Article 3 of the new law stipulates that the people's courts shall guarantee the rights of citizens, legal persons or other organizations to sue and accept administrative cases that should be accepted according to law. Administrative organs shall not interfere with or obstruct the people's courts in accepting administrative cases. The above supplement is not stipulated in the old law, which clarifies the legal responsibility of the court to file a case according to law.
Second, the establishment of the registration system and the direct filing system of the higher court is an important measure to solve the difficulty of filing a case.
Article 52 of the "New Law" stipulates the filing and registration system. Article 52 stipulates that after accepting the prosecution materials, the court shall register according to law and issue a dated written certificate. If the contents of the complaint are deficient or there are other errors, it shall be guided and explained, and the parties shall be informed to make corrections at one time. Without guidance and explanation, the prosecution shall not be dismissed on the grounds that it does not meet the conditions. Then, if the party refuses to accept the complaint, fails to issue a written certificate after receiving the complaint, or fails to inform the party concerned to correct the content of the complaint at one time, the party concerned may appeal to the people's court at a higher level, which shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law. "Article 54 of the new law also stipulates that if the people's court neither files a case nor makes a ruling within seven days, the parties may bring a lawsuit to the people's court at the next higher level. If the people's court at a higher level considers that it meets the conditions for prosecution, it shall file a case for trial, or it may designate a people's court at a lower level to file a case for trial. "
Third, expanding the scope of accepting cases in administrative litigation is conducive to solving the dispute of filing a case.
The New Law includes administrative acts such as compulsory execution by administrative organs, exclusion by abusing administrative power, restriction of competition, illegal fund-raising, illegal collection and apportionment of expenses, violation of the rights and interests of natural resources such as land and mineral deposits, and failure to pay the minimum living allowance or social insurance benefits according to law, and further clarifies the types of administrative penalties and administrative licenses that can be prosecuted according to law.
Fourth, stipulate the obligation of the Chief Executive to appear in court.
Article 3 of the new law stipulates that the person in charge of the sued administrative organ shall appear in court to respond to the lawsuit. Unable to appear in court, you can also entrust the corresponding staff of the administrative organ to appear in court. It can be seen that the law puts the person in charge of the administrative organ in a very important position, and the law adopts "should", which means "must appear in court, but not in court is an exception".
Fifth, the right to review planning documents other than laws and regulations has been increased.
The new law adds 14 and 66 articles. These two articles are clear. If a citizen, legal person or other organization thinks that the normative documents other than the rules formulated by the the State Council department and the local people's government and its departments on which the specific administrative act is based are illegal, they may request to review the normative documents together when bringing a lawsuit against the specific administrative act. In the trial of administrative cases, the people's court finds that the normative documents are illegal, which shall not be used as the basis for determining the legality of specific administrative acts, and shall be transferred to the competent authorities for handling according to law.
Sixth, administrative litigation can cross-regional jurisdiction.
The new law adds that, with the approval of the Supreme People's Court, the higher people's court may, according to the actual situation of trial work, determine that a number of people's courts have jurisdiction over administrative cases across administrative regions.
It is generally believed that it is difficult to win administrative litigation. People, money and things in grass-roots courts are subject to local and administrative organs, which leads to some cases that cannot be judged, are difficult to judge and dare not to judge, and the phenomenon of improper administrative intervention is serious. Adding such provisions can largely solve the influence of "localization" of courts on fair trials and inject a very effective "booster" into administrative trials from the institutional level.
Seventh, after it is clear that the reconsideration organ does not make a reconsideration decision, the plaintiff can directly sue the specific administrative act.
Article 28 of the new law adds the following provisions: "If the reconsideration organ fails to make a reconsideration decision within the statutory time limit and a citizen, legal person or other organization brings a lawsuit against the original specific administrative act, the administrative organ that made the original specific administrative act is the defendant; If the reconsideration organ is sued for inaction, the reconsideration organ is the defendant. "
Eighth, it is clear that lawyers have the right to copy files.
Article 34 of the new law stipulates: "Lawyers acting as agents in litigation may consult and copy relevant materials of this case in accordance with regulations, and may investigate and collect evidence from relevant organizations and citizens. Materials involving state secrets, commercial secrets and personal privacy shall be kept confidential according to law. Compared with the old law, the right of lawyers to copy evidence materials is clarified.
