Why is it said that the scope of administrative reconsideration is larger than that of administrati

The scope of administrative reconsideration is larger than that of administrative litigation, and there are three main points; 1. The scope of administrative litigation is based on "specific administrative acts", and abstract administrative acts are excluded from all cases. Administrative reconsideration, on the other hand, includes the limited part of abstract administrative acts into the scope of reconsideration, and the so-called part refers to non-legislative normative documents other than laws and regulations; The so-called limited means that when the applicant cannot directly apply for reconsideration against an abstract administrative act, but can only be dissatisfied with a specific administrative act, he may also request a review of the abstract administrative act on which the specific administrative act is based. 2. When a people's court accepts an administrative litigation case, it usually only examines the legality of a specific administrative act, while the reconsideration organ examines not only the legality of a specific administrative act, but also the reasonableness of a specific administrative act.

3. In principle, in administrative litigation, only the personal rights and property rights of citizens, legal persons, and other organizations are justiciable only if they are violated by specific administrative acts, while administrative reconsideration extends the criteria from personal rights and property rights to legitimate rights and interests, which are obviously broader than personal rights and property rights, and also include the legal rights enjoyed by all citizens, such as the right to labor, the right to rest, and the right to education.

The scope of administrative reconsideration is greater than the scope of administrative litigation. The specific situation is analyzed as follows:

1. Where it is within the scope of administrative litigation, it must be within the scope of administrative reconsideration; However, if it falls within the scope of administrative reconsideration, it may not necessarily fall within the scope of administrative litigation;

2. The scope of administrative litigation is limited to personal rights and property rights: In addition to the infringement of personal rights and property rights by administrative acts, the scope of administrative reconsideration also includes the infringement of the right to education and other rights.

Difference Between Administrative Litigation and Administrative Reconsideration:

1. The procedures applicable to the two are different. Administrative litigation shall be subject to administrative litigation procedures; Administrative reconsideration procedures apply;

2. The organs accepting the two are not the same. Xingkai's lawsuit against Lu Zheng shall be accepted by the court, and the administrative reconsideration shall be accepted by the administrative organ;

3. The nature of dispute resolution between the two is different. The people's courts' handling of administrative litigation cases is a judicial act, and the handling of administrative disputes by administrative reconsideration is an administrative act.

Legal BasisArticle 2 of the Administrative Litigation Law of the People's Republic of China.

"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.

1. Specific administrative acts that may apply for administrative reconsideration may be made.

1. Refusing to accept an administrative punishment decision made by an administrative organ;

2. Refusing to accept the decision of administrative compulsory measures made by an administrative organ.

When a citizen, legal person or other organization considers that the following provisions on which a specific administrative act of an administrative organ is based are unlawful, when applying for administrative reconsideration of a specific administrative act, it may submit an application for review of the provisions to the administrative reconsideration organ at the same time:

1) Departmental regulations;

2) The regulations of the local people's posture at or above the county level and their work departments;

3) Provisions for the people of townships and towns.

However, the above provisions do not include the rules of the ministry, the committee and the local people. The review of rules and regulations shall be handled in accordance with laws and administrative regulations.

Administrative reconsideration cannot be filed for the following matters:

1) Those who are dissatisfied with the administrative punishment or other personnel handling decisions made by the administrative organs shall file an appeal in accordance with the provisions of relevant laws and administrative regulations;

2) If you are not satisfied with the mediation or other reasons made by the administrative organ for civil disputes, you shall apply for arbitration or file a lawsuit with the court in accordance with the law.

II. The scope of administrative litigation acceptance.

The courts shall not accept lawsuits brought by citizens, legal persons or other organizations on the following matters:

1) National defense, foreign affairs and other state acts;

2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs with general binding force;

3) Decisions on rewards and punishments, appointments and dismissals of administrative staff of administrative organs;

4) Specific administrative acts that are subject to the final adjudication by the administrative organ as prescribed by law.