Non Administrative Action Is Not The Scope Of Administrative Litigation Adjustment.

Case: in 1995, a housing management office applied to a public housing tenant, Ms. Yan, to pfer the house to third person Wang Mei, and signed a 1857 public housing lease contract with Wang Mei.

Ms. Yan is Wang's sister-in-law, the third Wang Mei is the plaintiff Wang's elder sister.

In April 15, 1999, Wang was told to the court by a housing authority that the administrative behavior of the defendant to change the public rental contract violated his rents.

The plaintiff complained that the defendant had changed the public housing lease contract for a long time in the disputed house, and did not let him know it, so that the contradiction of the original housing dispute was intensified. Moreover, Wang Mei did not comply with the lessee's conditions. Therefore, the alteration procedure was not legal, and requested the court to revoke the 1857 public housing signed by the defendant and Wang Mei in accordance with the law.

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The defendant argued that the plaintiff did not live in the disputed house. In the winter of 1994, he refused to listen to the warning and refused to move out without affecting the original residence of the original tenant and other residents.

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There is no dispute between the defendant and Yan Mou. Now the lessee is in the field, retired to Shanghai, has no formal housing, and has a disabled child returning to Shanghai. After that, disabled children can work.

According to the provisions of the documents of the Municipal Housing Authority, the application is approved by the Housing Authority after investigation and verification, so the change of the public housing lease contract is lawful, and the court is requested to maintain it, and the original request is rejected.

The third argued that the respondent obtained

It is lawful and effective. The plaintiff arbitrarily occupied the house and infringed the lawful rights and interests of the third and the same people. For this reason, the court requested the court to maintain the lease contract signed by the plaintiff.

After hearing the court, the court held that: if an administrative lawsuit was brought to the people's court for refusing to accept the specific administrative act, it must have the conditions for prosecution in administrative litigation, that is, it is in line with the jurisdiction of the people's court.

Although the defendants in this case exercise administrative power over urban housing, they do not have the administrative nature and do not belong to the specific administrative act unilaterally in administrative activities. They should not be part of administrative litigation adjustment.

Therefore, the lawsuit filed by the plaintiff Wang did not conform to the conditions for prosecution in the administrative litigation, and the ruling was ordered to reject the prosecution of the plaintiff Wang, and the case acceptance fee was borne by the plaintiff.

Lawyer analysis: today is a new theory of the old case. Such cases will not be accepted if they are brought to court at present.

Now for housing management departments, sign, change public housing rental contract and other acts do not belong to administrative behavior, has reached a consensus.

So the court did not accept it.

But there are no similar cases. Yes, there are.

It is in the form of civil cases.

According to the specific circumstances of the case, the prosecution shall be prosecuted to the court in the form of "removal of obstruction", "invalidation of contract", and request for revocation.

If "

"On the basis of the premise that the housing management department makes a designation, it can also be prosecuted.

When the lessee disputes with his residence, he usually takes the "exclusion of obstruction" as a demand to prosecute.

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