| Notice of the Supreme People's Court on Issuing the Several Opinions on Further Protecting and Regulating the Legal Exercise of Administrative Litigation Rights by the Parties | | 最高人民法院印发《关于进一步保护和规范当事人依法行使行政诉权的若干意见》的通知 |
| (No. 25 [2017] of the Supreme People's Court) | | （法发〔2017〕25号） |
| The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government;the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | | 各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
| The Several Opinions of the Supreme People's Court on Further Protecting and Regulating the Legal Exercise of Administrative Litigation Rights by the Parties are hereby issued to you for your conscientious implementation. | | 现将《最高人民法院关于进一步保护和规范当事人依法行使行政诉权的若干意见》印发给你们，请认真贯彻执行。 |
| Supreme People's Court | | 最高人民法院 |
| August 31, 2017 | | 2017年8月31日 |
| Several Opinions of the Supreme People's Court on Further Protecting and Regulating the Legal Exercise of Administrative Litigation Rights by the Parties | | 最高人民法院关于进一步保护和规范当事人依法行使行政诉权的若干意见 |
| Since the synchronous implementation of the new Administrative Procedure Law and the case-docketing registration system, the people's courts at all levels have adhered to the working rule of justice for the people, further strengthened the awareness of protecting litigation right, focused onradically solving the problem of “difficulties in case docketing” highly concerned by the peoplefrom the perspectives of rules and source, and docketed all cases that should be accepted in accordance with the law and accepted all litigations that should be accepted, which enabled the administrative litigation rights of the people to be fully protected, the case-docketing channels to be comprehensive and smooth, and the implementation of the new Administrative Procedure Law and thecase-docketing registration system reform to make significant achievements. However, at the same time, the phenomenon that the parties are obstructed from exercising administrative litigation rights has not been completely eliminated; and the increasing phenomena that some parties abuse their administrative litigation rights and waste judicial resources have been seen. In order to better protect and regulate the parties' legal exercise of their administrative litigation rights, direct the parties to express their appeals in a reasonable manner, and promote the substantive resolution of administrative disputes, the following opinions are hereby offered in consideration of the practices in the trial of administrative cases: | | 新行政诉讼法和立案登记制同步实施以来，各级人民法院坚持司法为民的工作宗旨，进一步强化诉权保护意识，着力从制度上、源头上、根本上解决人民群众反映强烈的“立案难”问题，对依法应当受理的案件有案必立、有诉必理，人民群众的行政诉权得到了充分保护，立案渠道全面畅通，新行政诉讼法实施和立案登记制改革取得了重大成果。但与此同时，阻碍当事人依法行使诉权的现象尚未完全消除；一些当事人滥用诉权，浪费司法资源的现象日益增多。为了更好地保护和规范当事人依法行使诉权，引导当事人合理表达诉求，促进行政争议实质化解，结合行政审判工作实际，提出如下意见： |
| I. Further enhancing the awareness of protecting litigation right, actively responding to the reasonable expectations of the people, and providing powerful guarantee for the parties' legal and reasonable exercise of their litigation rights | | 一、进一步强化诉权保护意识，积极回应人民群众合理期待，有力保障当事人依法合理行使诉权 |
| 1. The people's courts at all levels shall attach great importance to the protection of litigation rights, adhere to taking the Constitution and the law as the basis, be oriented by meeting the needs of the people, take the substantive resolution of administrative disputes as the objective, register and docket all administrative cases that should be accepted in accordance with the law to achieve the docketing of all cases that should be accepted and the acceptance of all litigations that should be accepted, so as to effectively maintain and guarantee the rights of citizens, legal persons and other organizations to file administrative litigations in accordance with the law. | | 1.各级人民法院要高度重视诉权保护，坚持以宪法和法律为依据，以满足人民群众需求为导向，以实质化解行政争议为目标，对于依法应当受理的行政案件，一律登记立案，做到有案必立、有诉必理，切实维护和保障公民、法人和其他组织依法提起行政诉讼的权利。 |
