" the administrative procedural law when general law undertakes " the 6th chapter is sued and acce

" the administrative procedural law when general law undertakes " the 6th chapter is sued and accept

The 6th chapter is sued and accept

The 44th gets the administrative case of case limits to belonging to people court, citizen, legal person is other perhaps the organization can apply for to reconsider to the executive authority first, to reconsidering decision disaffected, again to people court to lodge a complaint; OK also and direct to people court to lodge a complaint.

Law, code sets ought to apply for to reconsider to the executive authority first, refuse to obey to reconsidering a decision again to people court to lodge a complaint, the regulation of according to law, code.

The 45th citizen, legal person is other perhaps the organization refuses to obey of the decision that reconsider, to lodge a complaint of indrawn people court can rise 15 days in the day that gets book of the decision that reconsider. Exceed the time limit of the mechanism that reconsider does not make a decision, the applicant can be in reconsider to lodge a complaint of court of 15 days of indrawn people since expiring day. Law has formulary except additionally.

The 46th citizen, legal person is other perhaps the organization is direct to people court to lodge a complaint, put forward inside 6 months since the day that ought to know oneself or ought to know to make administrative action. Law has formulary except additionally.

The day that makes from administrative action because of the case of praedial to lodge a complaint rises more than 20 years, other case exceeds 5 years of to lodge a complaint since the day that administrative action makes, people court does not grant to accept.

Executive authority of application of other perhaps organization fulfills the 47th citizen, legal person the legal duty that protects property right of its person authority, money to wait for legitimate rights and interests, the executive authority removes the nonperformance inside two months in the day that receives application, citizen, legal person is other perhaps the organization is OK to people court to lodge a complaint. Law, code fulfills the deadline of duty to have a regulation additionally to the executive authority, set from its.

Citizen, legal person is other perhaps the organization requests an executive authority to fulfill protection below emergency the legal duty of the legitimate rights and interests such as its person authority, property right, of executive authority nonperformance, the money before to lodge a complaint does not suffer the limitation of time limit.

The 48th citizen, legal person is other perhaps because force majeure is other perhaps,organize the reason that does not belong to its oneself delays those who sue deadline, the time that is delayed is not calculated sueing deadline inside.

Citizen, legal person is other perhaps the organization because before the other and special situation beyond section provision delays those who sue deadline, after the obstacle is eliminated inside 10 days, can apply for to extend deadline, whether to allow decide by people court.

The 49th to lodge a complaint ought to accord with following condition:

(one) accuser is to accord with the citizen that Benfadi provides 25 times, legal person other perhaps organization;

(2) have clear respondent;

(3) have specific litigant request and factual ground;

(4) belong to people court to suffer case limits and suffer courtyard of civil code telling a person administer.

Fiftieth sue ought to present indictment to people court, offer copy according to the accused number.

Write indictment truly inconvenient, OK and oral sue, by people the courtyard writes down the law to note, issue the written certificate of dated, tell a the opposing party.

Fiftieth court of a people is right when receiving indictment accord with what this code decides to sue a condition, ought to register put on record.

Whether to accord with what this code decides to sue a condition to cannot deciding on the spot, ought to receive indictment, issue make clear the written evidence that gets date, decide inside 7 days whether put on record. Do not accord with those who sue a condition, make do not grant the ruling of put on record. Ruling book ought to carry bright do not grant the reason of put on record. Accuser is right ruling disaffected, can mention appeal.

Indictment content is deficient in or have other mistake, ought to give guidance and Shi Ming, one-time the content that informs party to need to make good omissions. Must not not accord with in order to sue namely without guidance and Shi Ming indictment is not received for the condition.

To receiving indictment, written certificate is not issued after receiving indictment, and not one-time inform party to need announcement indictment content, party can be complained to ranking people court, ranking people court ought to be instructed correct, be in charge of personnel and personnel of other and direct responsibility to give disciplinary action lawfully to what be in charge of directly.

Fiftieth put on record of both neither of 2 people court, do not make again do not grant put on record rules, party is OK up court of one class people is sued. Court of people of on one class thinks to accord with those who sue a condition, ought to put on record, cognizance, also can appoint put on record of court of other and junior people, cognizance.

Fiftieth 3 citizens, legal person is other perhaps the normative sex file that the organization thinks the branch of the State Council of basis of administrative action place and local people government and its division system are decided is illegimate, be opposite when administrative action to lodge a complaint, can request file of normative to this sex to undertake checkup along with all the others.

The normative sex document that the paragraph provides before does not contain regulations.

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