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Administrative reconsideration is an administrative procedure, not a litigation procedure.
Administrative reconsideration refers to the act of a party dissatisfied with an administrative disposition applying to the original disposition organ or a higher-level administrative organ to review the original disposition and re-disposing it, and it is an act of the administrative reconsideration organ to deliberate on the original administrative disposition decision and maintain, change or revoke the original administrative disposition decision on the basis of the counterpart appeal.
The combination of administrative reconsideration and administrative litigation constitutes the whole process of resolving administrative disputes. For some administrative cases in which an administrative lawsuit can be filed against an administrative reconsideration decision, administrative reconsideration has become a pre-procedure for administrative litigation, and whether or not administrative reconsideration has been passed has become a content that must be examined by the people's courts when accepting an administrative case, but there is also a big difference between administrative litigation and administrative reconsideration
1) The processing authorities are different. It is the administrative organ that handles administrative reconsideration, and the organ that handles administrative litigation is the people's court.
2) The legal attributes of the processing behavior are different. The reconsideration acts of administrative organs are judicial administrative acts, and the acts of the people's courts hearing administrative cases are judicial acts.
3) The legal nature of the processing procedure is different. The procedure for administrative reconsideration by an administrative organ is an administrative procedure, while the procedure for a people's court to hear an administrative case is a litigation procedure.
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Item A*** is final and not actionable.
Item D is the administrative reconsideration decision made by the province, and if you are not satisfied, you can apply for a ruling or find the people's court.
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Legal Analysis: "Non-actionable administrative acts" refer to administrative acts that are clearly excluded and do not fall within the scope of administrative litigation accepted by the people's courts. It mainly includes the following behaviors:
State acts, abstract administrative acts, internal personnel management acts, final administrative rulings, criminal justice acts, mediation and arbitration acts of administrative organs, administrative guidance acts that do not have coercive force, repeated handling acts that reject the appeal filed by the parties, and acts that do not have an actual impact on the rights and obligations of the counterpart.
"Non-actionable administrative acts" refers to administrative acts that are clearly excluded and do not fall within the scope of administrative litigation accepted by the people's courts. In accordance with the provisions of the Administrative Litigation Law and the Judicial Interpretation of the Administrative Litigation Law.
According to the provisions of the Administrative Litigation Law, the 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 acts of state;
2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding;
3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff;
4) Administrative acts that are to be adjudicated by the administrative organs as provided for by law.
Legal basis: Article 13 of the Administrative Litigation Law of the People's Republic of China: People's courts do not accept lawsuits brought by citizens, legal persons, or other organizations on the following matters:
1) National defense, foreign affairs, and other acts of state;
2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding;
3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff;
4) Administrative acts that are to be adjudicated by the administrative organs as provided for by law.
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Answer]: (a) According to Article 2 of the Administrative Litigation Law, the 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 that are generally binding;
3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff; (4) Specific administrative acts that are to be finally adjudicated by the administrative organs as provided by law. According to Article 14 of the Administrative Reconsideration Law, 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, you shall apply for administrative reconsideration to the department that took the specific administrative act or the people of the province, autonomous region or municipality directly under the Central Government. Those who are dissatisfied with the administrative reconsideration decision 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. The award in option A is final, and an administrative lawsuit can be filed without a banquet.
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Answer]: According to Article 2 of the Administrative Litigation Law, the 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 are ambushed; (2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are binding on the general code; 3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff; (4) Specific administrative acts that are to be finally adjudicated by the administrative organs as provided by law.
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Answer]: cThis question examines the prosecution of administrative litigation. Option C is an act of mediation, so an administrative lawsuit cannot be filed.
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Answer] The parties to the :d administrative lawsuit include the plaintiff, the defendant, the third person and the co-litigants. Item D, the entrusting person is not a party.
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Answer] D
The parties to the administrative litigation include the plaintiff, the first defendant, the third party and the co-litigant. In item d, the entrusting person is not a party.
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Legal analysis: (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) administrative organs' decisions on rewards and 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.
Legal basis: Article 13 of the Administrative Litigation Law of the People's Republic of China: People's courts do not accept lawsuits brought by citizens, legal persons, or other organizations on the following matters:
1) State acts such as national defense and foreign affairs, (2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding, (3) Decisions of administrative organs on rewards, punishments, appointments, and dismissals of administrative organ staff (4) Administrative acts that are subject to final adjudication by administrative organs as prescribed by law.
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