Who can be the respondent of an administrative review?

To become an respondent, the following conditions must be met:

First, it should be an administrative organ, and it should be an administrative organ with external management functions (including some organizations authorized by laws and regulations to perform administrative management functions), and its common feature is that it has external administrative management functions, and although the Administration of Organ Affairs of the Supervision Department is also an administrative organ, it will not become the respondent of administrative reconsideration because it does not exercise external management functions;

Second, the applicant has carried out a specific administrative act that the applicant believes infringes upon its legitimate rights and interests, that is to say, there is a necessary causal relationship between the specific administrative act carried out by the administrative organ (including organizations authorized by laws and regulations) and the applicant's request for reconsideration; If the applicant does not carry out the specific administrative act alleged by the applicant, or the act carried out has no causal relationship with the request for reconsideration, it cannot become the respondent of the administrative reconsideration;

Third, the reconsideration organ confirms and notifies the applicant to participate in the administrative reconsideration, indicating that the administrative reconsideration organ has accepted the applicant's application for reconsideration and has determined that the administrative organ or organization is the respondent.

The respondent refers to the administrative organ where the applicant believes that its lawful rights and interests have been infringed, and the reconsideration organ notifies it to participate in the reconsideration. Specifically, if a citizen, legal person or other organization is dissatisfied with a specific administrative act of an administrative organ and applies for administrative reconsideration, the administrative organ that took the specific administrative act is the respondent.

Where citizens, legal persons, or other organizations are dissatisfied with a specific administrative act of an administrative organ and apply for administrative reconsideration, the administrative organ that took the specific administrative act is the respondent. Specifically, the respondent refers to the administrative organ that the applicant believes has violated its legitimate rights and interests, and the reconsideration organ notifies it to participate in the reconsideration.

Legal analysis: The respondents of administrative reconsideration are as follows: 1. If a citizen, legal person or other organization is dissatisfied with a specific administrative act of an administrative organ and applies for administrative reconsideration in accordance with the provisions of the "Administrative Reconsideration Law" and the "Regulations for the Implementation of the Administrative Reconsideration Law", the administrative organ that made the specific administrative act is the respondent.

2. Where an administrative organ and an organization authorized by laws or regulations make a specific administrative act in a common name, the administrative organ and the organization authorized by laws or regulations are joint respondents. Where an administrative organ and other organizations take a specific administrative act in a common name, the administrative organ is the respondent. 3. Where a lower-level administrative organ takes a specific administrative act in accordance with the provisions of laws, regulations, and rules, and with the approval of the higher-level administrative organ, the approving organ is the respondent.

4. Where a dispatched agency, internal organization, or other organization established by an administrative organ makes a specific administrative act in its own name without authorization from laws or regulations, the administrative organ is the respondent.

Legal basis: Article 11 of the "Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China" Where a citizen, legal person or other organization is dissatisfied with a specific administrative act of an administrative organ and applies for administrative reconsideration in accordance with the provisions of the Administrative Reconsideration Law and these Regulations, the administrative organ that took the specific administrative act is the respondent. Article 12: Where an administrative organ and an organization authorized by laws or regulations take a specific administrative act in a common name, the administrative organ and the organization authorized by laws or regulations are joint respondents.

Where an administrative organ and other organizations take a specific administrative act in a common name, the administrative organ is the respondent. Article 13: Where lower-level administrative organs take specific administrative acts in accordance with the provisions of laws, regulations, and rules, and with the approval of the higher-level administrative organs, the approving organ is the respondent. Article 14: Where a dispatched agency, internal body, or other organization established by an administrative organ makes a specific administrative act in its own name without authorization from laws or regulations, the administrative organ is the respondent.

According to Article 12 and Article 14 of the Regulations for the Implementation of the Administrative Reconsideration Law, the respondents of administrative reconsideration are as follows:

1. Where a citizen, legal person or other organization is dissatisfied with a specific administrative act of an administrative organ and applies for administrative reconsideration in accordance with the provisions of the Administrative Reconsideration Law and these Regulations, the administrative organ that took the specific administrative act is the respondent;

2. Where an administrative organ and an attack organization authorized by laws or regulations make a specific administrative act in the same name, the administrative organ and the organization authorized by laws or regulations are joint respondents;

3. Where an administrative organ and other organizations take a specific administrative act in a common name, the administrative organ is the respondent;

4. Where a lower-level administrative organ makes a specific administrative act in accordance with the provisions of laws, regulations, and rules, and with the approval of the higher-level administrative organ, the approving organ is the respondent;

5. Where a dispatched agency, internal body, or other organization established by an administrative organ makes a specific administrative act in its own name without the authorization of the laws and regulations, the administrative organ is the respondent.

