Fortune Telling Collection - Fortune-telling birth date - Is Ciyun Temple in Genting Mountain qualified as a plaintiff?
Is Ciyun Temple in Genting Mountain qualified as a plaintiff?
About the plaintiff. Item (1) of Article 41 of the Administrative Procedure Law of the People's Republic of China stipulates that "the plaintiff is a citizen, legal person or other organization that believes that a specific administrative act infringes upon his lawful rights and interests". Judging from the above provisions, the plaintiff must be the administrative object of the administrative organ. In general, the plaintiff in administrative litigation is the object of specific administrative actions, but sometimes, the impact of specific administrative actions on rights and obligations is not limited to the object, but often involves other citizens, legal persons or organizations. Although Article 27 of the Administrative Procedure Law of the People's Republic of China stipulates that "other citizens, legal persons or organizations who have an interest in the specific administrative act that brings a lawsuit may apply to participate in the lawsuit as a third party, or be notified by the people's court", if the counterpart of the specific administrative act does not bring a lawsuit, the parties who have an interest in the specific administrative act will not be able to participate in the lawsuit as a third party, and their legitimate rights and interests will not be able to obtain judicial relief. Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as "Several Explanations") stipulates that "citizens, legal persons or other organizations with legal interests in specific administrative acts may bring administrative proceedings according to law if they are not satisfied with the act", and "with legal interests in specific administrative acts" means that the rights and obligations of specific administrative acts have occurred or have occurred, so as a plaintiff, As long as a specific administrative act has or will have a practical impact on the rights and obligations of citizens, legal persons and other organizations, it shall be deemed that the citizens, legal persons and other organizations have a legal interest, and the citizens, legal persons and other organizations are qualified as plaintiffs. In this case, although the charging behavior of the management office of Genting Shicheng Scenic Area in Jintang County is directly aimed at tourists who go to Chaoshan for pilgrimage, it does not directly point to Ciyun Temple in Genting Mountain. This behavior has actually affected the income of the temple and the life of monks. Therefore, there is a legal interest between the charging behavior of the management office of Genting Shicheng Scenic Area in Jintang County and Genting Ciyun Temple. According to Article 12 of Several Explanations, "If a citizen, legal person or other organization that has a legal interest in a specific administrative act refuses to accept the act, it may bring an administrative lawsuit according to law", Ciyun Temple in Yundingshan has the right to bring an administrative lawsuit.
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