"Administrative procedure law" article11Article1,2Section specifies the type administrative court of the admissibility of the case, mainly:

    A, refuses to accept the administrative punishment cases

"Administrative procedure law" article11Article1Paragraph1Hereof, the people's Court of citizens, legal persons and other organizations to detention, fine, rescission of a license or permit, order to suspend production or business, confiscation of property cases. "Administrative procedure law" lists5The most common type of administrative punishment cases, but from the provisions of the regulations, does not exclude the administrative punishment of citizens, legal persons or other organizations may have no other species listed in the people's court. To make such as warning, reporting, reeducation through labor, family planning departments levy fees and penalty decision.

    Two, the case against compulsory administrative measures

"Administrative procedure law" article11Article1Paragraph2Hereof, the people's court citizen, legal person or other organization restricting freedom of the person or the seizure, seizure, freezing of property against compulsory administrative measures case. "The mandatory administrative measures of the administrative procedure law" can sue have two kinds:

    (a) refuses to accept the compulsory measures restricting freedom of the person's case, mainly:

1A review;

2The compulsory detoxification;

3Detained;

4Other, such as restrictions on the drunken people, to the infectious patient isolation measures.

(two) against the compulsory measures of attachment, seizure, freezing the property of the case

The administrative organ responsible for the payment of money or goods duty payment obligations of the citizens, legal persons or other organizations, in its fail to perform their duty, can attachment, seizure, freezing the property. According to the provisions of existing laws and regulations of China, administrative compulsory measures and compulsory appropriation, mandatory return, mandatory removal, compulsory performance and so on, from the "administrative procedure law" look, citizens, legal persons or other organizations have not yet listed on the compulsory measures disaffected, can also bring a lawsuit to the people's court.

Three, consider that the administrative organs infringe the law of autonomy in management case

"Administrative procedure law" article11Article1Paragraph3Hereof, the people's Court of citizens, legal persons or other organizations consider that the administrative organs in violation of the law of autonomy in management case. Operational autonomy refers to the citizens, legal persons or other organizations to comply with state laws and regulations to carry out business activities, have formulated, using their own human, material resources, financial resources, production and operation of self organization right. Operational autonomy administrative violations of law, refers to the operational autonomy administrative organs using administrative means to restrict or deprive the citizen, enterprise or other economic organization by the law. Here"Law"Is generalized. Some of the laws, regulations of China on autonomy in management were defined. Such as the general principles of the civil law, industrial enterprises owned by the whole people, collectively owned enterprises in cities and towns, the provisional regulations, regulations on private enterprise management enterprise owned by the whole people, the transformation of the operating mechanism of regulations, to operational autonomy of enterprises are defined. Autonomy in management is the main content of the production plan, product sales, right right material option, foreign trade and foreign exchange left right. The use of funds, property rights, product pricing, distribution of bonus wages right, right, labor rights organization, joint acquisition, right right to refuse apportionments.

Four, an administrative organ refuses to issue a permit or license or fails to respond to the case

"Administrative procedure law" article11Article1Paragraph4Hereof, the people's Court of citizens, legal persons or other organizations that meet the statutory requirements for the issuance of a permit or license, the administrative organ refuses to issue or fails to respond to the case. Our system permits a wide range of application, such as a building permit, forest felling license, entry and exit permits, health permits, import and export license, business license, driving license, etc.. Citizens, legal persons or other organizations that meet the statutory conditions apply for permits and licenses, the administrative organ shall be issued within the statutory time limit. Otherwise, may infringe upon citizens, legal persons or other organizations of the legitimate rights and interests.

Five, to apply for the administrative organ to perform its statutory responsibility and be rejected or fails to respond to the case

"Administrative procedure law" article11Article1Paragraph5Hereof, the people's Court of citizen, legal person or other organization applies for administrative organ to perform its statutory duty of protecting personal right, property right, the administrative organ refuses to perform or fails to respond to the case. Personal rights is no direct property content refers to the natural person and the legal person or other organization entity can not be separated from right. Including the citizens enjoy the rights of life and health, right of personal freedom, the right of name, right of reputation, the right of portrait and so on; the name of the legal person or other organization rights (name), the right of reputation, the right of honour. Property refers to the content of direct property civil rights. Including property ownership, creditor's right, right of inheritance and property related rights, management rights, mining rights, the neighboring rights. Citizens, legal persons or other organizations, damaged or being violated will be in their personal rights or property rights, can apply for to bear corresponding legal protection protection duties of administrative organs. An administrative organ refuses to perform the statutory protection duties or fails to respond to, is the illegal behavior of indulgence, is not as a kind of illegal behavior of the administrative organ.

