What is the difference between an appeal and a reconsideration? Seek scientific explanations. 15

Legal analysis: Appeal refers to the act of citizens, enterprises, institutions and other units that believe that the result of the handling of a certain issue is incorrect, and appeal to the relevant organs of the state to request a new handling. Reconsideration is a re-examination procedure lawsuit filed with the original organ or a higher authority against the specific decision of the administrative organ or judicial organ, and refers to the process of hearing a case in accordance with legal procedures under the auspices of the court.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 170 The second-instance people's court shall handle appeal cases separately in accordance with the following circumstances after trial:

1) Where the facts ascertained in the original judgment or ruling are clear, and the application of law is clear and accurate, the appeal is to be rejected by means of a judgment or ruling, and the original judgment or ruling is upheld;

2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law;

3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts;

4) Where the original judgment omits parties or makes an unlawful default judgment or seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for new trial.

Where after the original people's court makes a judgment on a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not bring it back for retrial.

Legal Analysis: There are the following differences between reconsideration and appeal. 1；Reconsideration refers to dissatisfaction with an administrative act made by an administrative organ, and a reconsideration is made to a higher level to request a review, and if the reconsideration result is still not satisfied, the litigation procedure may be taken.

2；An appeal is a case that has already entered the litigation and is dissatisfied with the court's judgment and continues to file an appeal, while the appeal is an agitated case that has entered the litigation procedure, and it is the court that handles the appeal case, and the administrative organ is the administrative organ for reconsideration.

Legal basis: Article 41 of the Constitution of the People's Republic of China Citizens have the right to lodge a complaint with the relevant state organ for the illegal and dereliction of duty of any state organ or its functionary, giving citizens a wide range of rights to appeal. Article 203 of the Code of Criminal Procedure provides:

Parties and their legally-designated persons and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped. Article 9 of the Administrative Reconsideration Law of the People's Republic of China stipulates that if a citizen, legal person or other organization believes that a specific administrative act infringes upon its legitimate rights and interests, it may submit an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, the application period stipulated by law exceeds 60 days.

Legal analysis: (1) different nature of administration (1) reconsideration by the administrative organ at the next higher level of the administrative organ of the lower level of the specific administrative line or the review of the administrative process, belongs to the category of administrative acts, all the process is carried out within the administrative system (2) the acceptance organ of the administrative reconsideration is the administrative organ that made the specific administrative act belongs to the people** or the administrative department at the next higher level. The people's courts are the organs that accept administrative lawsuits.

3) The scope of review is different Administrative litigation is "not suing and ignoring", and the scope of review is limited to the scope of the plaintiff's request, while administrative reconsideration is "correcting mistakes", which means that the scope of reconsideration is not limited to the applicant's application. (4) The intensity of the review is different (5) The basis for the review is different (1) The reconsideration organ hears the reconsideration case on the basis of laws, administrative regulations, local regulations, autonomous regulations and special regulations, administrative rules, and the decisions and orders of the administrative organs at a higher level that are generally binding (2) In administrative litigation, the people's courts review the administrative case on the basis of laws, administrative regulations, local regulations, and the autonomous regulations and special regulations of the ethnic regional autonomous areas, and the administrative and regulatory rules are only used as references. (6) The trial procedures are different.

Legal basis: Article 13 of the Administrative Litigation Law of the People's Republic of China: People's courts shall not accept lawsuits brought by citizens, legal persons or other organizations on the following matters: (1) national defense, foreign affairs and other state acts, (2) administrative regulations, rules, or decisions or orders formulated or issued by administrative organs with universal binding force (3) decisions of administrative organs on rewards, punishments, appointments and dismissals of administrative organ staff, and (4) administrative acts that are provided for by law to be finally adjudicated by administrative organs.

The difference between an appeal and a reconsideration is:

1. The accepting organs are different, and the accepting organs of administrative reconsideration are the people's ** or the administrative department at the next higher level to which the administrative organ that has taken the specific administrative act. The people's courts are the organs that accept administrative lawsuits.

2. The scope of review is different, and appeal refers to the act of citizens, enterprises, institutions and other units that believe that the result of handling a certain issue is incorrect, and appeal to the relevant organs of the state to request a new treatment. Reconsideration refers to the process of hearing a case in accordance with legal procedures under the auspices of a court in accordance with legal procedures.

The law is not repentantArticle 41 of the Constitution of the People's Republic of China.

Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary; They have the right to lodge complaints, accusations, or reports with the relevant state organs for illegal acts or dereliction of duty committed by any state organ or state functionary, but they must not fabricate or distort facts to make false accusations and frame them. With regard to citizens' complaints, accusations, or reports, the relevant state organs must ascertain the facts and be responsible for handling them. No one may suppress or retaliate.

What is the grievance procedure?

1. Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days from the date of delivery of the judgment;

2. Submit an appeal brief;

3. The original people's court shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party shall submit a reply within 15 days of receipt;

4. The People's Court of Second Instance shall conduct a review of the relevant facts and applicable law of the appeal request.

Legal analysis: 1. Reconsideration is a dissatisfaction with an administrative act made by an administrative organ, and a reconsideration is carried out to its higher level, and a review is requested, and if the reconsideration result is still not satisfied, the litigation procedure can be taken. 2. The appeal is a case that has entered the litigation and is dissatisfied with the judgment of the court and continues to file an appeal, the appeal is a case that has entered the litigation procedure, and it is the court that handles the appeal case, and the reconsideration is the administrative organ.

Appeal refers to the act of citizens, legal persons or other organizations that believe that the result of the handling of a certain issue is incorrect, and state the reasons to the relevant organs of the state and request a new handling, which is also a way for citizens to protect their rights and interests and has legal effect. Reconsideration refers to a citizen, a person in trouble, or other organizations who believe that a specific administrative act of an administrative organ infringes upon their lawful rights and interests, and submits an application for reconsideration to a specific administrative organ. Administrative relief activities in which the administrative organ accepting the application conducts a review of the legality and appropriateness of the original specific administrative act in accordance with legally-prescribed procedures, and makes a corresponding decision.

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 3 The administrative organs that perform administrative reconsideration duties in accordance with this Law are administrative reconsideration organs. The organs responsible for the legal work of the administrative reconsideration organs shall specifically handle administrative reconsideration matters and perform the following duties:

1) Accept applications for administrative reconsideration;

2) Investigate and collect evidence from relevant organizations and personnel, and consult documents and materials;

3) To examine the legality and appropriateness of the specific administrative act for which administrative reconsideration is applied, and to formulate an administrative reconsideration decision;

4) Handling or transferring applications for review of the relevant provisions listed in Article 7 of this Law;

5) Submit recommendations for handling conduct by administrative organs violating the provisions of this Law in accordance with the scope of authority and procedures provided;

6) Handling matters in response to administrative litigation arising from dissatisfaction with administrative reconsideration decisions;

7) Other duties provided for by laws and regulations.

Personnel engaged in administrative reconsideration for the first time in administrative organs shall obtain legal professional qualifications through the National Unified Legal Profession Qualification Examination.

Derivative question: How can I appeal.

There are two kinds of complaints: one is that when a litigant or other relevant citizen is dissatisfied with a judgment or ruling that has taken legal effect, he or she shall submit a request to the court or procuratorate for re-handling in accordance with the law. The second refers to the fact that when the staff of a state organ or a member of a political party or association is dissatisfied with the punishment he has received, he or she submits his or her own opinions on the jujube file to the original organ, organization, or higher-level organ or organization. When complaining, the complainant may request the assistance of a lawyer.

In civil cases and economic cases, a lawyer may also be hired to act as a ** person to appeal on behalf of the complainant.