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How to file an administrative lawsuit in a different place

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How to file an administrative lawsuit in a different place


        

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  • 2024-05-31 16:00:51

    1. Administrative cases shall be under the jurisdiction of the people's court in the place where the administrative organ that initially took the administrative act is located. The reconsidered case may also be under the jurisdiction of the people's court in the place where the reconsideration organ is located. With the approval of the Supreme People's Court, the Higher People's Court may, on the basis of the actual situation of judicial work, determine a number of people's courts to have jurisdiction over administrative cases across administrative regions.

    2. A lawsuit brought against a compulsory administrative measure restricting personal freedom shall be under the jurisdiction of the people's court of the place where the defendant or the plaintiff is located.

    3. Administrative litigation brought on immovable property shall be under the jurisdiction of the people's court in the place where the immovable property is located.

    4. If the people's court finds that the case it has accepted is not under its jurisdiction, it shall transfer it to the people's court that has jurisdiction, and the people's court that has been transferred shall accept it. If the transferred people's court considers that the transferred case does not fall under its jurisdiction according to the provisions, it shall report to the people's court at a higher level for designation of jurisdiction, and shall not transfer the case on its own.

    If the people's court with jurisdiction is unable to exercise jurisdiction for special reasons, the people's court at a higher level shall designate jurisdiction. If a dispute arises over the jurisdiction of the people's court, it shall be settled by both parties to the dispute through consultation. If no agreement is reached through consultation, it shall be reported to their common superior people's court for designation of jurisdiction

    [Legal Basis]

    In Article 21 of the Administrative Procedure Law, the plaintiff may choose one of the people's courts to bring a lawsuit in cases where two or more people's courts have jurisdiction. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, the people's court that first filed the case shall have jurisdiction.

    I***

    2024-05-31 16:00:51

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