Legal information

Article introduction: Interpretation of the "Administrative Litigation Law" regarding what are the "specific litigation claims" in land acquisition and demolition cases?

The “specific litigation claims” stipulated in Article 49, Paragraph 3 of the Administrative Litigation Law refer to:

(1) Request the judgment to revoke or change the administrative act;

Interpretation: It is recommended that the plaintiff or plaintiff be cautious in filing a petition to “request a change in administrative action”. If it should be changed, the Ying Court believed that even if the petition was withdrawn, the judge would make a change.

(2) Request a judgment that the administrative agency performs its statutory duties or payment obligations;

(3) Request a judgment to confirm that the administrative act is illegal;

(4) Request a judgment to confirm that the administrative act is invalid;

Interpretation: For administrative actions that fall under any of the following circumstances, it is recommended that the complainant or plaintiff file such a claim: (1) Ultra vires. (2) Prohibition - Violation of the principle of prohibition without legal provisions. (3) Other serious and obvious illegal situations.

(5) Request judgment from the administrative agency for compensation or compensation;

(6) Request to resolve administrative agreement disputes;

Interpretation: It is recommended to read "administrative agreement" as "administrative contract". It's better not to pretend.

(7) Request to review normative documents below regulations together;

(8) Request to resolve relevant civil disputes together;

(9) Other litigation claims.

Interpretation: Regarding the provisions of this paragraph, the Yingting Demolition Team has learned that it is recommended that you read and use it in the context of the case types and judgment results in Fafa [2004] No. 25, namely the "First Instance Administrative Judgment Style (Trial)". In this way, you can learn and apply.

If the parties fail to correctly express their litigation claims, the People's Court shall provide explanations.

Interpretation: The provisions of this paragraph [Right of Interpretation (Responsibility)] are [like]. If there is no explanation, the parties may request the second instance to remand for retrial, order the first instance to accept the case, or continue the trial.

Yingting reminds you that please pay attention to the following legal deadlines so as not to miss the opportunity to protect your rights.

(1) Article 9 of the Administrative Reconsideration Law stipulates that if citizens, legal persons or other organizations believe that a specific administrative act infringes upon their legitimate rights and interests, they may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, exceptions are made where the application period prescribed by law exceeds 60 days. If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed.

(2) Article 44 of the Administrative Litigation Law stipulates that for administrative cases within the scope of the People's Court, citizens, legal persons or other organizations may first apply to the administrative agency for reconsideration. If they are not satisfied with the reconsideration decision, they may then file a lawsuit with the People's Court; they may also file a lawsuit directly with the People's Court. Laws and regulations stipulate that one must first apply to the administrative agency for reconsideration. If one is dissatisfied with the reconsideration decision and then files a lawsuit in the People's Court, the provisions of laws and regulations shall apply. Article 45 stipulates that citizens, legal persons or other organizations that are dissatisfied with the review decision may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision. If the review authority fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court within fifteen days from the expiration of the review period. Except as otherwise provided by law. Article 46 stipulates that if a citizen, legal person or other organization directly files a lawsuit with the People's Court, it shall do so within six months from the date when it knows or should know that the administrative action has been taken. Except as otherwise provided by law. Except for cases filed over real estate, the People's Court will not accept cases filed more than five years from the date of administrative action.