Legal information

Introduction to the article: Like other legal documents, an administrative complaint is divided into three parts: the header, the main body, and the tail (including attachments). The first part of the document must state the name of the document "Administrative Complaint" and include the basic information of the plaintiff and defendant. Today we will talk about the things to note when writing a complaint and the basic format of an administrative complaint.

Part One: Things to note when writing a complaint

1. This information generally includes the plaintiff’s name, gender, date of birth, ethnicity, occupation, workplace and residence, postal code, etc. (part of which may be omitted as appropriate), and the defendant, the exact full name and office address of the administrative agency, and the name and position of the legal representative.

2. If the plaintiff has hired a lawyer, he must write the name of the attorney and the name of his law firm after the plaintiff's information. The first part is written in much the same way as a civil complaint.

3. Regarding the main text, the Yingting Demolition Team recommends that you first write down the "litigation request" clearly, whether it is to cancel the specific administrative action taken by the defendant or to confirm that it is illegal, whether to request administrative compensation, or to require the defendant to respond in accordance with the provisions of the law in the inaction lawsuit, etc.

4. Pay attention to these points when describing facts.

1. The main text should be consistent with the litigation claims and should not contradict each other.

2. The content should be written in a concrete and objective manner, not abstract and difficult to understand.

3. Seek truth from facts, do not exaggerate events, and do not conceal facts.

4. Be logically rigorous, think clearly, and explain the main content clearly. Don’t be wordy and miss the point.

5. Be reasonable and well-founded, and don’t base your opinions on rumors or hearsay.

6. The tone should be calm, and do not make insinuations or wanton attacks.

Part 2: Format of Administrative Complaint

Administrative Litigation Indictment (Template)

Plaintiff:

Name: _________ Address: __________________

Phone: __________

Legal representative: Name: ___

Plaintiff:

Name: _________ Address: __________________

Phone: __________

Legal representative: Name: ____________________________

Position:__________

Authorized agent: Name:___________

Gender:___________

Age:__________

Nationality:___________ Position:___________ Work unit:______

Residence: ____________________________

Phone: __________

Defendant:

Name: ________ Address: ____________________________

Phone:____________

Legal representative: Name:_______________________________

Position: _________

Litigation Request: ____________________________________________________________

Facts and Reasons: ______________________________________________________

____________________________

Position:__________

Authorized agent: Name:___________

Gender:___________

Age:__________

Nationality:___________ Position:___________ Work unit:______

Residence: ____________________________

Phone: __________

Defendant:

Name: ________ Address: ____________________________

Phone:____________

Legal representative: Name:_______________________________

Position: _________

Litigation Request: ____________________________________________________________

Facts and Reasons: ______________________________________________________

____year__month__day

Attachment: 1. ____ copies of this complaint.

2. __ copies of the administrative decision letter.

3. _____ parts of other materials.

Yingting reminds you:

1. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later. Because you can’t find a reason to ask for compensation, it’s also difficult to determine who to sue in court. If your house has been forcibly demolished, you can take relevant photos and videos before, at, and after the demolition as evidence of the demolition and as the basic basis for proposing compensation conditions. It is also easy to identify the subject who carried out the forced demolition, know who to sue, and find out who should bear the responsibility for the forced demolition.

2. According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.

3. Article 44 of the "Administrative Litigation Law" stipulates that for administrative cases that fall 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 involving real estate litigation, the People's Court will not accept any other cases filed more than five years from the date of the administrative action.