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人民法院保护行政管理相对人的诉权,可分审查起诉时的保护与审理过程中的保护。所谓在审查起诉时保护当事人的诉权,是指凡是符合法定起诉条件的,就应及时立案受理,切实防止因工作的疏忽,将应予受理的行政争议而未予受理,致使当事人告状无门,诉权丧失。为此,人民法院审查起诉的部门和承办人员应树立为提起诉讼当事人负责、办实事的观点,认真接待来访或投诉的当事人,问明和记载有关情况,以极端负责的精神加以处理,必要时提请审判委员会讨论决定。为了保护诉权,起诉审查时应正确把握以下四个方面:
The people’s court protects the rights of the counterparty in administrative management and can examine the protection during the prosecution and the protection during the trial. The so-called protection of litigants in the prosecution of litigation refers to all those who meet the conditions of legal prosecution, it should be promptly accepted on filing, and effectively prevent due to negligence of work, should be accepted for administrative disputes and not accepted, resulting in the parties complain, Loss of right of action. For this reason, the departments and contractors who examine and prosecute people’s courts should take the view that they are responsible and do practical things in litigating litigants, earnestly receive the parties concerned who have visited or complained of, and explain and record the relevant circumstances, handle them in an extremely responsible manner, and draw proposals when necessary Judicial Committee to discuss the decision. In order to protect the right of action, the following four aspects should be correctly handled in the prosecution review: