1, the more famous is Dong Guonv, the chief lawyer. I remember that she was selected into China Lawyer's Yearbook in 2020, and she has been a senior lawyer with more than 20 years' experience in administrative litigation.
Lawyer Lu Yongqiang has a high reputation in the field of government-enterprise disputes and has always been recommended by people around him.
Lawyer Raymond is also very prestigious and has represented many typical cases!
If you encounter administrative litigation problems, you can consult a lawyer and protect your rights and interests with professional laws!
How to file an administrative lawsuit?
1. The procedure for bringing an administrative lawsuit is as follows:
(1) Prosecution stage
At this stage, the plaintiff should write a complaint and submit it to the court with jurisdiction. Please note the following points:
(a) the plaintiff must be a citizen, a legal person or any other organization that believes that a specific administrative act infringes upon his lawful rights and interests;
(2) There must be a clear defendant;
(three) there are specific requests and clear factual basis;
④ It belongs to the jurisdiction of the Court of Appeal.
(2) Acceptance stage
At this stage, the court should review the prosecution, decide to accept the cases that meet the prosecution conditions stipulated by law, and make a ruling of rejection for the cases that do not meet the prosecution conditions.
(3) the preparation stage before the trial
At this stage, mainly all kinds of litigation documents are submitted and sent, and there are the following links:
The court shall form a collegial panel and send a copy of the indictment to the defendant;
(2) The defendant submits the defense and related materials to the court, and the court then sends a copy of the defense to the plaintiff;
(3) The court should make preparations for other lawsuits.
(4) the trial stage
The focus of this stage is court investigation and court debate. The forms of trial include court trial and written trial (without the presence of the parties).
(5) Judgment stage
After hearing the case, the court ascertained the facts and made a judgment according to law. Note that administrative litigation is generally not settled through mediation, but administrative compensation litigation and incidental civil litigation can be mediated. There are several forms of judgment: upholding judgment, revoking judgment, fulfilling judgment and changing judgment. If a party refuses to accept the judgment, he may appeal to the people's court at the next higher level within the statutory time limit, resulting in a second instance.
(6) Implementation stage
If the parties fail to appeal within the statutory time limit after the judgment, the judgment will take effect and the parties may apply to the people's court for enforcement.
Legal basis: Administrative Procedure Law of the People's Republic of China
Article 45 If a citizen, legal person or other organization refuses to accept the reconsideration decision, it may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court within 15 days after the expiration of the reconsideration period. Except as otherwise provided by law.
Article 46? If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall bring a lawsuit within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law.
The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.
Article 49? A lawsuit shall meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that meets the requirements of Article 25 of this Law;
(2) Having a clear defendant;
(three) there are specific requests and factual basis;
(4) Being within the scope of accepting cases by the people's courts and under the jurisdiction of the people's courts under appeal.