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Guiding Case No. 22: Wei Yonggao and Chen Shouzhi v. People's Government of Laian County (Land use right retraction dispute)

Guiding Case No. 22: Wei Yonggao and Chen Shouzhi v. People's Government of Laian County(Land use right retraction dispute)



(Issued on November 8, 2013, as adopted by the Judicial Committee of the Supreme People's Court after deliberation) (最高人民法院审判委员会讨论通过 2013年11月8日发布)

Guiding Case No. 22 指导案例22号
Keywords: 关键词
Administrative lawsuit; scope of cases accepted; official reply 行政诉讼 受案范围 批复
Judgment's Key Points 裁判要点
The issuance of official replies by a local people's government to requests for instructions submitted by its administrative agencies is generally an internal administrative action, and no lawsuits may be filed for such actions. However, where an administrative agency directly implements an official reply, actually affecting the rights and obligations of the opposite party in its administration, and the opposite party files a lawsuit against the official reply, the people's court should accept the lawsuit according to the law. 地方人民政府对其所属行政管理部门的请示作出的批复,一般属于内部行政行为,不可对此提起诉讼。但行政管理部门直接将该批复付诸实施并对行政相对人的权利义务产生了实际影响,行政相对人对该批复不服提起诉讼的,人民法院应当依法受理。
...... 相关法条

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