Whether an administrative lawsuit or administrative reconsideration may be initiated for an administ

OK. China mainly stipulates two kinds of liability for illegal administrative factual acts: one is criminal liability.

If an administrative factual act causes major harm to a citizen's person or property, and the administrative personnel who bear primary responsibility constitute a crime, they shall bear corresponding criminal responsibility. The second is liability. Article 2 of China's State Compensation Law stipulates:

In addition to stipulating the above two types of liability for violations, China's Administrative Litigation Law and State Compensation Law are powerless to deal with the existence of illegal administrative acts. This is because according to the current law, an administrative factual act is not a legal act, and no administrative reconsideration or administrative lawsuit can be filed against it, and it is not a private law act of an administrative subject, nor can a civil lawsuit be brought against it.

Legal Analysis: The defendant in an administrative lawsuit in which an administrative reconsideration organ changes the original specific administrative act is the reconsideration organ.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 26: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, the administrative organ that took the administrative act is the defendant.

In cases that have been reconsidered, where the reconsideration organ decides to uphold the original administrative act, the administrative organ that took the original administrative act and the reconsideration organ are joint defendants; Where the reconsideration organ changes the original administrative act, the reconsideration organ is the defendant.

Where the reconsideration organ does not make a reconsideration decision within the legally-prescribed time limit, and citizens, legal persons, or other organizations sue the original administrative act, the administrative organ that took the original administrative act is the defendant; If the reconsideration organ sues Huiyou for inaction, the reconsideration organ is the defendant.

Where two or more administrative organs take the same administrative act, the administrative organ that jointly took the administrative act is a joint defendant.

The administrative organ entrusted by the administrative organ is the defendant in the act of obstructing the administration of the government.

Where an administrative organ is revoked or its authority is changed, the administrative organ that continues to exercise its authority is the defendant.

Those who are dissatisfied with the following specific administrative acts may apply for administrative reconsideration:

1. Administrative penalties.

2. Administrative coercive measures.

3. Alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, and other certificates.

4. Which file is the administrative confirmation of power?

5. Infringement of business autonomy.

6. Interfering with agricultural contracts.

7. Illegal fundraising, expropriation, apportionment and other acts requiring the performance of obligations.

8. Do not issue permits, licenses and other permits.

9. Failure to perform the protection of personal rights, property rights, or the right to education.

10. Failure of administrative organs to issue pensions, social insurance funds, or minimum subsistence allowances in accordance with law.

11. Other specific administrative acts.

There are two main types of cases in which administrative reconsideration can be initiated: first, public security administrative punishment cases; The first category is administrative cases involving natural resources, that is, citizens, legal persons or other organizations that believe that a specific administrative act of an administrative organ infringes upon the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas that they have acquired in accordance with the law, they shall first apply for administrative reconsideration.

Legal analysisThe connection and difference between administrative litigation and administrative reconsideration: administrative reconsideration refers to the act of a party dissatisfied with an administrative disposition applying to the original disposition organ or a higher-level administrative organ to review the original disposition and re-disposing it, and it is an act of the administrative reconsideration organ to deliberate on the original administrative disposition decision and maintain, modify or revoke the original administrative disposition decision according to the appeal of the counterpart. The combination of administrative reconsideration and administrative litigation constitutes the whole process of resolving administrative disputes.

For some administrative cases in which administrative litigation can be filed against an administrative reconsideration decision, administrative reconsideration has become a pre-procedure for administrative litigation, and whether or not administrative reconsideration has been passed has become a content that must be examined by the people's courts when accepting administrative cases, but there are also great differences between administrative litigation and administrative reconsideration: (1) the handling organs are different. It is the administrative organ that handles administrative reconsideration, and the organ that handles administrative litigation is the people's court.

2) The legal attributes of the processing behavior are different. The reconsideration acts of administrative organs are judicial administrative acts, and the acts of the people's courts hearing administrative cases are judicial acts. and (3) the legal nature of the processing procedure is different.

The procedure for administrative reconsideration by an administrative organ is an administrative procedure, while the procedure for a people's court to hear an administrative case is a litigation procedure.

Legal basis"Administrative Litigation Law of the People's Republic of China" Article 44: In administrative cases that fall within the scope of the people's courts, citizens, legal persons, or other organizations may first apply to the administrative organs for reconsideration, and where they are not satisfied with the reconsideration decision, they may file a lawsuit in the people's courts; You can also file a lawsuit directly with the people's court. Where laws or regulations provide that an application for reconsideration shall be made to an administrative organ first, and where a lawsuit is filed in a people's court after being dissatisfied with the reconsideration decision, follow the provisions of the laws and regulations.

There are two main types of cases in which a lawsuit is filed with the people's court after administrative reconsideration and then dissatisfied with the reconsideration decision: first, public security administrative punishment cases; The second is an administrative case involving natural resources, that is, if a citizen, legal person or other organization believes that a specific administrative act of an administrative organ infringes upon the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas that it has acquired in accordance with the law, it shall first apply for administrative reconsideration;

As long as it is not a matter that should be reconsidered in advance as prescribed by law, an administrative lawsuit may be directly filed without administrative reconsideration. Prereconsideration prerequisites include:

1. Where a citizen, legal person or other organization believes that a specific administrative act of an administrative organ infringes upon the ownership or right to use natural resources such as land, mine-to-mine reform, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas that it has acquired in accordance with the law, it shall first apply for administrative reconsideration; Those who are dissatisfied with the administrative reconsideration decision may file an administrative lawsuit with the people's court in accordance with law.

2. In the event of a dispute between a taxpayer, a withholding agent, a tax guarantor and the tax authorities, they must first pay or release the taxes and overdue fines or provide corresponding guarantees in accordance with the tax payment decisions of the tax authorities, and then they can apply for administrative reconsideration in accordance with the law.

3, the audited unit is dissatisfied with the audit decision, should be received within 15 days from the date of receipt of the audit decision to apply for reconsideration to the audit institutions at the next level, can not directly to the people's court to sue, this is the audit administrative reconsideration pre-provisions.

4. Pre-examination by the Patent Reexamination Board.

5. Concentration of undertakings.

6. Penalties for violating the law.

Administrative Review Law

Article 14: Those who are dissatisfied with the specific administrative acts of the departments or the people of the provinces, autonomous regions, and municipalities directly under the Central Government shall apply for administrative reconsideration to the departments that took the specific administrative acts or the people's people of the provinces, autonomous regions, and municipalities directly under the Central Government. Those who are dissatisfied with the administrative reconsideration decision may file a lawsuit with the people's court; You can also apply to *** for administrative reconsideration, and the administrative reconsideration decision made by *** is final.

Article 30 Where a citizen, legal person or other organization believes that a specific administrative act of an administrative organ has violated the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas that it has already acquired, it shall first apply for administrative reconsideration; Those who are dissatisfied with the administrative reconsideration decision may file a lawsuit with the people's court in accordance with law.

Regulations on the Administration of Tax Collection

Article 56 In the event of a dispute between a taxpayer, a withholding agent, a tax guarantor and the tax authorities over the payment of taxes, they must first pay or release the taxes and overdue fines in accordance with the provisions of the laws and administrative regulations, and then apply to the tax authorities at the next higher level for reconsideration within 60 days from the date of receipt of the payment vouchers filled out by the tax authorities. The tax authority at the next higher level shall make a reconsideration decision within 60 days from the date of receipt of the reconsideration application. Those who do not have a source service for the reconsideration decision may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision.