How to determine the defendant in administrative litigation cases?

In administrative litigation, the parties enjoy extensive and equal litigation rights according to law, and also undertake necessary litigation obligations. The parties enjoy litigation rights to safeguard their legitimate rights and interests, and the parties perform litigation obligations to maintain litigation order and ensure the smooth progress of litigation. Administrative litigation is of great significance in safeguarding a country's administration according to law, establishing a government under the rule of law, and ensuring that the legitimate rights of citizens, legal persons or other organizations are not infringed by administrative power.

2024-06-27 18:45:02 843 people helped

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How to determine the defendant in administrative litigation cases?

In relation to administration litigation We have the following clear provisions on how to determine the defendant in the case of
When a natural person, enterprise or non-profit organization files a lawsuit directly to the court, the administrative organ that has made the corresponding administrative act is the defendant;
If the case has gone through the reconsideration procedure and the reconsideration organ decides to maintain the previous administrative act, the executive organ of the original administrative act and the reconsideration organ will become the joint defendant of the case;
On the contrary, if the reconsideration organ has changed the original administrative act, the reconsideration organ will assume the opinion of such change as the defendant. The People's Republic of China Administrative Procedure Law 》
Article 26 If a citizen, legal person or other organization brings a suit directly before a people's court, the administrative organ that has undertaken the administrative act shall be the defendant.
In case of reconsideration, if the reconsideration organ decides to maintain the original administrative act, the administrative organ that made the original administrative act and the reconsideration organ are the joint defendants; If the reconsideration organ changes the original administrative act, the reconsideration organ shall be the defendant. 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 suit against the original administrative act, the administrative organ that made the original administrative act shall be the defendant; If the administrative body for reconsideration is prosecuted for inaction, the administrative body for reconsideration shall be the defendant. If two or more administrative organs undertake the same administrative act, the administrative organs that jointly undertake the administrative act are the joint defendants. For an administrative act undertaken by an organization entrusted by an administrative organ, the entrusted administrative organ is the defendant. If an administrative organ is revoked or its functions and powers are changed, the administrative organ that continues to exercise its functions and powers shall be the defendant.

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