Does the health administrative review apply to the principle of regulation?

In practice, the principle of mediation should refer to the principle of conciliation.

According to the relevant provisions, the principle of mediation shall apply to administrative reconsideration, and as long as one of the circumstances stipulated in Article 50 of the "Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China" is met, the administrative reconsideration organ may conduct mediation in accordance with the principles of voluntariness and legality.

Article 50: In any of the following circumstances, the administrative reconsideration organ may conduct mediation in accordance with the principles of voluntariness and legality:

1) Where citizens, legal persons, or other organizations are dissatisfied with specific administrative acts taken by administrative organs in the exercise of their discretionary powers as provided for by laws and regulations, and apply for administrative reconsideration;

2) Administrative compensation or administrative compensation disputes between the parties.

If the parties reach an agreement through mediation, the administrative reconsideration organ shall draft an administrative reconsideration mediation document. The mediation document shall clearly state the request for administrative reconsideration, the facts, the reasons and the results of the mediation, and shall be stamped with the seal of the administrative reconsideration organ. The administrative reconsideration mediation document shall have legal effect upon the signature of both parties.

If the mediation fails to reach an agreement or one party repents before the mediation agreement takes effect, the administrative reconsideration organ shall make an administrative reconsideration decision in a timely manner.

The principle of mediation generally does not apply to administrative reconsideration.

The "mediation" asked by the landlord should be "mediation".

According to the theory of previous years, mediation is not applicable to the settlement of administrative disputes (including administrative litigation and administrative reconsideration).

However, in recent years, the judicial department has gradually recognized and partially tried administrative mediation to resolve administrative disputes.

The basic principles of health administrative review are:

1. The principle of legality. It means that the subject performing the reconsideration duty must be lawful, and the basis and procedure for hearing the reconsideration case must be lawful.

2. The principle of fairness and openness. Administrative reconsideration organs are required to be fair and upright in hearing reconsideration cases, and not to disclose the basis and procedures for private reconsideration.

3. The principle of timeliness. A basic code of conduct for reconsideration organs to complete the trial of reconsideration cases within the time limit permitted by law, with efficiency as the goal.

4. The principle of convenience for the people. Administrative reconsideration activities are required to facilitate the administrative counterpart's access to such administrative remedies and not cause unnecessary losses to the administrative counterpart.

The conditions for health administrative reconsideration are: the existence of a clear applicant and a respondent who meets the requirements; There is an interest between the applicant and the specific administrative act; There is a specific request for administrative reconsideration and reasons; within the statutory application period; It falls within the scope of administrative reconsideration as stipulated in the Administrative Reconsideration Law; Other conditions.

Legal basis: Article 28 of the Regulations for the Implementation of the Administrative Reconsideration Law Article 28 An application for administrative reconsideration shall be accepted if it meets the following requirements:

1) There is a clear applicant and a respondent who meets the requirements;

2) The applicant has an interest in the specific administrative act;

3) There is a specific request for administrative reconsideration and reasons for replying;

4) within the statutory application period;

5) The order falls within the scope of administrative reconsideration as provided for in the Administrative Reconsideration Law;

6) It is within the scope of the duties of the administrative reconsideration body that receives the application for administrative reconsideration;

7) Other administrative reconsideration organs have not yet accepted the same application for administrative reconsideration, and the people's courts have not yet accepted an administrative lawsuit filed by the same entity on the same facts.

Legal analysis: health administrative reconsideration is the health administrative reconsideration organ of the health administrative law enforcement organs of the specific law enforcement acts of the review, and to make an administrative reconsideration ruling, the review is mainly on the health administrative law enforcement organs of the specific law enforcement of the legality and appropriateness of the only or silver trial.

Legal basis: refers to the "Administrative Reconsideration Law of the People's Republic of China" Article 3 The administrative organs that perform administrative reconsideration duties in accordance with this Law are administrative reconsideration organs. The organs responsible for legal work of administrative reconsideration organs shall specifically handle administrative reconsideration matters and perform the following duties in group processions:

1) Accept applications for administrative reconsideration; (2) Investigate and collect evidence from relevant organizations and personnel, and consult documents and materials; (3) To examine the legality and appropriateness of the specific administrative acts applying for administrative reconsideration, and to formulate administrative reconsideration decisions; (4) Handling or transferring applications for review of the relevant provisions listed in Article 7 of this Law; (5) Submit recommendations for handling administrative organs' violations of the provisions of this Law in accordance with the scope of authority and procedures provided; (6) Handling matters in response to administrative litigation arising from dissatisfaction with administrative reconsideration decisions; (7) Other duties provided for by laws and regulations.

Legal analysis: health administrative reconsideration is the health administrative reconsideration organ of the health administrative law enforcement agency to review the specific law enforcement acts, and to make an administrative reconsideration decision, the review is mainly to the health administrative law enforcement agencies of the specific law enforcement acts of the legality and appropriateness of the trial.

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 3 The administrative organs that perform administrative reconsideration duties in accordance with this Law are administrative reconsideration organs. The organs responsible for the legal work of the administrative reconsideration organs shall specifically handle administrative reconsideration matters and perform the following duties:

1) Accept applications for administrative reconsideration; (2) Investigate and collect evidence from relevant organizations and personnel, and consult documents and materials; (3) Examine whether the specific history of the application for administrative reconsideration refers to the legality and appropriateness of the administrative acts, and formulate administrative reconsideration decisions; (4) Handling or transferring applications for review of the relevant provisions listed in Article 7 of this Law; (5) Make recommendations on handling violations of the provisions of this Law by administrative organs in accordance with the scope of authority and procedures provided; (6) Handling matters in response to administrative litigation arising from dissatisfaction with administrative reconsideration decisions; (7) Other duties provided for by laws and regulations.

1. What are the conditions for health administrative reconsideration?

2) There should be a clear respondent;

3) There should be a specific request for reconsideration and a factual basis;

4) It shall fall within the scope of administrative reconsideration acceptance stipulated in the Administrative Reconsideration Law of the People's Republic of China;

5) An application for reconsideration shall be made within the statutory time limit.

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 to seal, seize, or freeze 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 the decision made by the administrative organ of Jiqing on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

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, 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. How long is the time limit for health administrative reconsideration?

The time limit for hearing health administrative reconsideration is 60 days. Administrative reconsideration is an activity and system in which a person who has a legal interest in an administrative act believes that an administrative act taken by an administrative organ infringes upon his legitimate rights and interests, and applies for reconsideration to an administrative organ with statutory authority in accordance with the law, and the reconsideration organ examines and makes a decision on the legality and rationality of the applied administrative act in accordance with the law.

The conditions for health administrative reconsideration are as follows: (1) There is a clear applicant and a respondent who meets the requirements; (2) The applicant has an interest in the specific administrative behavior; (3) There is a specific request for administrative reconsideration and reasons; 4) within the statutory application period; (5) It falls within the scope of administrative reconsideration stipulated in the Administrative Reconsideration Law; (6) It is within the scope of the duties of the administrative reconsideration body that receives an application for administrative reconsideration; 7) Other administrative reconsideration organs have not yet accepted the same application for administrative reconsideration, and the people's courts have not yet accepted an administrative lawsuit filed by the same entity on the same facts. Article 28 of the Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China.