What should be done if the administrative organ is dissatisfied with the administrative reconsiderat

The Administrative Reconsideration Law stipulates that "if an administrative reconsideration organ orders the respondent to take a new specific administrative act, the respondent shall not take a specific administrative act that is the same or basically the same as the original specific administrative act on the same facts and grounds." ”

It can be seen that the administrative organ that has taken the administrative act should comply with the administrative reconsideration made by the higher level.

1. The second paragraph of Article 48 of the Regulations for the Implementation of the Administrative Reconsideration Law stipulates that if an administrative organ at a higher level finds that the reasons for rejecting an application for administrative reconsideration are not sustained, it shall order it to resume the trial. Therefore, it can be reported to the higher authorities.

2. The rejection of an administrative reconsideration is equivalent to a specific administrative act taken by the reconsideration organ and may file a lawsuit with the court.

3. Regarding the subject of litigation: Article 42 of the Administrative Reconsideration Regulations of Shandong Province stipulates that when the applicant is dissatisfied with the decision of the administrative reconsideration organ to reject the application for administrative reconsideration and initiates an administrative lawsuit, if the laws and regulations do not stipulate that administrative reconsideration is a necessary procedure for initiating an administrative lawsuit, an administrative lawsuit shall be filed against the specific administrative act for which the administrative reconsideration is applied; Where laws and regulations stipulate that administrative reconsideration is a necessary procedure for initiating an administrative lawsuit, an administrative lawsuit may be filed against the specific administrative act for which administrative reconsideration is applied, and an administrative lawsuit may also be instituted against a decision made by an administrative reconsideration organ to reject an application for administrative reconsideration.

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Hello, according to the third paragraph of Article 31 of the Administrative Reconsideration Law of the People's Republic of China, once the administrative reconsideration decision is served, it will take legal effect. The respondent of the subordinate organ of the reconsideration organ shall perform the reconsideration decision after receiving the written decision.

"Performance" refers to the content of measures taken to implement the reconsideration decision. Even if the respondent has different opinions on the reconsideration decision, it should be handled in accordance with the content of the administrative reconsideration decision, and then express different opinions to the superior in an appropriate manner (such as a report, request for instructions, etc.), and may not take an attitude of ignoring or deliberately violating it.

In order to ensure the performance of the administrative reconsideration decision, Article 32 of the Administrative Reconsideration Law of the People's Republic of China stipulates that the respondent shall perform the administrative reconsideration decision. If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the administrative reconsideration organ or the relevant administrative organ at a higher level shall order it to perform within a time limit. "Non-performance" refers to clearly stating that the reconsideration decision cannot be implemented or ignoring the content of the reconsideration decision, and still handling it according to one's original wishes, or still adhering to the original administrative act; "Delay in performance without justifiable reasons" means that the respondent insists on its opinion and does not take immediate measures to implement the administrative reconsideration decision.

Where the performance of the reconsideration decision is delayed or not performed without justifiable reasons, the administrative reconsideration organ or the relevant organ may, in accordance with the provisions, order the respondent to perform the reconsideration decision; If the reconsideration organ or the administrative organ at the next higher level does not take measures against the respondent to order performance within a time limit, the applicant may also apply to the people's court for compulsory enforcement in accordance with the Administrative Litigation Law of the People's Republic of China and the judicial interpretation of the Supreme People's Court on enforcement.

Summary. Hello, dear, I am happy to answer for you, thank you for your patience, the administrative organ is not satisfied with the result of the administrative reconsideration, and the party concerned is not satisfied with the result of the administrative reconsideration, it can file an administrative lawsuit with the people's court.

Hello model friend, dear, I am happy to answer for you, the state Han thank you for your patience, the administrative organ is not satisfied with the results of the administrative reconsideration, and the parties are not satisfied with the results of the administrative reconsideration of Danhuai, they can file an administrative lawsuit with the people's court.

Article 5 of the Administrative Reconsideration Law of the People's Republic of China Citizens, legal persons, or other groups of persons who are dissatisfied with an administrative reconsideration decision may file an administrative lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law, but the law stipulates that the administrative reconsideration decision shall be final.

Generally speaking, 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 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, etc.; 2. Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets; 3. Dissatisfied with 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 right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wasteland, tidal flats, and sea areas; 5. Believing that the administrative organ has infringed upon the legitimate right to operate independently; 6. Where it is found that an administrative organ has changed or abolished an agricultural contract, infringing upon its lawful rights and interests.

7. It is believed that the administrative organ illegally raises funds, Xiangsheng collects property, appoints expenses, or illegally requires the performance of other obligations; 9. Where it is found that the statutory requirements 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 or registration of relevant matters, but the administrative organ fails to handle it in accordance with law; 9. Where an application is made to an administrative organ to perform its statutory duties to protect personal rights, property rights, and 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 infringe upon their lawful rights and interests.

The administrative penalty made by the Market Supervision Bureau of our bureau was reconsidered by the county people, and the reconsideration result was wrong.

If an administrative reconsideration organ finds that a reconsideration decision that has already taken legal effect is in error, it has the right to change it on its own.

Where harm is caused to the parties as a result of an administrative organ changing or revoking its original administrative act, the administrative organ shall bear corresponding responsibility.

