I. Conditions for instituting administrative proceedings
1. Plaintiffs are citizens, legal persons and other organizations that believe that specific administrative acts infringe upon their legitimate rights and interests. Among them, the natural person shall submit the identity certificate; The legal person shall submit the business license of the enterprise legal person that has passed the annual inspection or the legal person qualification certificate issued by the registration department such as the industrial and commercial department and the editorial board; Other organizations shall submit business licenses or qualification certificates issued by their approval and registration departments. At the same time, the plaintiff shall confirm his addressee, detailed address, contact telephone number and postal code, and bear the corresponding legal consequences caused by non-delivery.
2. There is a clear defendant. The defendant is the administrative organ that has made the specific administrative act against him, and provides the detailed address of the defendant's definite domicile or habitual residence, and the name, position, telephone number and postal code of the legal representative or principal responsible person.
3. There are specific claims and factual basis. The plaintiff shall provide evidence materials related to the disputed facts that meet the requirements of prosecution and fill in the list of evidence, indicating the name, number of copies, object of proof and submission time of the evidence.
4. It belongs to the scope of administrative litigation accepted by the people's courts and the jurisdiction of the people's courts.
Second, the scope of accepting cases in administrative litigation
Article 12 The people's courts shall accept the following lawsuits filed by citizens, legal persons or other organizations:
(1) refuses to accept the administrative punishment such as administrative detention, temporary suspension or revocation of permits and licenses, order to stop production and business, confiscation of illegal income, confiscation of illegal property, fines and warnings;
(two) the restriction of personal freedom or the seizure, seizure, freezing of property and other administrative compulsory measures and administrative enforcement;
(three) the administrative organ refuses the application for administrative license or fails to reply within the statutory time limit, or refuses to accept other administrative licensing decisions made by the administrative organ;
(4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(five) refuses to accept the decision of expropriation, requisition and compensation;
(six) the administrative organ refuses to perform its statutory duties of protecting personal rights, property rights and other legitimate rights and interests, or refuses to reply;
(seven) that the administrative organ has violated its right to independent management or the right to contracted management of rural land;
(eight) that the administrative organ abuses administrative power to exclude or restrict competition;
(nine) that the administrative organs illegally raise funds, apportion expenses or illegally require the performance of other obligations;
(10) thinks that the administrative organ fails to pay the pension, minimum living allowance or social insurance allowance according to law;
(1 1) thinks that the administrative organ fails to perform according to law, fails to perform as agreed, or illegally changes or cancels the government franchise agreement, land and housing expropriation compensation agreement and other agreements;
(12) thinks that the administrative organs have violated personal rights, property rights and other legal rights.
Legal basis: Article 29 of the Administrative Procedure Law of the People's Republic of China.
If a citizen, legal person or other organization has an interest in the sued administrative act and has not brought a lawsuit, or has an interest in the outcome of the case, it may apply as a third party to participate in the lawsuit, or be notified by the people's court to participate in the lawsuit.
If the people's court decides that the third party bears obligations or damages the rights and interests of the third party, the third party has the right to appeal according to law.