Many complainants believe that the administrative act violates their legitimate rights and interests, and file a lawsuit with the court, but it is not accepted, which is very incomprehensible. According to Article 13 of the Administrative Litigation Law, the following 14 types of complaints are not within the scope of the court's acceptance:
I. Acts of State. Including national defense, foreign affairs and other state acts. Mainly because the behavior of the state is related to the overall interests of the state and the nation, according to the provisions that individual interests must be subordinated to the interests of the whole, and individual interests must be sacrificed to safeguard the interests of the whole.
2. Abstract administrative acts. It is also known as a decision or order that is universally binding. Since China has provisions on the filing system and unconstitutional review of normative legal documents, the power to change and revoke abstract administrative acts is not in the courts, so administrative litigation cannot be instituted against them.
3. Internal administrative acts. It includes the internal decisions of administrative organs on rewards and punishments, appointments and dismissals of their staff. The main reason is that the mobility of civil servants in China is not strong, and disputes arising from dismissal and dismissal are not common, and the current management regulations can resolve them on their own.
4. Administrative arbitration. It refers to an administrative decision made by an administrative organ in accordance with the law, which has ultimate effect, and the parties concerned may not file a lawsuit if they are not satisfied. There is a suspicion of "self-examination" in the arbitration of administrative matters made by administrative organs, and at present, administrative arbitration matters are mainly stipulated in the "Administrative Reconsideration Law". V. Criminal Justice Conduct. Criminal justice acts are judicial in nature, not administrative acts.
6. Administrative mediation. Administrative mediation refers to the mediation of civil disputes between the two parties by administrative organs on the basis of obtaining the consent of all parties. The conclusion of an administrative mediation agreement depends on the will of the civil subjects, and there are judicial remedy channels.
VII. Administrative Guidance Conduct. Since administrative guidance is not mandatory, it is more to guide the administrative counterpart to voluntarily make or not to do certain acts, so as to achieve administrative goals, such as the urban management requires street vendors to move their stalls at the door to operate in the market.
8. Repetitive handling of rejecting appeals. If the administrative organ makes the same disposition opinion on the basis of the original administrative act because of the application of the counterpart. The reason for the rejection of the complaint is actually an affirmation of the previous handling opinion, and no new rights and obligations have been formed.
9. Internal conduct of administrative organs. For example, if a person applies for the disclosure of the minutes of a meeting within a certain department, it is not actionable because the minutes do not directly dispose of his rights and obligations.
10. Procedural conduct of administrative organs. It includes acts such as preparation, demonstration, and research carried out by administrative organs for the purpose of making administrative acts. Since the procedural acts can change at any time, the impact on the rights and obligations of the counterpart is also in a state of uncertainty, and if the court intervenes at this time, it will affect the realization of administrative power.
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1. Enforcement acts made by administrative organs on the basis of judgments. However, the scope is expanded or illegal methods are employed. The most common is judicial demolition, if the administrative agency makes a forced demolition according to the judgment, the counterparty may not sue. Ten.
2. Acts between administrative organs at higher and lower levels. It refers to the conduct of a higher-level administrative organ in hearing reports, inspecting law enforcement, supervising and urging a lower-level administrative organ due to the relationship of internal supervision, and these acts are internal management matters of the administrative organ.
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3. Petitioning acts. The petition here is not a letter-or-visit matter, but the registration, acceptance, transfer, assignment, review, review opinion and other acts of the letter-or-visit department. In other words, in the course of petitioning, a letter-writer or visitor may not use the Letters and Visits Bureau as the object of administrative litigation and prosecution, the main reason is that the reply to the petition is not legally enforceable.
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4. Conduct that does not have an impact on the rights and obligations of the counterpart. For example, if the Market Supervision and Administration Bureau receives a report that a restaurant sells unhygienic dishes, and the law enforcement officers go to the restaurant to make inquiries, the inquiry is not actionable because the inquiry is a preparatory procedure before law enforcement and has no impact on the rights and obligations of the restaurant.
Therefore, administrative litigation is not a big basket, and all administrative acts can be loaded into it. Quality Author Certification Recruitment