administrative proceedings

May 08 [Tue], 2012, 12:35
defendant cheap griffey shoes can only be authorized by the laws and regulations of the organization, which is a basic principle.

but the implementation of the public authority may not only executive or organization authorized by the laws and regulations, have made detailed theoretical analysis, such as schools, as part of the exercise of public authority, such as do not give students a diploma, the implementation of administrative sanctions, should be included in the scope of administrative litigation griffeys 2012 .

but other subjects, such as party committees and discipline inspection commission, they are not the executive, the law also does not require them to exercise some executive powers, an appeal against the implementation of such subjects act only through other channels.

Beijing News: In reality there is a problem involving more "sensitive" issues, such as land acquisition, demolition, family planning and the like, although in line with the provisions of the Administrative Procedure Law, the Court does not accepted.

Ma Huaide: administrative proceedings now there is a very difficult problem, that is, the plaintiff sued the court does not file, will not be accepted. Sometimes the court to consider and government relations, and some of the admissibility of the case shut. Supreme Court to a lot of ways, such as providing primary court dismissed the appeal a higher court may allow a higher court order the lower courts, but in fact is not very obvious.

I play more the role of the prosecution advocate should be accepted and the court dismissed the plaintiff can find the prosecution, the prosecution can be made through the legal supervision of the functions of the prosecutor suggested, asking the court to accept the case. If the court refuses to accept, prosecutors can not bring public administrative proceedings, when the individuals rights have been infringed, to support individual litigation, is to explore the road.

administrative litigation cases .
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