The causes of administrative cases are divided into: as cases, as cases and administrative compensation cases.

Two, the elements of the cause of action of administrative cases and determination methods

The causes of administrative cases are divided into: as cases, as cases and administrative compensation cases. The determination method is as follows:

(a) as the elements of the cause of action of such cases and the determination method.

The basic method to determine the cause of action as a class of cases is to divide the categories of cases, with the scope of administrative management as "category" and the category of specific administrative acts as the structure. The structure of the cause of action should have the following two elements:

1. Administrative scope. The scope of administrative management refers to the field where administrative subjects manage administrative affairs on behalf of the state. Taking the scope of administrative management as the first element of the cause of action of administrative cases, administrative cases are preliminarily divided into administrative disputes such as "public security", "industry and commerce" and "taxation", which are distinguished from each other.

Under normal circumstances, the scope of administrative management is the first element of the cause of action, and it does not need to be classified and then decomposed, such as customs, family planning, taxation, etc. , and "customs", "family planning" and "tax" directly as the first element of the cause of action; For individual areas with relatively broad administrative scope, such as public security management, it can be subdivided into public security management and fire management. , and the specific administrative scope can be refined and decomposed, with "public security" and "fire protection" as the first constituent clauses. Whether it should be decomposed should be based on the actual situation of the case and the principle of concise and clear expression.

2. Types of specific administrative acts. Taking the type or nature of specific administrative acts such as "administrative punishment", "administrative license" and "administrative confirmation" as the second element of the cause of action. The manifestations of specific administrative acts such as fines and detention in administrative punishment do not appear as constitutive elements, but are replaced by "administrative punishment".

The cause of action of administrative cases is divided into three levels, and the cause of action is determined according to the accused administrative act.

1. When determining the cause of action of an administrative case, the court shall first apply the three-level cause of action;

2. If there is no corresponding third-level cause of action, the second-level cause of action shall apply;

3. The secondary cause of action still has no corresponding name, and the primary cause of action is applicable. For example, the cause of action for suing an administrative organ for administrative penalty of fine can only be identified as "fine" according to the third-level cause of action, and the second-level or first-level cause of action cannot be applied.

legal ground

Article 2 of the Administrative Procedure Law stipulates that citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this law if they think that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests. The administrative acts mentioned in the preceding paragraph include administrative acts made by organizations authorized by laws, regulations and rules.

Article 69 If the evidence of an administrative act is conclusive, the applicable laws and regulations are correct and conform to legal procedures, or the reasons for the plaintiff to apply for the defendant to perform legal duties or pay obligations are not established, the people's court shall rule to reject the plaintiff's claim.

Article 70 If an administrative act is under any of the following circumstances, the people's court shall make a judgment to cancel it or partially cancel it, or may order the defendant to make another administrative act:

(a) the main evidence is insufficient;

(two) the application of laws and regulations is wrong;

(3) Violating legal procedures;

(four) beyond the authority;

(5) abuse power for personal gain;

(6) Obviously inappropriate.