Full text of the Regulations for the Implementation of the Administrative Reconsideration Law of the

Legal analysis: (1) In accordance with the provisions of Article 18 of the Administrative Reconsideration Law, transfer the application for administrative reconsideration of the scumbag Hongguan; (2) Handling matters such as administrative compensation as provided for in Article 29 of the Administrative Reconsideration Law; (3) In accordance with the duties and powers of the register, supervise the acceptance of administrative reconsideration applications and the performance of administrative reconsideration decisions; (4) Handling administrative reconsideration, statistics on administrative response cases and filing of major administrative reconsideration decisions; (5) Handling or organizing the handling of administrative response matters that have been directly filed in an administrative lawsuit without administrative reconsideration; (6) To study the problems found in the administrative reconsideration work, to put forward suggestions for improvement to the relevant organs in a timely manner, and to report major problems to the administrative reconsideration organs in a timely manner.

Legal basis: "Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China" Article 3 In addition to performing their duties in accordance with the provisions of Article 3 of the Administrative Reconsideration Law, administrative reconsideration organs shall also perform the following duties:

1) To transmit the relevant administrative reconsideration application in accordance with the provisions of Article 18 of the Administrative Reconsideration Law;

(2) Handling matters such as administrative compensation as provided for in Article 29 of the Administrative Reconsideration Law;

3) In accordance with their duties and powers, supervise the acceptance of administrative reconsideration applications and the performance of administrative reconsideration decisions;

(4) Handling administrative reconsideration, statistics on administrative response cases and filing of major administrative reconsideration decisions;

(5) Handling or organizing the handling of administrative response matters that have been directly filed in an administrative lawsuit without administrative reconsideration;

6) Study the problems found in the administrative reconsideration work, promptly put forward suggestions for improvement to the relevant organs, and report major problems to the administrative reconsideration organs in a timely manner.

Administrative reconsideration and administrative litigation are both means of remedy, and the two are basically side by side. Administrative reconsideration belongs to the hierarchical supervision of administrative organs, and administrative litigation belongs to judicial supervision. If you choose to reconsider, you cannot file a lawsuit within the statutory time limit, and if you file a lawsuit, you may not apply for reconsideration after the court accepts it in accordance with the law.

If the law stipulates that an application for reconsideration must be made before a lawsuit is filed, that is, a pre-reconsideration is required, and a lawsuit may not be filed with the court within the statutory time limit. There are also laws that stipulate that if administrative reconsideration is final, no lawsuit may be filed.

Article 6 of the Law on the Punishment of Administrative Concealment and Burial: Citizens, legal persons or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law. Citizens, legal persons, or other organizations that have suffered damage due to administrative penalties given by administrative organs in violation of the law have the right to file a claim for compensation in accordance with law.

Legal analysis: In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with the law: 1. Dissatisfied with 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 withholding or revocation of permits, temporary withholding 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. Refusing to accept the decision made by the administrative organ on the alteration, suspension or revocation of permits, licenses, qualification certificates, qualification certificates, etc.; 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. Believing that the administrative organ has infringed upon the legitimate right to operate independently; 6. Where it is found that the administrative organ has changed or abolished the agricultural contract, infringing upon its legitimate rights and interests; 7. Where it is found that an administrative organ has illegally raised funds, collected property, apportioned expenses, or illegally demanded the performance of its obligations; 8. Where it is found that the statutory conditions 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 and 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 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 fails to issue it in accordance with law; 11. Where it is found that other specific acts of an administrative organ infringe upon their lawful rights and interests. Matters that do not fall within the scope of administrative reconsideration: first, administrative sanctions or other personnel handling decisions, and second, the handling of civil disputes

[Legal basis].Article 9 of the Administrative Reconsideration Law of the People's Republic of China Where 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 on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days. Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

[Legal basis].Article 9 of the Administrative Reconsideration Law of the People's Republic of China Where 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 on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days. Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with the provisions of the Administrative Reconsideration 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 and business, temporary seizure or revocation of permits, 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) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, or other such certificates; (4) Refusing to accept a decision made by an administrative organ to confirm 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; (6) Where it is found that an administrative organ has changed or abolished an agricultural contract, infringing upon its lawful rights and interests; (7) Where it is found that an administrative organ has illegally raised funds, expropriated property, assessed 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 an administrative organ to issue a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to an 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 has not issued it in accordance with law; (11) Where it is found that other specific administrative acts of an administrative organ have violated their lawful rights and interests. 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.