What is the scope of matters that can be applied for administrative reconsideration?

According to Article 6 of the Administrative Reconsideration Law, the circumstances under which a party may apply for reconsideration usually include: administrative penalties; administrative coercive measures; administrative licensing; Finding that an administrative organ has infringed upon its lawful operational autonomy; Where it is found that an administrative organ has illegally raised funds, apportioned expenses, or illegally demanded the performance of other obligations; Where it is found that other specific administrative acts of an administrative organ infringe upon their lawful rights and interests.

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 and 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 the decision made by the administrative organ on the alteration, suspension or revocation of permits, licenses, qualification certificates, qualification certificates and other certificates;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or use right of natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

5) Believing that the administrative organ has infringed upon the legitimate right to operate independently;

7) Where it is found that an administrative organ has illegally raised funds, collected property, apportioned expenses, or illegally demanded the performance of other obligations;

8) Where it is found that the statutory conditions are met, and the administrative organ applies for the issuance of permits, licenses, qualification certificates, qualification certificates, and other certificates, or applies to the administrative organ for examination and approval and registration of relevant matters, but the administrative organ does not handle it in accordance with law;

9) Where an application is made to an administrative organ to perform a statutory 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 pension, social insurance or minimum subsistence allowance in accordance with law, but the administrative organ fails to issue it in accordance with law;

An applicant for administrative reconsideration may, at the same time as initiating a reconsideration of a specific administrative act, submit a request for review of the administrative provisions on which the specific administrative act is based. The administrative regulations that can be requested for review refer to: the provisions of the department, the regulations of the local people at or above the county level and their work departments, and the provisions of the township people.

Measures for the review of administrative rules shall be handled in accordance with laws and administrative regulations.

2.Exclusions from administrative reconsideration.

Administrative reconsideration cannot be filed for the following matters:

1) Administrative sanctions or other personnel handling decisions of administrative organs. Disputes arising from these decisions shall be appealed in accordance with the provisions of laws and administrative regulations. The laws and regulations mentioned here mainly refer to the interim regulations on state civil servants.

2) Mediation or other handling of civil disputes by administrative organs. For disputes arising from these dispositions, the parties may apply for arbitration or file a lawsuit in the people's court in accordance with the law. Civil disputes handled by administrative organs include mediation presided over by judicial assistants and civil affairs assistants of township and town sub-district offices, mediation of labor disputes by labor departments, and mediation of public security disputes by public security departments.

Scope of application for administrative reconsideration: (1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of illegal gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of licenses, 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 modification, suspension, or revocation of permits, licenses, qualification certificates, or other such certificates. Article 6 of the Administrative Reconsideration Law stipulates that under any of the following circumstances, a citizen, legal person or other organization may apply for administrative reconsideration in accordance with this Law:

1) Refusing to accept an administrative punishment decision made by an administrative organ such as a warning, a fine, confiscation of unlawful gains, confiscation of illegal property, an order to suspend production and business of the first preparatory regiment, a temporary seizure or revocation of a permit, a temporary seizure or revocation of a license, or administrative detention; (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 modification, suspension, or revocation of permits, licenses, qualification certificates, or other such certificates. (4) Refusing to accept a decision made by an administrative organ to confirm 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 the sovereignty of a lawful business operator; (6) Where it is considered that an administrative organ has violated its lawful rights and interests by altering or abolishing an agricultural contract; (7) Where it is found that an administrative organ has illegally raised funds, expropriated property, assessed expenses, or illegally demanded the performance of other obligations; (8) Where it is found that the legally-prescribed requirements are met, and the administrative organ applies for an administrative organ to issue a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ does not handle 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 fails to do so in accordance with law; (11) Where it is found that other specific administrative acts of an administrative organ have violated their lawful rights and interests.

In accordance with 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 the administrative punishment's decision to impose a warning, fine, confiscation of illegal gains, confiscation of illegal property, order to suspend production and business, temporary seizure or revocation of permits, suspension or revocation of licenses, administrative detention, or other administrative punishment decisions made by administrative organs; (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 modification, suspension, or revocation of permits, licenses, qualification certificates, or other such certificates. (4) Refusing to accept a decision made by an administrative organ to confirm 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; (6) Where it is considered that an administrative organ has violated its lawful rights and interests by altering or abolishing an agricultural contract; (7) Where it is found that the administrative organs have infiltrated the illegal fundraising, expropriated property, 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 fails to do so in accordance with law; (11) Where it is found that other specific administrative acts of an administrative organ have violated their lawful rights and interests.

Legal Analysis: Warnings, fines, confiscation of illegal gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of licenses, temporary seizure or revocation of licenses and other administrative punishment decisions made by industrial and commercial organs, such as administrative compulsory measures such as sealing, seizure, and freezing of assets, and changes or suspends the relevant permits, licenses, qualification certificates, qualification certificates, and other certificates made by industrial and commercial organs. Those who are dissatisfied with the revocation of the decision that the industrial and commercial organs have violated the lawful business autonomy and believe that the industrial and commercial organs have illegally raised funds, expropriated property, assessed expenses, or illegally demanded the performance of other obligations are deemed to meet the statutory requirements, and apply to the industrial and commercial organs for the issuance of permits, licenses, qualification certificates, qualification certificates and other certificates, or apply to the administrative organs for examination and approval and registration of relevant matters, and the administrative organs have not handled the application in accordance with the law for the industrial and commercial organs to perform their statutory duties. Where the industrial and commercial organs have not performed in accordance with law, and they find that other specific administrative acts of the administrative organs have infringed upon their lawful rights and interests.

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 modification, suspension, or revocation of permits, licenses, qualification certificates, or other such certificates.

4) Refusing to accept a decision made by an administrative organ on confirming 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, assessed expenses, or illegally demanded the performance of other obligations;

(8) Where it is found that the legally-prescribed requirements are met, and the administrative organ applies for an administrative organ to issue a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ does not handle 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 fails to do so in accordance with law;

Legal Analysis: Refusing to accept administrative punishment decisions made by industrial and commercial organs such as warnings, fines, confiscation of illegal gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of licenses, or suspension or revocation of licenses;

refusing to accept the decision of the industrial and commercial organ to seal, seize, freeze assets or other administrative compulsory measures;

Refusing to accept the decision made by the industrial and commercial authorities on the alteration, suspension or revocation of permits, licenses, qualification certificates, qualification certificates and other certificates;

It is believed that the industrial and commercial organs have infringed upon the legitimate right to operate independently;

Where it is found that the industrial and commercial organs have illegally raised funds, collected property, apportioned expenses, or illegally demanded the performance of other obligations;

Where it is found that it meets the statutory requirements, and applies to the industrial and commercial organs for the issuance of permits, licenses, qualification certificates, qualification certificates, and other certificates, or applies to the administrative organs for examination and approval, or for matters related to the destruction of the registration of the company, but the administrative organs have not handled it in accordance with the law;

Applying for the performance of statutory duties by the industrial and commercial key authority, but the industrial and commercial organ fails to perform it in accordance with the law;

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 modification, suspension, or revocation of permits, licenses, qualification certificates, or other such certificates.

(4) Refusing to accept a decision made by an administrative organ to confirm 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, assessed expenses, or illegally demanded the performance of other obligations;

(8) Where it is found that the legally-prescribed requirements are met, and the administrative organ applies for an administrative organ to issue a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ does not handle 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 fails to do so in accordance with law;