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After receiving the application, the administrative reconsideration organ shall, within 5 days, inform the applicant of the following circumstances:
One is that the application complies with the law and is accepted;
The second is that the application does not comply with the provisions of the law, and the applicant is notified in writing that it will not be accepted;
The third type is that the application complies with the provisions of the law, but is not accepted by the organ, and the applicant shall be informed to apply to the administrative organ with jurisdiction. The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; However, the time limit for administrative reconsideration provided for by law is less than 60 days. Where the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the responsible person of the administrative organ, and the applicant and the respondent shall be notified, but the extension period shall not exceed 30 days.
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Legal analysis: The application for administrative reconsideration of traffic violations generally has a result within 60 days, and the laws of our country stipulate that the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of acceptance of the application; However, the time limit for administrative reconsideration provided for by law is less than 60 days.
Legal basis: Road Traffic Safety Law of the People's Republic of China
Article 88 The types of punishments for road traffic safety violations include: warnings, fines, suspension or revocation of motor vehicle driving licenses, and detention.
Article 89 Where pedestrians, passengers, or drivers of non-motor vehicles violate the provisions of road traffic safety laws and regulations on road traffic, they shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan, and if the driver of a motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained.
Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.
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The law of our country stipulates that the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; However, the time limit for administrative reconsideration provided for by law is less than 60 days.
Legal basis: Road Traffic Safety Law of the People's Republic of China
Article 88 The types of punishments for road traffic fraud and safety violations include: warnings, fines, suspension or revocation of motor vehicle driver's licenses, and detention.
Article 89 Where pedestrians, passengers, or drivers of non-motor vehicles violate the provisions of road traffic safety laws and regulations on road traffic, they shall be given a warning or a fine of not less than 5 yuan but not more than 50 yuan, and if the driver of a motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained.
Article 90 Where a driver of a motor vehicle violates the provisions of road traffic safety laws and regulations on road traffic, he shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions. Hail Sakura.
Millions of car purchase subsidies.
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1. How long does it take to reconsider traffic violations?
1. The time limit for applying for administrative reconsideration of traffic violations is generally 60 days. If a citizen, legal person or other organization believes that a penalty decision for traffic violations infringes upon its lawful rights and interests, it may submit a written or oral application for reconsideration within 60 days of knowing the penalty decision.
2. Legal basis: Article 6 of the Administrative Reconsideration Law of the People's Republic of China.
In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production or business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative punishment decisions;
2. Refusing to accept an administrative organ's decision to restrict personal liberty or sealing, seizing, or freezing assets;
3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;
4) Refusing to accept a decision made by an administrative organ to confirm the ownership of natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, sea areas, etc., or the right to use them;
5) Where it is found that an administrative organ has violated its lawful operational autonomy;
7) Where it is found that an administrative organ has illegally raised funds, expropriated property, or apportioned expenses, or illegally demanded the performance of other obligations;
8) Where it is found that the legally-prescribed requirements are met, and an application is made to an administrative organ for the issuance of a permit, license, qualification certificate, qualification certificate, or other such certificate, or an application to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law;
9) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or the right to education, but the administrative organ fails to perform it in accordance with law;
10) Where an application is made to an administrative organ for the issuance of a bereavement pension, social insurance fund, or minimum subsistence allowance in accordance with law, but the administrative organ does not issue it in accordance with law;
2. What is the process for applying for reconsideration of traffic violations?
1. Within 15 days after receiving the penalty notice, the party concerned shall appeal to the competent public security organ or the public security traffic management agency at the next higher level;
2. After receiving the complaint, the relevant organ shall make a ruling within five days, and if the party concerned submits a complaint beyond the prescribed time limit, it shall be handled as a letter or visit from the people, and the facts, reasons and reconsideration requirements of the application shall be stated in the application, and the staff of the legal department will conduct a closed-draft investigation in accordance with the law and make an administrative reconsideration decision;
3. If the parties are not satisfied with the ruling, they may file a lawsuit with the local people's court within 5 days after accepting the notice. The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of acceptance;
4. The materials for administrative reconsideration include: application for administrative reconsideration, copies of identity documents, driver's licenses, driving licenses, copies of the "Administrative Penalty Decision" or "Voucher of Compulsory Measures of Public Security Organs", and the person for administrative reconsideration of traffic violations must provide the applicant's "Power of Attorney" materials and other information.
