I. The scope of accepting cases in administrative litigation is as follows
1. thinks that specific administrative acts (including omissions) infringe upon his personal rights and property rights;
2. Other cases that can be brought to the people's court according to laws and regulations, except those involving national defense, foreign affairs and other state acts; Administrative regulations, rules or universally binding decisions and orders formulated and promulgated by administrative organs; The administrative organ's decision on rewards and punishments, appointment and dismissal of the staff of the administrative organ; No administrative proceedings may be brought against a specific administrative act finally made by an administrative organ according to law.
Second, the writing method of the indictment
1, header. Including the title, the identity of the parties (including agents and representatives), the cause of action, etc. The title should indicate the nature of the case and the name of the document, such as "criminal complaint", "civil complaint" or "administrative complaint". The parties include the plaintiff and the defendant. When writing, the name, gender, age, nationality, native place, occupation, work unit and address shall be stated in the order of plaintiff first and defendant later. If it is an organ, organization, enterprise or institution, the full name, location, name and position of the legal representative of the unit shall be stated. The cause of action should indicate the name of the case, such as divorce, inheritance, damages, etc.
2, the text. Including the request, facts and reasons. The litigation request shall specify the specific matters of requesting the court to resolve disputes over civil, criminal or administrative rights and interests, such as divorce from the defendant, compensation for losses, performance of the contract, etc. Facts and reasons should first state the facts of infringement or crime and the specific content of the dispute between the two sides, and clearly state the time, place, personnel, means, course of the plot, consequences and harm, respective responsibilities and substantive differences. Then, explain the reasons according to the facts and evidence. The specific writing can be divided into two parts: write the facts first, and then write the reasons. It can also be divided into two parts, depending on the situation.
3. Tail. Write a separate line at the bottom of the text to indicate the delivery authority, and then sign or seal at the bottom right to indicate the specific year, month and day. If it is a lawyer or other person, the author's name and work unit should be stated.
4. Appendix. The number of copies of the complaint, the type, name and quantity of the evidence, and the name and address of the witness shall be clearly stated.
Third, the problems that should be paid attention to in writing the indictment
1, writing a complaint must meet the conditions prescribed by law. If the criminal complaint is only applicable to criminal cases of private prosecution, the people's procuratorate shall make an indictment when filing a public prosecution.
2. The content of the complaint should be based on facts, take the law as the criterion, and reflect the spirit of being justified.
3. The claim shall be written clearly, concretely, exhaustively and concisely.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 119
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.