With civil suit, administrative lawsuit also is to prohibit repeating sue, also call be related to manage no longer principle. So, does administrative lawsuit repeat sue how be maintained? Administrative lawsuit repeats sue how to maintain
Repeat prosecution cognizance standard to be put in 3 kinds of different point of views to administrative lawsuit.
A kind of viewpoint thinks, administrative lawsuit ought to request with same party, same lawsuit and serve as with one fact reason repeat the cognizance standard that sue. Another kind of viewpoint thinks, administrative lawsuit ought to be mixed with same party of same lawsuit mark make what sue to repeat maintain a level.
The 3rd kind of viewpoint thinks, administrative lawsuit ought to with same lawsuit mark make what sue to repeat maintain a level.
Because have the boy or girl friend of jural interests with action of administration be appealinged to,often not be exclusive, because this is aimed at same administration action to authority mentions,the accuser of administrative lawsuit also is not exclusive; as a result of the accused of administrative litigation comfortable case maintain relatively complex, the understanding of the accused of because this accuser is right comfortable case also from time to tome deviation; but why to no matter party has,differ, as a result of the checkup of administrative lawsuit object constant is be appealed to administrative action, once people court hears a case, will be on the foundation that examines in the round to be being accused the lawful sex of administrative action undertakes, to be being accused the lawful sex of administrative action makes a judgment, the judgment that won't join suit because of different party and differs to be being accused the lawful sex of administrative action is made.
Differ with civil suit, administrative lawsuit is applicable is finite do not accuse ignore a principle, the colour of creed of powers and authorities of office with administrative strong suit decided people court is right of action of administration be appealinged to examine not the litigant request of accuser of be confined to and reason, want however around move each respects of lawful sex undertake action of administration be appealinged to be examined in the round. In administration the lawsuit that accuser often appears in lawsuit requests and reason all does not hold water to still can get winning the lawsuit however juridical case. Accordingly, no matter whether be same lawsuit request and same fact reason, all do not affect people court to depend on powers and authorities of office to be examined in the round to be being accused the lawful sex of administrative action undertakes, make corresponding judgment; according to this of course, what people court also won't request to reach ground because of the lawsuit of accuser is different and different to be the same as the lawful sex of one administration action to make judge.
Administrative lawsuit repeats a few kinds of prosecution case
The defendant that 1. accuser sues is unwell case, classics people court tells modificatory defendant, after accuser does not agree with change to be rejected to sue by the ruling, change the accused 2 times to carry those who have administrative suit in the light of same administration action again, ought to maintain sue to repeat.
In 2. and the much person that have jural interests with one administration action, already had one person or a few people mention lawsuit of politics of start on a journey in the light of this administration action, the case is in cognizance or already people court makes hypostatic court decision, someone else carries those who have administrative suit in the light of this administration action again, ought to maintain sue to repeat.
3. accuser already applied for to recall sue, allow via people court ruling recall after sueing, be aimed at same administration action 2 times to carry those who have administrative suit without warrant, ought to maintain sue to repeat.
4. is reconsidered when administration to choose a program, when the raises those who have administrative suit to sue deadline weak point to be reconsidered at application time limit that special law sets, accuser is right a cause of some administration action after exceed legal time limit and be being rejected by people court ruling, apply for to reconsider to the mechanism that reconsider again, the mechanism that reconsider makes those who keep former administration action reconsider a decision, party refuses to obey, carry those who have administrative suit to the court in the light of former administration action again, ought to maintain sue to repeat.
Editor | Jiang Kai
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