What are the scope of administrative reconsideration?

The Administrative Reconsideration Law stipulates that under 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 a decision made by an administrative organ 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, 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;

Article 7: Citizens, legal persons, or other organizations that believe that the following provisions on which a specific administrative act of an administrative organ is based are unlawful, may submit an application for review of the provisions to the administrative reconsideration organ when applying for administrative reconsideration of the specific administrative act:

a) the provisions of the *** department;

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

3) Provisions for the people of townships and towns.

The provisions listed in the preceding paragraph do not include the rules of ministries and committees and the rules of local people. The review of rules and regulations shall be handled in accordance with laws and administrative regulations.

What is the scope of administrative reconsideration?

Legal Analysis: Scope of Administrative Reconsideration:

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 the production of a group, 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 a decision made by an administrative organ 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 for the celebration are met, and the administrative organ applies for the issuance of a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to the 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 does not issue it in accordance with 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 alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, barren or cavernous land, 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, 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;

The scope of acceptance of administrative reconsideration includes: the parties are dissatisfied with the administrative penalty decision; refusing to comply with the decision of the early order of the government to take compulsory measures; dissatisfaction with the administrative licensing decision; Those who are dissatisfied with the decision to confirm the ownership or use of natural resources; and where it is found that other specific administrative acts infringe 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 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 made by administrative and purely 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 alteration, cautiousness, 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 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;

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 the legality and rationality of the applied administrative act and makes a decision in accordance with the law. Scope of administrative reconsideration: 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 compulsory measures made by administrative organs restricting personal liberty or sealing, seizing, or freezing assets; Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, or other certificates; Refusing to accept the decision made by the administrative organ on confirming the rights or use rights of the people erected by the owners of natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas; Finding that an administrative organ has violated its lawful operational autonomy; Where it is found that an administrative organ has changed or abolished an agricultural contract, infringing upon its lawful rights and interests; Where it is found that an administrative organ has illegally raised funds, expropriated property, apportioned expenses, or illegally demanded the performance of other obligations; Where it is found that the statutory requirements are met, and the administrative organ applies for the issuance of a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to the administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law.

Legal basis: Article 6 of the Administrative Reconsideration Law 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 a decision made by an administrative organ 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, 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;

Legal Analysis: Scope of Application for Administrative Reconsideration:

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 the alteration, suspension, or revocation of permits, licenses, qualification certificates, or other certificates made by administrative organs;

4) Refusing to accept a decision made by an administrative organ 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, requisitioned stools and dates to collect 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 does not issue it in accordance with law;

Legal basis: Article 6 of the Administrative Reconsideration Law of the People's Republic of China stipulates that under 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 a decision made by an administrative organ 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, 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;

Legal analysis: Administrative reconsideration is an activity and system in which a person with a legal interest in an administrative act believes that the administrative act made by the administrative organ infringes upon his legitimate rights and interests, and applies for reconsideration to the administrative organ with statutory authority in accordance with the law, and the reconsideration organ reviews the legality and reasonableness of the applied administrative act and makes a decision in accordance with the law. Scope of administrative reconsideration:

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 compulsory measures made by administrative organs; Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, or other certificates; Refusing to accept a decision made by an administrative organ 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; Finding that an administrative organ has violated its lawful operational autonomy; It is found that the administrative slag-paying organ has changed or abolished the agricultural contract, infringing on its lawful rights and interests; Where it is found that an administrative organ has illegally raised funds, expropriated property, apportioned expenses, or illegally demanded the performance of other obligations; Where it is found that the statutory requirements are met, and the administrative organ applies for the issuance of a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to the administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law.

Legal basis: Article 6 of the Administrative Reconsideration Law 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 a decision made by an administrative organ 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 the administrative organ applies for the issuance of permits, licenses, qualification certificates, qualification certificates, or other certificates, or applies to the 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 bridge pension or social insurance fund or minimum subsistence allowance in accordance with law, but the administrative organ has not issued it in accordance with law;