Six, consider that the administrative organs do not grant pension law cases

"Administrative procedure law" article11Article1Paragraph6Hereof, the people's Court of citizens, legal persons or other organizations that administrative organs do not grant pension law cases. Pension refers to the military, national staff, the militia, migrant workers and sacrifices or disability, the law by administrative organs (usually the Civil Affairs Department) to the family members of the deceased or disabled soothing benefits.

Seven, consider that the administrative organs to perform their obligations of illegal cases

"Administrative procedure law" article11Article1Paragraph7Hereof, the people's Court of citizens, legal persons or other organizations consider that the administrative organs to perform their obligations of illegal cases."Administrative organs illegally demanded the performance of duties", is refers to the administrative organ for opposite party burden no laws, regulations should not burden the obligation. If the administrative organ to conscript labor, free allocation property, indiscriminate charges. On the basis of the principle of the rule of law, administrative organs must be according to the law, that we must have legal basis that can request opposite party to fulfill the obligations. On the premise of no legal basis, relative parties to perform services, belong to illegal behavior.

Eight, consider that the administrative organs violate other personal rights, property rights cases

"Administrative procedure law" article11Article1Paragraph8Hereof, the people's Court of citizens, legal persons or other organizations think that the administrative organ infringe other personal rights, property rights cases."Other personal rights, property rights"Refers to the outside people in addition to the above seven cases involved the personal right, property right of the personal rights and property rights. This can be regarded as the "administrative procedure law" Supplementary Provisions on the scope of accepting cases in general, can be understood as the citizens, legal persons or other organizations that have not been listed in the administrative organ has infringed upon other personal rights and property rights, in addition to the law shall not be prosecuted, can bring an administrative lawsuit to the people's court. According to the provisions of existing laws and regulations of China, the people's court violates other personal rights, property rights cases, mainly in the following four categories:

    (a) refuses to accept the administrative organ that land, mineral, forest, mountain, grassland, wasteland, beach resource ownership and use of administrative decision right belongs to the case. The original nature of this kind of cases of civil disputes, but because of the people's government or the competent authorities shall make a decision on such dispute, a change in their character, become the administrative dispute. Civil disputes of one party or both parties appealed to the people's court, the people's court shall accept the case as an administrative case.

(two) is not satisfied with the decision to confirm the patent case

The Patent Law Article43Article,49Article,58A prescribed respectively, over whether they should be granted the dispute case, right of invention was awarded the patent invalid or upholding the disputes and disputes the invention patent compulsory license, the parties may in receiving the award date3Months after the people's court.

(three) cases with administrative organs for equality between the issue of compensation for adjudication

In such cases the original nature is due to civil disputes, administrative judgment and turned to the administrative dispute. Administrative adjudication on specific civil disputes shall be based on the specific provisions of law.

    (four) not mandatory compensation to administrative organs in accordance with the authority to decide cases

If the administrative organ to between the parties regarding compensation for mediation, the parties accept the, can bring a civil action; refuses to accept the decision on compensation made mandatory administrative departments of, can bring an administrative lawsuit.

Other administrative cases accepted rules, laws and regulations nine

"Administrative procedure law" article11Article2The provisions of paragraph:"Except the provisions of the preceding paragraph, the people's court accepts the laws, regulations and other administrative suits which may be brought."Here"Law"Refers to the normative documents formulated by the NPC and its Standing Committee; here"Laws and regulations"Including: administrative regulations and local regulations formulated by the state council. Here"Other administrative cases"Should be understood as administrative cases, administrative organs infringe the personal rights, property rights. These administrative cases, although the "administrative procedure law" article11Article1No provisions of paragraph can sue (i.e. not in the above eight categories), but if the specific laws, regulations can be prosecuted the case, is the other can according to the provisions of the laws or regulations of the new, to the people's court, the people's court shall accept.

(author: Liu Jie, doctor of law, Beijing Dacheng Law Firm Shanghai branch lawyer, arbitrator of Shanghai Arbitration Commission)