What should the respondent do if the applicant refuses to implement the reconsideration decision?

You can apply to the people's court for compulsory enforcement, and the person who refuses to enforce will be punished.

Administrative Reconsideration Law of the People's Republic of China

Article 33: Where an applicant fails to file a lawsuit within the time limit and fails to perform on an administrative reconsideration decision, or fails to perform on an administrative reconsideration decision of a final award, it shall be handled separately in accordance with the following provisions:

1) The administrative reconsideration decision to uphold a specific administrative act shall be enforced by the administrative organ that took the specific administrative act in accordance with law, or an application to the people's court for compulsory enforcement;

2) The administrative reconsideration decision to modify a specific administrative act shall be enforced by the administrative reconsideration organ in accordance with law, or an application to the people's court for compulsory enforcement.

Article 37 Where the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the directly responsible person in charge and other directly responsible personnel shall be given an administrative sanction of warning, demerit or major demerit in accordance with law; Where performance is still refused after being ordered to perform, administrative sanctions such as demotion, removal, or dismissal are to be given in accordance with law.

Administrative reconsideration has been legislatively set up as a hierarchical supervision of the upper and lower levels of the administrative organs, therefore, the administrative reconsideration decision has the nature of an administrative order, and the lower-level organ, that is, the respondent, must perform it. From this point of view, an administrative order cannot bind an applicant for administrative reconsideration, so the law provides that if the applicant fails to perform the administrative reconsideration decision, the respondent may apply to the people's court for compulsory enforcement. If the respondent fails to perform the administrative reconsideration decision, the law stipulates that the relevant responsible person or unit can only be administratively dealt with by administrative means.

Therefore, you can only report to the head of your unit or the competent authority at a higher level and request that the respondent be urged to fulfill the reconsideration decision. According to Article 37 of the Administrative Reconsideration Law, if the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warning, demerit or major demerit in accordance with the law; Where performance is still refused after being ordered to perform, administrative sanctions such as demotion, removal, or dismissal are to be given in accordance with law.

Article 62 of the Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China stipulates that if the respondent fails to make a new specific administrative act in accordance with the requirements of the administrative reconsideration decision within the prescribed time limit, or violates the provisions of the specific administrative act, it shall be investigated for legal responsibility in accordance with the provisions of Article 37 of the Administrative Reconsideration Law. Article 64 provides:

Where an administrative reconsideration organ or administrative reconsideration organ fails to perform the administrative reconsideration duties provided for in the Administrative Reconsideration Law and these Regulations, and fails to make corrections despite the supervision and urging of the administrative organ with the power to supervise, the directly responsible person in charge and other directly responsible personnel shall be given a warning, a demerit, or a major demerit in accordance with law; where serious consequences are caused, sanctions of demotion, removal, or expulsion are to be given in accordance with law.

Article 65 stipulates: Where an administrative organ or its staff violates the provisions of the Administrative Reconsideration Law and these Regulations, the administrative reconsideration organ may submit a recommendation to the personnel and supervision departments for punishment of the relevant responsible personnel, and may also directly transfer the factual materials of the relevant personnel who have violated the law to the personnel and supervision departments for handling; The personnel and supervision departments that accept the transfer shall handle it in accordance with the law and report the results of the handling to the administrative reconsideration organ to which it was transferred.

The administrative reconsideration organ or the administrative organ at a higher level may order it to perform within a time limit, and the person directly responsible for the respondent and other persons directly responsible may be given administrative sanctions in accordance with law.

Administrative Review Law

Article 32 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.

Article 37 Where the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the directly responsible person in charge and other directly responsible personnel shall be given an administrative sanction of warning, demerit or major demerit in accordance with law; Where performance is still refused after being ordered to perform, administrative sanctions such as demotion, removal, or dismissal are to be given in accordance with law.

You can apply to the court for compulsory enforcement, or you can file a complaint with the county** or municipal public security bureau.

Go to court to apply for enforcement.

If the applicant fails to file a lawsuit within the time limit and fails to perform the administrative reconsideration decision, or fails to perform the administrative reconsideration decision of the final award, it shall be dealt with separately in accordance with the following provisions: (1) The administrative reconsideration decision to uphold the specific administrative act shall be enforced by the administrative organ that took the specific administrative act in accordance with law, or the people's court shall be requested to enforce it in accordance with the law; 2) The administrative reconsideration decision to modify a specific administrative act shall be enforced by the administrative reconsideration organ in accordance with law, or an application to the people's court for compulsory enforcement.

Article 33 of the Administrative Reconsideration Law Where an applicant fails to file a lawsuit within the time limit and fails to perform an administrative reconsideration decision, or fails to perform an administrative reconsideration decision of a final award, it shall be dealt with separately in accordance with the following provisions: (1) The administrative reconsideration decision to uphold a specific administrative act shall be enforced by the administrative organ that took the specific administrative act in accordance with law, or an application to the people's court for compulsory enforcement; (2) The administrative reconsideration decision to modify a specific administrative act shall be enforced by the administrative reconsideration organ in accordance with law, or an application shall be made to the people's court for compulsory enforcement.

Legal analysis: If the applicant fails to perform the administrative reconsideration decision and sustains the administrative reconsideration decision of the specific administrative act, the administrative organ that made the specific administrative act shall enforce it in accordance with the law, or apply to the people's court for compulsory enforcement; An administrative reconsideration decision to modify a specific administrative act shall be compulsorily enforced by the administrative reconsideration organ in accordance with law, or an application shall be made to the people's court for compulsory enforcement.

Legal basis: Article 2 of the Administrative Reconsideration Law of the People's Republic of China This Law applies to citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests and submits an application for administrative reconsideration to an administrative organ, and the administrative organ accepts the application for administrative reconsideration and makes an administrative reconsideration decision.