or ask for "remand for retrial"; Or require "partial" or "full" modification; Where a request for amendment is made, the request for amendment shall be clearly stated. Because the defendant in administrative litigation is an administrative organ, the request to "dismiss the lawsuit" or "dismiss the prosecution" can only be made by the administrative organ at the time of appeal.

(5) Facts and reasons: This part is the focus of the appeal. Around the appeal request, explain that the facts of the original judgment (ruling) are unclear, or the evidence is insufficient, or the applicable law is wrong, or the nature of the original trial is wrong, or the procedure is illegal. Explain the mistakes of the original trial through facts and evidence, and clarify your own views in order to achieve the purpose of appeal.

(6) Tail: the full name of the people's court of appeal, the name of the appellant, the date of appeal, etc. It shall be stated in turn, and the copy of the appeal and the number of relevant evidence materials shall be listed in the annex.

Second, don't exceed the appeal period.

According to Article 58 of the Administrative Procedure Law, those who refuse to accept the judgment of the first instance shall file an appeal within 15 days from the date when the judgment is served; If you refuse to accept the ruling of the first instance, you should appeal within 10 days from the date when the ruling is served. If no appeal is made within the time limit, the judgment or ruling of first instance will become legally effective.

Three, understand that administrative litigation can be heard in writing.

Article 59 of the Administrative Procedure Law stipulates that the people's court may hear an appeal case in writing if it considers the facts clear. Therefore, the parties' appeals should be as full and complete as possible, and some of them should not be left until the court session to prevent the "written hearing" from not being held.

Four, a clear appeal to which court.

The appeal shall generally be submitted to the people's court that originally tried the case. Although it can be submitted to the court of second instance, after the court of second instance receives the appeal, it will also be handed over to the people's court of first instance, so that the people's court of first instance can serve a copy of the appeal in time.

In addition, special cases can also consider whether to apply for reduction, deferment or exemption of appeal fees.

How to determine the appeal request by verb (abbreviation of verb)

When the plaintiff of the first instance appeals, if he thinks that the facts identified in the original judgment are clear, but the applicable laws and regulations are indeed wrong, he may request a revision of the judgment according to law, but the specific request for "revocation" or "change" of the specific administrative act depends on the case.

If it is considered that the facts identified in the original judgment are unclear, the evidence is insufficient, or the violation of legal procedures may affect the correct judgment of the case, it may request that the original judgment be revoked and sent back to the people's court that originally tried the case for retrial, or it may request a revision of the judgment after ascertaining the facts.

The parties may still appeal against the judgment or ruling of the case remanded for retrial.

If the plaintiff's lawsuit is ruled as "inadmissible" by the court of first instance, or "rejected" after acceptance, the plaintiff may appeal to the court of second instance, request to cancel the original ruling, and instruct the court of first instance to accept or hear it.

What needs special attention is that due to the current situation that it is difficult for Chinese people to sue officials, some special cases can often get twice the result with half the effort if they are good at finding mistakes in the first-instance procedure. For example, in an administrative case I once represented, because the list of collegiate panels notified by the court was inconsistent with the collegiate panels in the judgment, the court of first instance mainly decided whether the parties had the right to apply for withdrawal, and finally negotiated with the administrative organ to solve the problem.

Model essay on administrative appeal

Appellant (plaintiff in the original trial): Chen xx, female, born in February of 1xx, Han nationality, driver, living at No.418, the end of Guoben Road, Wanzhou District, Chongqing.

Appellee (defendant in the original trial): Highway Transportation Management Office of Wanzhou District, Chongqing (hereinafter referred to as District Transportation Management Office).

The appellant refuses to accept the appellee's request to confirm that a specific administrative act is illegal, and refuses to accept the administrative judgment No.20 of Chongqing No.2 Intermediate People's Court on August 20xx 1 1, and now appeals.

Appeal request:

1. Revoke the administrative judgment of Chongqing No.2 Intermediate People's Court (20xx) No.20 of August, 2008 1 1, and revise the judgment according to law.