1. What is the time limit for applying for administrative reconsideration?

Article 15 of the Regulations for the Implementation of the Administrative Reconsideration Law stipulates that the calculation of the time limit for applying for administrative reconsideration as stipulated in the first paragraph of Article 9 of the Administrative Reconsideration Law shall be handled in accordance with the following provisions:

1) Where a specific administrative act is taken on the spot, it is calculated from the date on which the specific administrative act is taken;

2) Where legal documents indicating specific administrative acts are directly served, it is calculated from the date on which the recipient signs for receipt;

3) Where legal documents indicating specific administrative acts are served by mail, it is calculated from the date on which the recipient signs on the mail receipt; If there is no mail receipt, it is calculated from the date on which the recipient signs the receipt of service;

4) Where specific administrative acts are notified to the recipient in the form of a public announcement in accordance with law, it is calculated from the date on which the period provided for in the announcement is completed;

5) Where an administrative organ fails to notify a citizen, legal person, or other organization when taking a specific administrative act, and gives a supplemental notice afterwards, it is to be calculated from the date on which the citizen, legal person, or other organization receives the notification of the administrative organ's supplemental notification;

6) Where the respondent can prove that citizens, legal persons, or other organizations were aware of the specific administrative act, it is calculated from the date on which the evidence proves that they knew of the specific administrative act.

Where an administrative organ takes a specific administrative act and fails to deliver a legal document that should be served on the relevant citizen, legal person, or other organization in accordance with law, it is deemed that the citizen, legal person, or other organization is unaware of the specific administrative act.

The respondent of administrative reconsideration includes, according to different circumstances, the administrative organ that took the specific administrative act, the administrative organ that took the specific administrative act in the common name and the authorized organization, the higher-level organ that approved the administrative act of the lower-level administrative organ, and the administrative organ that was assigned to take the administrative act.

Article 10 of the Administrative Reconsideration Law stipulates that if a citizen, legal person or other organization is dissatisfied with a specific administrative act of an administrative organ and applies for administrative reconsideration, the administrative organ that took the specific administrative act is the respondent. The applicant and the third party may entrust a person to participate in the administrative reconsideration on their behalf.

According to the provisions of the Administrative Reconsideration Law, the scope of the respondent for administrative reconsideration includes the following:

1) Citizens, legal persons or other organizations are dissatisfied with the administrative acts of the administrative organs and apply for reconsideration, and the administrative organs that have taken the specific administrative acts are the respondents.

2) Where two or more administrative organs have taken a specific administrative act in a common name, the administrative organ that jointly took the specific administrative act is a joint respondent. The subjects who jointly take a specific administrative act must all be administrative subjects, and if it is a simple situation in which an administrative subject and another non-administrative entity jointly make a specific administrative act, it cannot be regarded as a joint respondent, and a non-administrative entity may be regarded as a third party in administrative reconsideration.

3) Where an organization authorized by laws or regulations takes a specific administrative act, the organization is the respondent. It should be noted that the administrative rules formulated by departments and local governments cannot authorize non-administrative organizations to exercise administrative powers.

4) Where an organization entrusted by an administrative organ takes a specific administrative act, the entrusted administrative organ is the respondent. Because the entrusted organization itself does not have statutory authorization, but only exercises administrative power on behalf of the administrative organ based on the entrustment of the administrative organ, the entrusting organ should naturally be the respondent in the dispute arising from the act of the entrusted organization.

5) If a specific administrative act is taken with the approval of the administrative organ at a higher level, the administrative organ that signs the administrative decision is the applicant of Xiangtan. Because approval is an internal act of an administrative organ, for citizens, legal persons or other organizations, the organ that directly takes a specific administrative act against it is the respondent of administrative reconsideration.

6) Where a local people's ** lawfully established dispatched organ at or above the county level takes a specific administrative act, the people of the dispatched organ are the respondents. For example, if a regional administrative office established by the people of a province or autonomous region ** makes a specific administrative act, the administrative office is the respondent, and the province or autonomous region ** cannot be the respondent.

7) If a dispatched agency established by the work department in accordance with the law makes a specific administrative act, if the laws, regulations or rules expressly authorize the dispatched agency to take the specific administrative act in its own name, the dispatched agency is the respondent. Otherwise, the administrative organ that established the dispatched office is the respondent.

8) Where the administrative organ that took the specific administrative act is revoked, the administrative organ that continues to exercise its functions and powers is the respondent. If the original administrative functions and powers have been abolished or changed and no longer fall within the jurisdiction of the administrative organ, the administrative organ that abolished the administrative organ shall be the respondent.