Legal information

Article introduction: If your legitimate rights and interests are infringed, can you file a lawsuit to solve the problem?

1. Inefficient protection of rights: If the plaintiff can use other means that meet the actual needs (easier, more complete, faster or cheaper) to achieve the purpose of the protection requested, or the purpose requested by the plaintiff has been achieved, it is an inefficient protection of rights and interests.

2. Useless rights protection: Even if the plaintiff files a lawsuit, it cannot improve its legal status because there is no disinterest at all, or there is a disinterest that cannot be eliminated through legal remedies. If, even if the plaintiff wins the lawsuit, his legal status does not improve due to factual or legal reasons, or if the result of winning the lawsuit is of no practical benefit, the need for general rights protection in litigation is also eliminated.

3. Prohibition of abuse of rights: The Yingting demolition team believes that the plaintiff's lawsuit is obviously an abuse of rights, especially when the plaintiff is unlikely to enjoy any benefits or the purpose of the lawsuit is entirely to harm the counterparty or increase the workload of the court, which constitutes an abuse of rights or "prohibition of malicious argument." The main function of this type is to prohibit the abuse of litigation rights, that is, to prohibit the plaintiff from suing for the purpose of harming others instead of realizing his own rights.

4. Untimely protection of rights: If the plaintiff requests protection from the court too early, in principle, it will be illegal due to the lack of necessary rights protection.

5. Invalidation of rights in litigation procedures: Applying for reconsideration or litigation too late is not conducive to the stability of administrative legal relations, violates the principle of good faith, and is not beneficial to the parties' timely protection of their rights.

6. Abandonment of rights protection: Relevant rights are waived by unilateral representation to the court, unilateral representation by other parties involved in litigation, and legal relations between the parties by reaching a consensus through legal acts in substantive law (such as a petition and settlement agreement).

Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have any questions, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and use professional legal knowledge to help you analyze and reduce legal risks.

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