1. After applying for administrative reconsideration, after the administrative reconsideration organ has made a decision not to accept the application, if the applicant is not satisfied with the decision, he may file an administrative lawsuit with the people's court in accordance with the law within 15 days from the date of receipt of the decision not to accept the application.

2. Legal basis: Article 19 of the Administrative Reconsideration Law of the People's Republic of China.

1. If I am not satisfied with the administrative reconsideration, can I still apply for reconsideration?

1. Dissatisfied with administrative reconsideration can only be subject to administrative litigation.

2. The first-level reconsideration system refers to a system in which citizens, legal persons, or other organizations that are dissatisfied with a specific administrative act taken by an administrative organ may apply for reconsideration to the administrative organ at the next higher level of the administrative organ or to other organs prescribed by laws and regulations, and if they are not satisfied with the reconsideration decision, they can only file an administrative lawsuit with the people's court in accordance with the law, and may not apply for reconsideration to the administrative organ at the next higher level of the reconsideration organ. That is to say, citizens, legal persons or other organizations that do not obey the specific administrative acts of the administrative subject may apply to the statutory reconsideration organ for reconsideration once, and the reconsideration decision made by the reconsideration organ is the final administrative decision, and the administrative counterpart cannot apply for reconsideration to the state administrative organ at a higher level if he is not satisfied.

3. The first-level reconsideration system is the basic system established by China's "Administrative Reconsideration Law", mainly considering that China's administrative reconsideration decision is not the last remedy in most cases, and the parties who are dissatisfied with the reconsideration decision can still file an administrative lawsuit and still get the relief of the people's court at the two levels of trial, so that there is no need to implement a bipolar or multi-level reconsideration system in the administrative system, so as to avoid the delay in resolving administrative disputes in the administrative system and adversely affecting the protection of the legitimate rights and interests of citizens, legal persons or other organizations. Moreover, it affects the improvement of administrative efficiency.

4. If a citizen, legal person or other organization is dissatisfied with an administrative reconsideration decision, he or she may apply for a final administrative ruling under special circumstances, but the final ruling is not a second application for administrative reconsideration.

5. If you are not satisfied with the specific administrative act of the department or the people of the province, autonomous region or municipality directly under the Central Government, apply for administrative reconsideration to the department that made the specific administrative act or the people of the province, autonomous region or municipality directly under the Central Government. If the dry object is dissatisfied with the administrative reconsideration decision, it may file an administrative lawsuit with the people's court; It is also possible to apply to *** for a ruling, and *** will make a final ruling in accordance with the provisions of this Law.

Legal analysis: If the parties are not satisfied with the results of the reconsideration of the government, they may file an administrative lawsuit with the people's court.

Legal basis: Article 5 of the Administrative Reconsideration Law of the People's Republic of China Where a citizen, legal person or other organization is dissatisfied with an administrative reconsideration decision, it may file an administrative lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law, except where the law provides that the administrative reconsideration decision is final.

Administrative Litigation Law of the People's Republic of China》 Article 45: Where citizens, legal persons, or other organizations are dissatisfied with a reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.

Legal analysis: If a party is dissatisfied with the result of administrative reconsideration, it may file an administrative lawsuit with the people's court.

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 5 Where a citizen, legal person or other organization is dissatisfied with an administrative reconsideration decision, it may file an administrative lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law, except where the law provides that the administrative reconsideration decision is final.

Administrative Litigation Law of the People's Republic of China Article 45 If a citizen, legal person or other group or mu Da Weaving is dissatisfied with the reconsideration decision, he may file a lawsuit with the people's court within 15 days from the date of receipt of the decision to reconsider the old people. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.

As long as a statutory administrative act can apply for administrative reconsideration, and whether the administrative counterpart is dissatisfied with the administrative organ and can apply for administrative reconsideration shall depend on whether the administrative act is within the scope of the act reconsideration.

Article 6 of the Administrative Reconsideration Law of the People's Republic of China stipulates: "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, qualifications, or other 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;

It can be seen that if the administrative act complies with the above provisions, and the administrative counterpart is not satisfied, it may apply to the reconsideration organ for administrative reconsideration; If the administrative act does not have the above circumstances, it cannot apply for administrative reconsideration, and even if the administrative counterpart submits an application to the reconsideration organ, the reconsideration organ will reject the administrative counterpart's application.

1. Conditions for the administrative counterpart to apply for administrative reconsideration.

If the administrative counterpart wants to apply for administrative reconsideration, it must meet the following conditions:

2. There is a clear respondent;

3. There is a specific request for reconsideration and factual basis;

4. It belongs to the scope of administrative reconsideration acceptance stipulated in the Administrative Reconsideration Law;

5. Apply for reconsideration within the statutory time limit.

Those who are dissatisfied with the administrative reconsideration decision may file an administrative lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a reconsideration decision within the time limit, the party concerned may file an administrative lawsuit with the court within 15 days after the expiration of the reconsideration period.

[Legal basis].

Article 45 of the Administrative Litigation Law of the People's Republic of China.

Where citizens, legal persons, or other organizations are dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.

Article 46.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law.

Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.