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2018-02-20 13:42:11行政机关对不准予执行的裁定有异议,在十五日内向上一级人民法院申请复议的,上一级人民法院应当在收到复议申请之日起三十日内作出裁定。Where the administrative organs have objections to a ruling to not permit enforcement, and apply for a reconsideration to the people's court at the level above within 15 days, the people's court at the level above shall make a ruling within 30 days of receiving the application for reconsideration.2
2018-02-20 13:05:25(四)其他明显违法并损害被执行人合法权益的情形。(4) Other circumstances that obviously violate law and impair the lawful rights and interests of the person subject to enforcement.2
2018-02-20 13:04:55(三)明显缺乏法律、法规依据的;(3) There is a clear lack of basis in laws and regulations;2
2018-02-20 13:04:41(二)明显缺乏事实根据的;(2) there is a clear lack of factual basis;2
2018-02-20 13:04:34(一)实施主体不具有行政主体资格的;(1) the enforcing entity does not have standing as an administrative entity;2
2018-02-20 12:59:31人民法院依职权追加作出原行政行为的行政机关或者复议机关为共同被告的,对原行政行为或者复议决定可以作出相应判决。Where the people's courts add the administrative organ that made the original administrative act or a reconsideration organ as a co-defendant in accordance with its functions and powers, it may make corresponding judgments on the original administrative act or reconsideration decision.2
2018-02-20 12:58:54行政复议决定既有维持原行政行为内容,又有改变原行政行为内容或者不予受理申请内容的,作出原行政行为的行政机关和复议机关为共同被告。Where the administrative reconsideration decision has content both sustaining the original administrative act and has content modifying the original administrative act or content not accepting the application, the administrative organ taking the original administrative act and the reconsideration organ are joint defendants.2
2018-02-20 12:58:21人民法院审理因人民检察院抗诉或者检察建议裁定再审的案件,不受此前已经作出的驳回当事人再审申请裁定的限制。In retrial cases heard by the people's courts due to the people's procuratorate's complaint appeal or procuratorial recommendation for a ruling for retrial, limits on previously rejected applications for retrial from the parties do not apply.2
2018-02-20 12:51:57人民法院收到再审检察建议后,应当组成合议庭,在三个月内进行审查,发现原判决、裁定、调解书确有错误,需要再审的,依照行政诉讼法第九十二条规定裁定再审,并通知当事人;经审查,决定不予再审的,应当书面回复人民检察院。After the people's court receives a procuratorial recommendation for retrial, it shall form a collegial panel and conduct a review within three months, and where the original judgments, rulings or mediation documents are found to be in error and retrial is necessary, a ruling for a retrial is to be made in accordance with the provisions of Article 92 of the Administrative Procedure Law, and notice given to the parties; where after review it is decided not to hold a retrial, a written response shall be made to the people's procuratorate.2
2018-02-20 12:44:07人民法院审理再审案件应当围绕再审请求和被诉行政行为合法性进行。The people's courts hearing retrial cases shall proceed focusing on the retrial demands and the legality of the administrative act being sued.2
2018-02-20 12:43:52人民法院按照审判监督程序再审的案件,发生法律效力的判决、裁定是由第一审法院作出的,按照第一审程序审理,所作的判决、裁定,当事人可以上诉;发生法律效力的判决、裁定是由第二审法院作出的,按照第二审程序审理,所作的判决、裁定,是发生法律效力的判决、裁定;上级人民法院按照审判监督程序提审的,按照第二审程序审理,所作的判决、裁定是发生法律效力的判决、裁定。In cases where people's courts follow the trial supervision procedures for retrial, where judgments or rulings which have taken legal force were made by the first-instance trial court, follow the first-instance trial procedures at trial, and parties may appeal all judgments or rulings made; where the judgments or rulings which have taken legal force were made by the second-instance trial court, follow the second-instance trial procedures at trial, and all judgments or rulings made are legally effective judgments and rulings; where a higher people's court at a higher level brings the case for trial in accordance with the trial supervision procedures, follow the second-instance trial procedures at trial, and all judgments or rulings made are legally effective judgments and rulings.2
2018-02-20 12:43:36上级人民法院决定提审或者指令下级人民法院再审的,应当作出裁定,裁定应当写明中止原判决的执行;情况紧急的,可以将中止执行的裁定口头通知负责执行的人民法院或者作出生效判决、裁定的人民法院,但应当在口头通知后十日内发出裁定书。Where the higher level people's court decides to bring it for trial or order the lower level people's court to hold a retrial, it shall make a ruling and the ruling shall clearly indicate that enforcement of the original judgment is suspended; where the situation is urgent, they may orally inform the people's courts responsible for enforcement, or that made the effective judgment or ruling, of the suspension, but a written ruling shall be issued within 10 days of giving the oral notice.2
2018-02-20 12:37:59行政诉讼法第二十九条规定的第三人,因不能归责于本人的事由未参加诉讼,但有证据证明发生法律效力的判决、裁定、调解书损害其合法权益的,可以依照行政诉讼法第九十条的规定,自知道或者应当知道其合法权益受到损害之日起六个月内,向上一级人民法院申请再审。Where third parties provided for in article 29 of the Administrative Litigation Law did not participate in litgation on the grounds that the matter was not attributable to them, but there is evidence showing that a legally effective judgment, ruling, mediation document has harmed their lawful rights and interests, they may follow the provisions of article 90 of the Administrative Litigation Law to apply for retrial with the people's court at the level above, within 6 months from when they knew or should have known that their rights were harmed.2
2018-02-20 12:16:53当事人对由国务院、省级人民政府批准设立的开发区管理机构作出的行政行为不服提起诉讼的,以该开发区管理机构为被告;对由国务院、省级人民政府批准设立的开发区管理机构所属职能部门作出的行政行为不服提起诉讼的,以其职能部门为被告;对其他开发区管理机构所属职能部门作出的行政行为不服提起诉讼的,以开发区管理机构为被告;开发区管理机构没有行政主体资格的,以设立该机构的地方人民政府为被告。Where parties initiate litigation due to dissatisfaction with administrative acts made by bodies whose approval was established by the State Council or provincial level people's governments to administer development zones, the body administering the development zone is the defendant; where litigation is initiated due to dissatisfaction with administrative acts made by subordinate functional departments of bodies whose approval was established by the State Council or provincial level people's governments to administer development zones, that functional department is the defendant; and litigation intiated due to dissatisfaction with the adminstrative acts of the subordinate functional departments of other bodies administrating development zones, the administrative body is the defendant; and where the body administrating the development zone does not have standing as an administrative entity, the local people's government that established that body is the defendant.2
2018-02-20 12:16:38债权人以行政机关对债务人所作的行政行为损害债权实现为由提起行政诉讼的,人民法院应当告知其就民事争议提起民事诉讼,但行政机关作出行政行为时依法应予保护或者应予考虑的除外。Where creditors initiate administrative litigation regarding the administrative acts taken by the debtor that harm their creditor rights, the people's courts shall inform them to initiate civil litigation regarding the civil dispute, except where the administrative organ should have given protection or consideration when taking its administrative act. 2