Administrative litigation cases on file review

    This year, I obtain some administrative litigation cases. Administrative litigation, commonly known as "public officials", is indeed different from civil cases, case filing examination which will have a style of one's own.

   In June, my agent a administrative contract dispute case. In accepting the entrustment of administrative counterpart, I immediately to the indictment, then go with the principal court. When submitting the complaint, court judge told by the administrative court, in the absence of the administrative tribunal issued to determine the admissibility of opinion before, on the court can not be accepted. The principal is a face of doubt, why the civil cases can be instant on file, and administrative cases need to review administrative tribunal, why not on the court after examination directly accept? I did not do more to explain, can only say that this is not a civil case, the court more careful.

   Then, we go to the administrative tribunal. After examination, the president that has exceeded the legal limitation, did not register value, and direct suggestion appeal. The client was very puzzled, considers the case does not exceed the limitation, litigation law as a lawyer, I think from the limitation of action for the key is identified, the limitation of administrative authorities, after the conclusion of the contract, did not explain the contract performance period, also did not inform the modification and rescission of a contract, litigation prescription starting point should be advocated the right date. In some examples, the judge still stick to their point of view, finally said family study.

   So, we just wait for the court to inform, but seven days later, still not received notice whether to accept the case. The principal began to look for the administrative court judge, but was told not to meet the conditions for acceptance. The principal felt unfair, complain to me, said he first personnel arbitration was rejected, and civil litigation, because do not belong to the legal relationship of equal was rejected, it should take what channels to safeguard their legitimate rights and interests? I had to tell him, detour remedies prior law, if the court does not accept the request, can cause the judge notified in writing of the inadmissible. Later, the client according to the method which I said to the judge, the case was accepted.

    Later, I took several administrative lawsuits, are also in the court administrative tribunal go review procedures, and most of them more than seven days, finally in constantly urging client and lawyer, the case was accepted.

   The above experience started me thinking. As the administrative counterpart, especially natural lack of legal knowledge, if not to hire a lawyer, in the administrative litigation after the rejection of what actions would you take? If they are in the case review stage with do not trust a for the law, and paranoid of petition, the outcome will be? May increase more social cost.

   Therefore, the provisions of the administrative procedure law and the Civil Procedure Law of the verification conditions, administrative litigation and civil litigation is basically the same. Therefore, as long as the prosecution of the elements, both administrative cases and civil cases, the people's court shall be accepted, there should be no distinction between censorship. Sincerely look forward to administrative litigation cases in the case can be more efficient! More convenient!