| 2. The people's courts at all levels shall truly change the concept, strictly implement the provisions of the new Administrative Procedure Law, resolutely implement the case-docketing registration system, and register and docket the cases that meet the statutory litigation conditions on the spot; and are strictly prohibited from, not as legally provided for, refusing to accept complaints or issuing written certificates after accepting complaints on the ground of the difficulty and complexity of the cases, the balance of interests of departments, or the impacts on the closing of the cases at the end of the year. | | 2.要切实转变观念，严格贯彻新行政诉讼法的规定，坚决落实立案登记制度，对于符合法定起诉条件的，应当当场登记立案。严禁在法律规定之外，以案件疑难复杂、部门利益权衡、影响年底结案等为由，不接收诉状或者接收诉状后不出具书面凭证。 |
| 3. The people's courts at all levels shall keep enhancing the awareness of protecting citizens, legal persons and other organizations' legal exercise of their litigation rights, and, where any parties need to supplement litigation materials, inform the partiesat one time of all necessary supplements and corrections, the materials to be supplemented andthe time limits for making supplements and corrections; and where the parties are lack of legal knowledge, the people's courts shall give effective litigation guidance and legal interpretations thereto. | | 3.要不断提高保护公民、法人和其他组织依法行使诉权的意识，对于需要当事人补充起诉材料的，应当一次性全面告知当事人需要补正的内容、补充的材料及补正期限等；对于当事人欠缺法律知识的，人民法院必须做好诉讼引导和法律释明工作。 |
| 4. The people's courts at all levels shall resolutely review and restrict the “local policies” on the litigation rights of the parties, so as to avoid the excessive examination of case docketing and the illegal setting of whether the basis for the parties to file cases are sufficient, the facts are clear, the evidence is conclusive, or the legal relationship is definite, among others, as case-docketing conditions. Where a decision on docketing a case cannot be made on the spot, a people's court shall, in strict accordance with the provisions of the Administrative Procedure Law and judicial interpretations, decide whether to docket the case within seven days. Where the people's court neither dockets the case or rules not to docket the case within seven days, nor requires the party to supplement and correct litigation materials, the party may file a litigation with the people's court at the next higher level. Where the people's court at the next higher level deems that the case meets the conditions for filing a case, it shall docket and try the case or designate any other court at a lower level to docket and try the case. | | 4.要坚决清理限制当事人诉权的“土政策”，避免在立案环节进行过度审查，违法将当事人提起诉讼的依据是否充分、事实是否清楚、证据是否确凿、法律关系是否明确等作为立案条件。对于不能当场作出立案决定的，应当严格按照行政诉讼法和司法解释的规定，在七日内决定是否立案。人民法院在七日内既不立案、又不作出不予立案裁定，也未要求当事人补正起诉材料的，当事人可以向上一级人民法院起诉，上一级人民法院认为符合起诉条件的，应当立案、审理或指定其他下级人民法院立案、审理。 |
5. Where a people's court finds it has no jurisdiction over a case which falls within the scope of the cases that may be accepted by the people's court, it shall notify the party to file a litigation with a people's court with jurisdiction; and where the case has been docketed, it shall be transferred to people's courts that have jurisdiction over the case. Where a case is not the one that shall be subject to the prerequisite reconsideration procedure, a people's court may not refuse to docket the case or to accept litigation materials on the ground that the litigation filed by the party has not been reconsidered by the administrative organ. Where the litigation filed by a party may exceed the time limit for filing a litigation, a people's court shall conduct conscientious examination; and where the time limit for filing a litigation is exceeded truly due to force majeureor any other reason which is not attributable to the party, the people's court shall not docket the case on the ground that time limit for filing a litigation is exceeded.
．．．．．． | | 5.对于属于人民法院受案范围的行政案件，人民法院发现没有管辖权的，应当告知当事人向有管辖权的人民法院起诉；已经立案的，应当移送有管辖权的人民法院。对于不属于复议前置的案件，人民法院不得以当事人的起诉未经行政机关复议为由不予立案或者不接收起诉材料。当事人的起诉可能超过起诉期限的，人民法院应当进行认真审查，确因不可抗力或者不可归责于当事人自身原因耽误起诉期限的，人民法院不得以超过起诉期限为由不予立案。
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