Can administrative litigation be filed online?

Of course. If you bring a lawsuit to the court online, you can log in to the Supreme People's Court Litigation Service Network to submit an application for filing. Online prosecution shall generally be filed within seven days, and the parties concerned shall be notified. The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned.

How to file an administrative lawsuit?

Whether an administrative lawsuit can be filed depends on whether the prosecution meets the conditions for prosecution. The conditions for prosecution include:

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.

"II" All proceedings in administrative litigation cases

I. Prosecution

1. Prosecution conditions:

(1) The plaintiff believes that the specific administrative act has infringed upon the legitimate rights and interests of legal persons, citizens or other organizations.

(2) The defendant must clearly point out the organization of the specific administrative act.

(3) Having concrete evidence and opinions.

(4) It belongs to the jurisdiction of the sued people's court and is the scope of accepting cases by the people's court.

(5) Must go through the reconsideration procedure in advance.

(6) Bring a lawsuit to the court within the time limit prescribed by law.

2. Mode of prosecution: in written form, you can write a complaint according to the corresponding requirements before starting the proceedings. Its main contents include:

(1) Information of the party concerned, including name, gender, etc. The name, address and legal representative of the plaintiff's organization.

(two) the claim and the evidence, facts and reasons.

(3) According to the source and content of facts, the information of witnesses.

(4) The name and specific date of the people's court that accepted the lawsuit.

Two. accept

After receiving the complaint, the people's court shall examine the complaint of a citizen, a legal person or any other organization, and may decide to file a case for trial if it considers that the conditions for prosecution prescribed by law are met. Whether it is accepted or not depends on the results of the examination of unilateral acts by the state examination and approval authorities.

Third, the trial

(1) Pre-trial preparation: After the people's court decides to file a case, it will send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant needs to submit relevant evidence and normative documents to the people's court within fifteen days from the date of receipt, and submit a defense. A copy of the defense shall be served on the plaintiff through the people's court within five days, and the parties and relevant litigation participants shall be informed of the time and place of the court session. If the hearing is not held in public, the names of the parties, the reasons for the case, and the time and place of the hearing shall be announced.

(2) Trial in court: Contradictions of administrative views are stated in the following order: plaintiff, defendant, third party, followed by examples or material proofs, and finally the statements of the parties.

(3) Review and judgment of the collegiate bench: After the above-mentioned trial, the members of the collegiate bench will review and put forward their own opinions on the contents of the judgment, and after reaching an agreement, they will be approved by the president. The process is not open, the minority is subordinate to the majority, and different opinions should be recorded. Judgment is an act of judging according to facts and laws after trial and evaluation by a collegial panel.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 7 In trying civil cases, the people's courts must be based on facts and take the law as the criterion.

Article 119 A prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.