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ANNOUNCEMENT OF THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA REGARDING SCOPE OF ACCEPTANCE OF ADMINISTRATIVE LITIGATION CASES |
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(Interpretation No. 6 [2004] , July 13, 2004: Adopted by the Judicial Committee of the Supreme People's Court at the 1318th meeting on July 6, 2004; shall come into force as of July 20, 2004)
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SUBJECT : SCOPE OF ACCEPTANCE OF ADMINISTRATIVE LITIGATION CASES |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 07/13/2004 |
IMPLEMENT DATE : 07/20/2004 |
LENGTH : 134 words |
TEXT : |
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We have received your court's "Request for Instructions on Whether the Administrative Act committed by an Administrative Organ according to the Assistance Enforcement Notice of the People's Court Falls within the Acceptance Scope of Administrative Lawsuits of the People's Court". Upon discussion, we hereby make the following reply:
The administrative organs' act committed by an administrative organ according to the assistance enforcement notice of the people's court is a statutory assistance obligation of the administrative organ, it doesn't fall within the acceptance scope of administrative lawsuits of the people's court. However, if a party concerned asserts that the administrative organ exceeds the scope when it offers assistance to the enforcement or illegally takes action and causes any damage to it, and thus it brings an administrative lawsuit, the people's court shall accept the case.
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