Land Forest Land Right In Administrative Litigation Cases Study On Preposition Of Reconsideration

Administrative Reconsideration Law" thirtieth" the provisions of the first paragraph of" citizen, legal person or other organization that specific administrative act of an administrative organ violates the have to obtain land, mineral, water, forests, mountains, grassland, wasteland, beaches, waters and other natural resources ownership or right to use, should first apply for administrative reconsideration; on the the administrative reconsideration decision, may apply to the people's court for administrative litigation." The reconsideration procedure preceding case, the reconsideration organ is not as ( not accepted or rejected the application for reconsideration ), the parties can directly on the original specific administrative act, administrative litigation, administrative procedure law of our country and the administrative reconsideration law and the Supreme People's court, relevant judicial interpretations were not clearly defined.This article is about 1.6 ten thousand words, based on an old dog Street Village Group v. built County People's government land ownership administrative disputes case analysis, elaborated this kind of cases of judicial remedy: Reconsideration reconsideration organ shall be but not as, only on the reconsideration organ is not as acts of administrative litigation, but has no right to the original specific administrative behavior directly file an administrative lawsuit.The first part, the case synopsis. This paper is to analyze with forest land administrative jurisdiction case, this part introduces briefly the dog Street Village Group v. built County People's government forest land ownership is the basic facts of the case, as well as a referee, court of second instance cases.The second part, background introduction. A brief introduction of the case in the background and practical significance of this case.The third part, the case of disputes view. Pointed out that in this case, a second trial process in both the existence of two different perspectives, i.e. for the program in front of the administrative litigation cases, if the reconsideration organ shall not accept or reject decision making application for reconsideration decision, the parties to seek judicial relief.The fourth part, on the referee essence analysis. This is the most important part of this thesis, the author from the administrative reconsideration and litigation, the relationship between the administrative reconsideration law, administrative reconsideration of the purpose and meaning of the preposition of reconsideration, laws and regulations of administrative reconsideration and lawsuit deal with five issues demonstration.The fifth part, the case analysis in other problems.The sixth part, postscript, also is the this article summary. The Supreme People's court in August 7, 2011 published the" Supreme People's Court on the trial of administrative cases involving rural collective land Several Provisions" (France - ( 2011 ) No. 20). The" Regulations" sixth has been clear to land forest land right preposition of reconsideration cases, if the reconsideration organ shall not accept or reject decision making application for reconsideration decision, the parties should be how to exercise the right of judicial relief. Accordingly, in this case the referee essence establishment has some legal basis.