What to do if you are not satisfied with the administrative punishment, and what to do if you are no

They can take two remedies: administrative reconsideration and administrative litigation to protect their own rights and interests.

Administrative reconsideration refers to an administrative act in which a party is dissatisfied with a penalty decision made by an administrative organ, believes that certain acts of administrative law enforcement personnel have violated its legitimate rights and interests, and applies to the organ at the next higher level that made the administrative penalty decision in accordance with the law to review the legality and appropriateness of the punishment.

The law is based on Article 6 of the Administrative Punishment Law: 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. Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally giving administrative punishments, they have the right to demand compensation in accordance with law.

If you are not satisfied with the administrative penalty, you should clarify the method and time limit for filing the objection: apply for reconsideration to the administrative organ at the next higher level of the organ that made the administrative penalty decision within 60 days from the date of receipt of the administrative penalty decision, or directly file an administrative lawsuit with the local people's court within three months from the date of receipt of the administrative penalty decision.

In accordance with the relevant provisions of the Administrative Litigation Law and the Administrative Reconsideration Law of the People's Republic of China, if a party is dissatisfied with an administrative penalty decision made by the administrative department for copyright, it may apply for reconsideration to the administrative organ at the level above the organ that made the administrative penalty decision within 60 days of receiving the administrative penalty decision, and may also directly file an administrative lawsuit with the people's court within three months of receiving the administrative penalty decision; The reconsideration organ shall make an administrative reconsideration decision within 60 days of receiving the application for reconsideration. If the applicant is not satisfied with the reconsideration decision, he 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 applicant may file an administrative lawsuit with the people's court within 15 days of the expiration of the reconsideration period.

Citizens, legal persons, or other organizations are dissatisfied with specific administrative decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, orders to suspend production and business, temporary seizure or revocation of permits, or administrative detention;

or refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets.

If the administrative counterpart is dissatisfied with the administrative penalty imposed by himself, there are two ways to deal with it, including applying to the competent department at the next higher level for administrative reconsideration or directly filing an administrative lawsuit with the people's court under his jurisdiction, which can remedy his legitimate rights and interests. As for the specific method to choose, the parties can make a judgment according to their actual situation.

Where an application for administrative reconsideration is made, where a citizen, legal person, or other organization believes that a specific administrative act infringes upon its lawful 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 period shall continue to run from the date on which the obstacle is removed.

Application for Administrative Litigation:

Where the first paragraph of article 38 of the Administrative Litigation Law, where citizens, legal persons, or other organizations apply to an administrative organ for reconsideration, the reconsideration organ shall make a decision within two months of receiving the application, except as otherwise provided by laws and regulations.

If the applicant is not satisfied with the reconsideration decision, he 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 39: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall know that the specific administrative act is taken within three months of the date on which it is taken. Except as otherwise provided by law.

In our lives, if we encounter legal problems, we must first have a certain understanding of the relevant laws and regulations, and then conduct an analysis of specific problems. If a party is dissatisfied with an administrative punishment decision, it may conduct an administrative reconsideration within the time limit. It is required to safeguard legitimate and legitimate rights and interests.

Legal analysis: If you are dissatisfied with an administrative penalty decision, you may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. 1. The complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.

Where it is truly difficult to write a complaint, the lawsuit may be filed orally, and the people's court will record it in the record, issue a dated written evidence of the complaint, and inform the opposing party. 2. The applicant for administrative reconsideration can apply in writing or orally; In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.

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 for the jury judgment where the law provides that the administrative reconsideration decision is the final award.

Those who are dissatisfied with the administrative punishment decision may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law. Those who apply for administrative reconsideration may apply in writing or orally; In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic circumstances, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.

How long can a lawsuit be filed if you are dissatisfied with an administrative penalty.

1. Those who are dissatisfied with the administrative punishment shall file a lawsuit within six months. In accordance with relevant legal provisions, 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.

2. In cases where litigation is initiated over immovable property, more than 20 years have elapsed since the date of the administrative act, and more than 5 years have elapsed since the date of the administrative act, and more than 5 years have elapsed since the date of the administrative act, the People's Court shall not accept it.

Legal basisArticle 11 of the Administrative Reconsideration Law of the People's Republic of China.

The applicant may apply for administrative reconsideration in writing or orally; In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.