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《中华人民共和国水法》第四十八条规定:“当事人对行政处罚不服的,可以在接到处罚通知之日起15日内,向作出处罚决定书的上一级机关申请复议;对复议不服的,可以在接到复议之日起15日内,向人民法院起诉,当事人也可以在接到处罚通知之日起,直接向人民法院起诉。”如果当事人对行政处罚不服,直接向人民法院起诉,经人民法院审查,认为符合法律的起诉条件,决定受理的案件,人民法院立案后,就具有对该案件的审判权利和义务。诉讼双方当事人由此也取得了原告和被告的诉讼地位。水行政机关就应以被告的身份进行行政诉讼的应诉工作。
Article 48 of the Water Law of the People’s Republic of China stipulates: “If a party is dissatisfied with an administrative penalty, he may apply for reconsideration to the organ at the next higher level within 15 days of receiving the notification of the punishment; , They may institute legal proceedings in the people’s court within 15 days after receiving the reconsideration, and the parties may also directly institute legal proceedings in the people’s court upon receipt of the notification of the punishment. ”If the parties are directly opposed to the administrative penalty and sue directly to the people’s court, After the people’s court scrutinizes the lawsuit that meets the conditions of lawsuit and decides to accept the case, the people’s court has the right and obligation to trial the case after filing the case. Thus both parties to the litigation have also obtained the legal status of the plaintiff and the defendant. The water administrative organ should act as a defendant in administrative litigation responding to the work.