Ninth, the defendant's burden of proof is further emphasized, the defendant's burden of proof and the restrictions on evidence collection and the statutory conditions for supplementary evidence are increased, the legality of electronic evidence is determined, and the principle of excluding illegal evidence in administrative proceedings and the plaintiff's right of proof are established.
Electronic evidence has been added to the types of evidence listed in Article 35 of the new law, and its legal status in litigation has been determined through legislation. Article 36 stipulates that if the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence; Article 37 stipulates that in the course of litigation, the defendant and his agent ad litem shall not collect evidence from the plaintiff, the third party or the witness on their own; Article 38 stipulates that in two cases, the court allows the defendant to supplement evidence. At the same time, article 39 stipulates that the plaintiff may provide evidence to prove that the specific administrative act is illegal. If the evidence provided by the plaintiff is not established, the defendant shall not be exempted from the burden of proof.
Tenth, the limitation of administrative litigation is extended from three months to six months.
Article 48 of the new law stipulates that if a lawsuit is brought directly to the court, it shall be brought within six months from the date when he knows or should know that the administrative act has been taken. Extending the prosecution period by three months is a major reform of the new law. Not only that, but also stipulates that if the time limit for prosecution is exceeded due to force majeure or other reasons not belonging to the parties themselves, the delayed time shall not be counted in the time limit for prosecution.
In addition, in the new law, if a citizen, a legal person or any other person applies to an administrative organ to perform the statutory duties of protecting his personal rights, property rights and other legitimate rights and interests, the time limit for prosecution that the administrative organ fails to perform is still two months, and if the administrative organ requests the administrative organ to perform the statutory duties of protecting his personal rights, property rights and other legitimate rights and interests in an emergency, the time limit for prosecution is not limited by the above two months.
Article 11 stipulates the right to apply for reconsideration of the decision to stop or not to stop execution.
Article 58 of the new law increases the right of a party to apply for administrative reconsideration if he refuses to accept the ruling of stopping or not stopping execution. This is a new right granted to the applicant, which was not provided in the previous administrative litigation law.
Twelfth, the "new law" abolished the provision of refusing to appear in court after two summonses.
Article 60 of the new law amends the original provisions to read: if the plaintiff refuses to appear in court without justifiable reasons after being summoned by the people's court, or withdraws from court without the permission of the court, the prosecution may be dismissed; If the defendant refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, he may make a judgment by default. This regulation is much stricter than the old law.
Thirteenth, the summary procedure in administrative litigation has been increased.
Article 79 of the new law stipulates the summary procedure in administrative litigation. The court may apply summary procedure to the trial of administrative cases of first instance with clear facts, clear rights and obligations and little controversy. Summary proceedings are generally tried by a single judge and closed within 45 days from the date of filing the case. The trial period of ordinary administrative litigation is three months, and 45 days of summary procedure is beneficial to improve the trial effect.
Fourteenth, it further refines the supervision responsibility of the procuratorate for administrative litigation, with special emphasis on the Supreme People's Procuratorate's legal supervision responsibility.
Article 89 of the new law stipulates that the Supreme People's Procuratorate shall lodge a protest against the legally effective judgments and rulings of people's courts at all levels and people's procuratorates at higher levels, and against the legally effective judgments and rulings of people's courts at lower levels. Local people's procuratorates at various levels may put forward procuratorial suggestions on legally effective judgments and rulings of the people's courts at the same level and report them to the people's procuratorates at higher levels for the record; You can also ask the people's procuratorate at a higher level to lodge a protest with the people's court at the same level. Local people's procuratorates at all levels have the right to put forward procuratorial suggestions to the people's court at the same level for the illegal acts of judges in other trial procedures other than trial supervision procedures. The old law only stipulated the legal supervision responsibility of the procuratorate in principle, but did not stipulate how to operate it. The above provisions are feasible. Moreover, an additional remedy for the effective judgment or ruling is to apply to the Supreme People's Procuratorate for protest, which is a good law for the people.
Fifteenth, if the effective judgment or ruling is not executed, the person directly responsible for the administrative organ shall accept the punishment.
The fifth paragraph of Article 92 of the new law stipulates that if an administrative organ refuses to perform a judgment, ruling or conciliation statement, resulting in adverse social impact, it may detain the person in charge of the administrative organ; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.