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The time limit for administrative reconsideration of traffic violations is within 60 days. However, the time limit for administrative reconsideration provided for by law is less than 60 days. If the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the responsible person of the administrative reconsideration organ.
1. It is illegal to fail to reply within the time limit for administrative reconsideration.
Generally speaking, an application for reconsideration is accepted from the date of receipt by the reconsideration organ. The reconsideration organ shall make a reconsideration decision within 60 days from the date of acceptance of the application, except where the law provides for less than 60 days. Where the circumstances of the case are complicated and an extension is required, an extension of up to 30 days may be granted with the approval of the responsible person for the reconsideration organ, and the parties are to be informed.
If the administrative reconsideration organ fails to do so within the time limit, it constitutes a violation of the law and an act of administrative inaction.
2. The time limit for the administrative organ's review of the application.
The response period is generally 60 days, but can be extended by up to 30 days in complicated cases. According to the relevant laws and regulations, the time limit for an administrative organ to reply to an application is 60 days from the date of application for administrative reconsideration organ, and if the situation is complicated, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, but the extension period shall not exceed 30 days.
3. When the administrative reconsideration decision takes effect.
Administrative reconsideration decision refers to a reconsideration case in which an administrative organ concludes its trial in accordance with the procedures stipulated in the Administrative Reconsideration Law;
In accordance with laws, legal search rules, rules, and generally binding decisions and orders issued by superiors, a written decision is made on the specific issues of the whole case.
The Administrative Reconsideration Law of the People's Republic of China stipulates that an administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of acceptance of the application; However, the time limit for administrative reconsideration provided for by law is less than 60 days.
If the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be notified; However, the extension period shall not exceed 30 days.
Once the decision of the general administrative reconsideration document is served, it will take legal effect. After the administrative reconsideration organ makes a reconsideration decision, it shall serve it on the parties in accordance with law.
If a party is dissatisfied with an administrative reconsideration decision, it may file an administrative lawsuit in accordance with law. If the law stipulates that the reconsideration decision is final, the administrative reconsideration document and decision will take legal effect once it is served.
Article 31 of the Administrative Reconsideration Law of the People's Republic of China.
The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; However, the time limit for administrative reconsideration provided by law is less than 60 days. If the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be notified; However, the extension period shall not exceed 30 days.
When an administrative reconsideration organ makes an administrative reconsideration decision, it shall prepare an administrative reconsideration decision document and affix a seal.
Once the administrative reconsideration decision is served, it will take legal effect.
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It takes 60 days to make an administrative reconsideration decision on a traffic penalty, which is calculated from the date on which the administrative reconsideration organ accepts the application; However, where the situation is complicated and a reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended, but not more than 30 days.
[Legal basis].
Article 31 of the Administrative Reconsideration Law of the People's Republic of China.
The administrative reconsideration organ shall, within 60 days from the date of acceptance of the application, make an administrative reconsideration decision; However, the time limit for administrative reconsideration provided for by law is less than 60 days. If the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be notified; However, the extension period shall not exceed 30 days.
When an administrative reconsideration organ makes an administrative reconsideration decision, it shall prepare a written decision on administrative reconsideration and affix a seal.
Once the administrative reconsideration decision is served, it will take legal effect.
Article 32.
The respondent shall perform the administrative reconsideration decision.
If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the administrative reconsideration organ or the relevant administrative organ at a higher level shall order it to perform within a time limit.
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