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- 2017-08-17 发布于河南
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行政诉讼管辖(Administrative litigation jurisdiction)
行政诉讼管辖(Administrative litigation jurisdiction)
The concept of Administrative Procedural Jurisdiction,
Administrative litigation jurisdiction refers to the division of authority in the trial of first instance administrative cases in the peoples courts at all levels and between the different regions of the peoples court. The jurisdiction of administrative litigation is the function of specific court clear administrative case of first instance jurisdiction belongs to, that is to solve the administrative case of first instance shall be accepted by any specific level, where the court issues. In court, the jurisdiction of which is the solution of the case or for the implementation of the specific administrative act shall be handled by the court which with trial or examination and implementation issues; for the citizens, legal persons or other organizations and administrative organs, the jurisdiction is to solve should sue or apply for execution of the specific administrative behavior to which the court.
The administrative procedure law the third chapter of Chinas administrative litigation jurisdiction to make specific provisions, including the following: (1) defines the purview between ordinary peoples courts and the special peoples courts. Our court system in addition to the ordinary peoples court, there are some special peoples courts, such as maritime courts, military courts, railway transportation court, they do not accept and execute administrative cases. In this regard, the Supreme Peoples Court on Several Issues concerning the implementation of administrative procedure law interpretation of the sixth provisions of the second paragraph: the special peoples courts and the peoples court hearing administrative cases, nor review and implementation of the administrative authority for the implementation of its specific administrative act case. But according to the Supreme Peoples court on the maritime court accepted the case scope of certain provisions, the maritime court
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