THỰC TRẠNG QUY ĐỊNH CỦA LUẬT TỐTỤNG HÀNH CHÍNH VỀ TRẢ LẠI ĐƠN KHỞI KIỆN VỤ ÁN HÀNH CHÍNH VÀ KIẾN NGHỊ HOÀN THIỆN

Abstract

Initiating an administrative lawsuit is the right of individuals, agencies and organizations violated by administrative complaints to request the Court to protect their legitimate rights and interests. However, not every case is accepted by the Court to resolve the administrative case, but there are cases that the Court has to return the lawsuit petitions. Returning the lawsuit petitions has a great impacton the legitimate rights and interests of individuals, agencies and organizations. However, returning the administrative lawsuit petitions is a subject that still has many problems from both a legal perspective and a law application perspective, causing difficulties in handling and supervising the handling of the administrative case. In this article, the authors focus on clarifying the current status of the provisions of the Administrative Procedure Law on returning lawsuit petitions. On that basis, the article points out some limitations and inadequacies in the provisions of the Law on Administrative Procedures on returning lawsuit petitions and proposes a number of recommendations to improve the provisions of the Law on Administrative Procedures on returning lawsuit petitions