2. The litigation expenses of the first and second instance of this case shall be borne by the defendant.

Reasons for appeal:

1, the first-instance judgment found that "Wanzhou District People's Government asked the municipal government for Wanzhou District's plan to solve the problems related to the right to operate taxis. . . . . . The Chongqing Municipal People's Government has approved the request, and its approval procedure is legal. The appellant thinks that this fact is wrong, according to the provisions of No.81issued by the State Council (20xx): "The quantity, amount, time limit and examination and approval procedures for the assignment of taxi operating rights. . . . . . As for the "examination and approval procedure" (Guo Ban Fa (1999) No.94), it has long been stipulated that "the people's government of the municipality directly under the Central Government shall examine and approve, and obtain the consent of the Ministry of Finance and the State Planning Commission respectively". It can be seen that "examination and approval" and "consent" are administrative procedures with different concepts, and "approval" cannot be used instead of "approval". The Chongqing Municipal People's Government should exercise the right of examination and approval, not the right of consent. Therefore, it is illegal for the Wanzhou District People's Government to examine and approve the scheme to solve the problems related to the taxi operation right in Wanzhou District.

2. The court of first instance found that "Wanzhou District People's Government cleaned up and standardized the taxi management right in this area in 20xx" as "paid transfer of taxi management right has been implemented" and "does not belong to the new taxi management right transfer policy". In this regard, the appellant believes that this determination of the court of first instance is wrong. According to the evidence issued by the defendant, Wanzhou District has issued a taxi management right insurance policy three times, that is, the first time was 1996 10 month, the transfer period was five years, and the transfer amount was 30,000 yuan. Access conditions are: all units and individuals engaged in taxi passenger transport; The second time was in 2002, the transfer time was 65438+ 10/0, the transfer period was 8 years, and the transfer price was 50,000 yuan. The access conditions are: transfer to a taxi company with qualified operating conditions for unified operation; The third time was in July of 20xx, and the transfer method was as follows: within the total number of taxi operating rights indicators in this district 1.040, for every three unfulfilled operating rights indicators, three taxi operating rights indicators, agreements and commitments that were put into operation before the end of 2003 were presented to the company in exchange for 1 taxi operating rights indicators with a 24-year operating period, and each operating rights indicator was paid for 70,000 yuan. Access conditions are: self-employment, unified management of taxi companies. Judging from the above situation, the policies issued each time are completely different from the transfer period, the connection with the next transfer time, the transfer price, the access conditions and the transfer methods. The policy has no continuity at all, and it belongs to the introduction of new policies.

3. The court of first instance held that the Regulations of Chongqing Municipality on Road Transportation Management (hereinafter referred to as Chongqing Road) is a local regulation, which conforms to the provisions of the Administrative Licensing Law that local regulations can set administrative licenses, and does not conflict with the Administrative Licensing Law. The appellant thinks that Article 58 of the Administrative Licensing Law stipulates that administrative licensing fees can only be set in the form of laws and administrative regulations, that is, the main body of the setting right can only be the National People's Congress and its Standing Committee and the State Council, and no other organ has the right to set administrative licensing fees. Therefore, "Chongqing Road" and "Administrative Licensing Law" are in conflict. According to the provisions of the Legislative Law, "after the laws or administrative regulations formulated by the state come into effect, local regulations that contradict them are invalid". Thus, the provisions in Chongqing Road Regulations that are in conflict with the Administrative License Law have no legal effect and cannot be used as the basis for administrative organs to set administrative licenses.

4. According to the principle of "administration according to law", administrative organs shall implement administrative acts in accordance with laws, regulations and rules. The defendant did not implement the administrative licensing act according to law, but implemented it according to the spirit of document No. Wanzhou District People's Government (20xx) 124. "Wanzhou District People's Government Document (20xx) 124" is not a normative document such as laws, regulations and rules stipulated in the Administrative Licensing Law, and cannot be used as the basis for implementing specific administrative licenses. Therefore, the administrative licensing act carried out by the defendant is illegal.

To sum up, the appellant believes that the first instance found the facts wrong and applied the laws and regulations wrong, which led to unfair and illegal judgment. Therefore, in accordance with the provisions of the Administrative Procedure Law of the People's Republic of China, I hereby appeal to your hospital, hoping to revoke the administrative judgmentNo. 20xx made by the Chongqing No.2 Intermediate People's Court on August 1 1, and revise the judgment according to law.

This demonstration

Chongqing Higher People's Court

Appellant:

August 5th, Oxx.

Attached:

Two appeals.