What is the general case of the administrative court?

Hello, administrative cases refer to administrative dispute cases involving the rights and obligations of the parties after the administrative reconsideration organ and the people's court file a case. Once an administrative dispute is accepted by an administrative organ or a people's court, it will become an administrative case. When people's courts or administrative organs accept administrative acts, there is a premise that administrative disputes exist objectively and are brought by citizens, legal persons or other organizations whose legitimate rights and interests have been violated according to law. For different organs dealing with administrative acts, administrative cases are mainly divided into the following two categories:

(1) Administrative cases that can be handled by administrative organs on their own, that is, administrative cases that citizens, legal persons or other organizations think that a specific administrative act of an administrative organ or its staff is improper or directly illegal, and then put forward corresponding complaints or accusations to the administrative organ or the administrative organ at the next higher level, which are tried and resolved by the above-mentioned organs.

(2) Administrative litigation cases are administrative cases that citizens, legal persons or other organizations believe that the specific administrative actions of administrative organs and their staff have infringed upon their legitimate rights and interests, and they bring a lawsuit to the people's court according to law, and the people's court accepts them according to law. Administrative cases that fall within the scope of administrative litigation and can be handled with confidence by the corresponding administrative organs may also be submitted to the people's court for trial and judgment according to law.

legal ground

According to the provisions of administrative litigation in China, citizens, legal persons or other organizations must abide by the following four basic provisions when filing administrative litigation:

(1) The plaintiff must be a citizen, legal person or other collective whose legal rights and interests have been infringed by illegal administrative acts.

(2) the defendant must have a clear goal, not just a general group or organization.

(3) There are corresponding facts to prove its claim.

(4) It falls within the jurisdiction of the people's courts as well as the jurisdiction of the courts.

These four conditions are the basic conditions for people's courts to accept cases from other provinces. The people's court will conduct a review in accordance with the law, accept those who meet the conditions, and refuse to hear or accept those who do not meet the conditions.