Model text for retrial of administrative cases in

2022-08-02
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Model of administrative judgment (for retrial of administrative cases)

sample of court litigation documents 100

×××× People's court

administrative judgment

(for retrial of administrative cases)

( ××××)× Line zaizi No ×× No.

protest authority ×××× The people's Procuratorate (if there is no protest, this item shall not be written)

the plaintiff in the original trial (or the appellant in the original trial)... (specify the name and other basic information)

the defendant in the original trial (or the appellee in the original trial)... (specify the name and other basic information)

the third person... (indicate the name or other basic information)

(except for the appellation of the parties, the format of the list and basic information of the parties and other litigation participants is the same as that of the administrative judgment of first instance.)

plaintiff in the original trial (or appellant in the original trial) ××× With the defendant of the original trial (or the appellee of the original trial) ×××…… The court (or ×××× People's court) on ×××× year ×× month ×× It can measure and record the characteristic curve of the material in the process of impact instantaneously ××××) that 's ok × Zidi ×× No. administrative judgment has taken legal effect (specify the basis for retrial). The proportion of collegial panel formed by the court according to law: 2.13 (2) The 167g/cm court held a public (or private) session to hear the case (specify the parties, agents, etc. who are present in court. 3. When the tensile test is conducted), attend the court and participate in the litigation. The trial of this case has been concluded (if the court session has not been held, write "the court has formed a collegial panel to hear this case according to law, and the trial is now concluded")

... (summarize the main contents of the effective judgment of the original trial; briefly describe the protest reasons of the procuratorial organ, or the main points of the parties' statements or appeals)

after the retrial, it is found that... (specify the facts and evidence confirmed in the retrial)

the court believes that... (mainly demonstrate whether the laws and regulations applicable to the effective judgment of the original trial are correct, whether the reasons for the protest of the procuratorate or the appeal of the parties are tenable, and clarify the reasons why the judgment should be changed, how to change the judgment, or still maintain the original judgment). According to the provisions of... (specify the legal terms on which the judgment is based), the judgment is as follows:

... [specify the judgment result. There are three situations:

first, if all the judgments are changed, write:

"I. cancel the court (or ×××× People's court) ×××× year ×× month ×× Day( ××××)× that 's ok × Zidi ×× Administrative judgment No

II,... (indicate the contents of the revised judgment. If there are many contents, it can be written separately). "

second, if the judgment is partially revised, write:

"I. maintain the court (or ×××× People's court) ×××× year ×× month ×× Day( ××××)× that 's ok × Zidi ×× Administrative judgment No × Item, that is... (specify the specific contents of maintenance)

II. Cancellation of the court (or ×××× People's court) ×××× year ×× month ×× Day( ××××)× that 's ok × Zidi ×× Administrative judgment No × Item, that is... (specify the specific contents of the partial revision)

III.... (indicate the contents of partial revision. If there are many contents, it can be written separately). "

third, if the original judgment is still upheld, write:

"upheld the court (or ×××× People's court) ×××× year ×× month ×× Day( ××××)× that 's ok × Zidi ×× Administrative judgment No. "]

... (if the burden of the litigation costs of the original trial is changed due to the total or partial revision of the judgment, specify who shall bear the litigation costs of the original trial or how the two parties shall share them)

... (in case of retrial according to the procedure of first instance, it shall be stated that "if you are not satisfied with this judgment, you may submit a petition of appeal to this court within 15 days from the date of service of the judgment, and submit copies according to the number of the other party, and appeal at ×××× People's court ". If the case is retried according to the procedure of second instance or brought up for trial by a higher court, it shall be indicated that "this judgment is the final judgment.")

presiding judge ×××

judge ×××

judge ×××

×××× year ×× month ×× Japanese

(seal of the hospital)

this document is verified to be the same as the original

clerk ×××

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