What are the main ways of administrative remedies What are the main ways of administrative remedies

The avenues for administrative remedies are:

2. Litigation remedies: Where the counterparty believes that a specific administrative act of an administrative organ infringes upon its legitimate rights and interests, and files a lawsuit with the people's court, the people's court shall clear the remedy for revoking the illegal act and ordering compensation for the damage caused.

3. Other ways.

[Legal basis].Article 2 of the Administrative Litigation Law.

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

2) Legislative Remedies. The counterpart shall appeal to the people's congress and request relief for the administrative infringement of the party and its staff. (3) Reconsideration relief.

Reconsideration relief refers to the fact that the counterpart believes that a specific administrative act infringes upon its lawful rights and interests, and appeals to the level above the level above the specific administrative act or the special agency set up by it to request relief. (4) Litigation Remedies. Litigation relief refers to the remedy way in which the counterpart believes that a specific administrative act infringes upon its legitimate rights and interests, files a lawsuit with the people, and the people review the specific administrative act being sued, and revoke the illegal action, and order compensation for the damage caused by the cause.

Legal basis: Article 6 of the Administrative Punishment Law of the People's Republic of China Citizens, legal persons or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally imposing administrative punishments, they have the right to submit a claim for compensation in accordance with the Law of Prudence.

The main avenues for administrative remedies are:

Administrative reconsideration: Administrative reconsideration is an activity and system in which a person who has a legal interest in an administrative act believes that the transfer of an administrative act made 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 the legality and reasonableness of the applied administrative act in accordance with the law and makes a frank and rude decision.

Administrative litigation: refers to a system whereby citizens, legal persons, or other organizations believe that the specific administrative acts carried out by organs and organizations exercising state administrative power and their staffs have violated their legitimate rights, and file a lawsuit with the people's court in accordance with the law, and the people's court, with the participation of the parties and other litigation participants, shall review and make a judgment on the specific administrative act being sued in accordance with the law, so as to resolve administrative disputes.

State compensation: compensation that state organs and their functionaries shall give in accordance with law if they cause damage to the personal rights or property rights of citizens, legal persons and other organizations due to the exercise of their powers.

Legal basis: Article 2 of the Administrative Litigation Law of the People's Republic of China: Citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and staff of administrative organs infringe upon their lawful rights and interests have the right to file a lawsuit in the people's courts in accordance with this Law.

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

Article 2 of the Administrative Reconsideration Law of the People's Republic of China This Law shall apply to citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests and submit an application for administrative reconsideration to an administrative organ, and the administrative organ shall accept the application for administrative reconsideration and make an administrative reconsideration decision.

Article 2 of the State Compensation Law of the People's Republic of China: Where state organs and their functionaries infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the exercise of their functions and powers as provided for in this Law, and cause damages, the victims shall have the right to obtain state compensation in accordance with this Law.

The organs with compensation obligations provided for in this Law shall promptly perform their compensation obligations in accordance with this Law.

At present, the main administrative remedies in China are:

1) Monitoring Relief. The counterpart appeals to the administrative supervision department of the ** system for administrative infringement and requests relief.

2) Legislative Remedies. The counterpart shall appeal to the people's congress and request relief for relief against the administrative infringement of the administrative organ and its staff.

(3) Reconsideration relief. Reconsideration remedies can be called administrative remedies as opposed to court remedies, and court remedies can be called litigation remedies or judicial remedies.

(4) Litigation Remedies. Litigation relief refers to a remedy in which the counterpart believes that a specific administrative act of an administrative organ infringes upon its lawful rights and interests, and files a lawsuit with the people's court, and the people's court reviews the specific administrative act being sued, revokes the illegal act, and orders compensation for the damage caused.

Legal basis] Article 25 of the Administrative Litigation Law, the counterpart of an administrative act and other citizens, legal persons or other organizations that have an interest in the administrative act have the right to initiate litigation.

In the event of the death of a citizen who has the right to file a lawsuit, his close relatives may file a lawsuit.

Where a legal person or other organization that has the right to initiate litigation is terminated, the legal person or other organization that inherits its rights may initiate litigation.

In the course of performing their duties, the people's procuratorate discovers that an administrative organ with oversight and management duties in areas such as the protection of the ecological environment and resources, food and drug safety, the protection of state-owned property, and the transfer of state-owned land use rights has illegally exercised its authority or failed to act;

Where the national interest or societal public interest is infringed upon, a procuratorial recommendation shall be made to the administrative organ to urge them to perform their duties in accordance with law. Where government organs that have leaked the chain do not perform their duties in accordance with law, the people's procuratorate is to initiate litigation in the people's courts in accordance with law.